The Pensacola journal., 1909-10-17

lsgher and Walter Z. Grace; and sep4
arate copies of the appeal bonds for
each of the defendants, Harlan. Hug
gins, Hilton Gallagher and Grace ;
that Immediately subsequent to said
tender and the filing with said James
II. Judtins said petition, he then and
there at p. n. teisgraphed the sand
Thomas F. McGourin, the following
telegram, tO-wit:
Montgomery, Ala, Sept. 8, 1909.
Thomas F. McGourin, United States
Marshal, Pensacola, Fla:
BrittOn, Hughes and TTammell, as
Bondsmen, have today brought to my
office w. 5. Harlan, s. Z. Huggins, 9.
c. Hilton, Robert Gallagher and Wal
ter E. Grace and offered TO surrender
them to me and rendered all expenses
of transferring. All parties here now.
J. H. JUDKINS,
United States Marshal, Middle DIS
trict of Alabama, Montgomery. Ala.
that on the 8 day of Septemeor. 1909,
and at the time of filing said petition
with said Judkins, said bondsmen sent
the following telegram to said Thomas
+. McGOurn, to-wit:
Montgomery, Ala, Sept. g, 1909.
Thomas F. MCGourin, United States
Marshal, Pensacola, Fla:
We have assembled here today, w.
S. Harlan, s. E. Huggins, C. c. Hilton,
Robert Gallagher and Walter +.
Grace, and have surrendered them 20
the United States marshal In his Of
fee in the federal court house in this
city who now await your instructions.
The defendants also are ready and
awaiting you.
r. H. TRAMMELL,
w. H BRITTON,
J. E. HUGHES,
Bondsmen.
That imediately following the send
ing of said telegram and the filing of
said petition with said Judkins, sai1
bondsmen addressed communication To
the said Thomas F. McGourin, United
States marshal. advising him that said
bondsmen had rendered said defend
ants to said United States marshal,
at Montgomery, and 4@aC said defend
ants promised to remain in said city
of Montgomery until the following
Saturday morning awaiting such aC-
tion as the said marshal might take
for the purpose Of transferring SAID
defendants to the United States pris-
on at Atlanta, and in said letter re-
quested, also, said United States mar
shall at Pensacola to take prompt ac-
tion to secure the custody of said
defendants in the manner and for the
purpose aforesaid, a copy of which let
ter is attached hereto, marked EXhib-
it Al ard made a part hereof; that
in said letter said bondsmen advised
said Thomas F. McGourin that under
the conditions of the appeal bond they
had discharged their full obligations
as stated therein and were no longer
liable for the custody of said defend
ants, they having, as aforesaid, ten
dered them to the said United States
marshal and requested him to hold
them in his custody awaiting their
transfer in due COTse of law to the
United States prison at Atlanta;
That on the 10 day of September,
1909, said James H. Judkins received
from the said Thomas F. McGourin.
United States marshal, the following
telegram, to-wit:
Pensacola, Fla, Sept. 9. 1909.
To Judkins, United States Marshal.
Montgomery, Ala:
Conditions of bonds makes sur
render of men necessary at Pensa-
cola. I can not receive them else
where.
McGOURIN,
Marshal.
That subsequent TO the filing of the
petition and the sending of the tele-
gram, as afOTesGi3, said bOndsmen on
the 8 day of September, 1909, mailed
petition to the honorable circuit court
of the United States for the North
eTn district of Florida, petitioning said
United States circuit court to issue
its order to the marshal and have it
by the clerk of said court, duly au-
and deliver to the said
honorable James H. Judkins. United
States marshal, at Montgomery, COM