Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-05-17
to have the case mol pressed.
c. p. Layton

e ". layton
Knows the defendant. Defendant.
on April 10. in the Office Of witness.
IN the presence Of witness and VIM.
Johns. made a statement about break
Ing car. Said Oscar Kelly and he
(defendant) wanted some whiskey.
and that they got a railroad clerk az
High Springs 10 spot" a car contain
ing whiskey. Defendant told him
CwitnessD that Kelly entered the car
and paced a case OF whiskey In
the door. and he CdefendanD carried
u on
On cross, witness stated that he
Is attorney for the Atlantic Coast
Line. and that VIM. Johns IL a special
agent Of the same road.
n. q. West.
Section foreman Of the Atlantic
Coast Line, was recalled. and stated
that defendant had told him after
the preliminary hearing before Judge
b. KEY. IN which he (defendantD was
arraigned. that he would have plead
guilty % the car number had been
correct
r. p. HOdgsOn. seal clerk Of the
A. G. l., said seals ON c. q w. No.
724 were intact so far as he knew in
the morning. but In the afternoon an
Investigation showed that seal on
this car had been broken.
On crOss-examiuation witness stated
that when he reported this fact TO
the agent at High Springs. he (wit.
ness) was instructed TO alter the
seal record book
G. A. Bennett. wholesale and retail
liquor dealer. stated prices per case
on l. W. Harper whiskey In quarts
and pints.
Pate Sims on Stand.
Pate Sims, the defendant. was plae-
ed on stand. Stated that as far as
breaking into the car he knew moth
ing about H. Admitted having whis-
key. but said he and George o'Neal.
another boy. "chlpped In" sent TO
jacksonville and purchased the
liquor. Said that VIM. Johns ap-
preached him IN the matter OF get
ting him 20 testify against certain
parties IN this case and promised II
be would come 90 Gainesville and
talk with Mr.. Layton. be would mol
PROSE- the indictment against him.
Witness stated that Deputy sheriff
Hooper approached him "Wednesday
morning and asked him why he did
not testify against shorty" Davidson
in the case where be (DavidsOnl is
charged with murder. Witness re-
piled that he had nothing % swear
Witness stated that Hooper told him
n be would testify against Davidson
be (HOokerl would see Attorney
Rivers and have his (simsD case mol
pressed. which be (sims) refused 20
do.
When asked Why be made the state
ment 20 Attorney Layton and Mr.
Johns. defendant replied that after
his arrival IN Attorney LaytOn's
onlce. where be was taken and where
statement was made. that he was In
Inundated by Johns. who threatened
10 kick him all over High Springs"
n he refused
The case closed with the statement
OF the defendant. and argument be
gun. being opened By Attorney b. A.
Thrasher for the defense. who spoke
only a few moments. RE was fol-
loved briefly b. Attorney W. s.
Br0ome. also for the defense. Al
torney J. NJ. Rivers closed for the
State.
Defendant Not Guilty.
After receiving the charge OF the
court. the jury retired and returned
verdict OF not guilty. A. r. Wit
stock was foreman % the jury.
Case Of State ~. Alex stephens.
selling liquor. called and State an.
nounced ready Motion By attorneys
for defense Tor a continuance Was
overrulod and exception noted.
Case with Abrupt Ending.
The case % State vs. D. = English.