The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-05-08

AICHlS bSiuHBeIs one Angelo JOHn
Lamater, foreman of the Jackson
versoR, IaboTer
These two cases were tried at the
November term of the United States
court at Pensacola, resulting in
conviction of W. S. Harlan, S. Z.
Huggins, and c. c. Hilton in the first
case mentioned, and of a conviction
of Robert Gallagher, Oscar Sander
and Walter E. Grace in the second
case tried.
TRIALS WERE NOTED.
These trials consumed great deal
of time and were perhaps the most
noted tried in recent years in this
court because OF the prominence of
the parties concerned as well as the
general publicity that had been given
TO the cases, and too, because of the
revelations made by the witnesses
upon the hearing.
After the conviction the court SEN
tence was: w. S. Harlan, five thou
sand dollar fine and eighteen months
in the penitentiary at the city of At
Ianta; G.. c. Kitten and s. Z. Higgins
were each given thirteen menths ia
the penitentiary at Atlanta, and each
sentenced TO pay one Thousand dol
lar fine. In the second case Robert
Gallagher was sentenced to fifteen
months ia the penitentiary at Atlanta
and to pay a fine of one thousand
dollars. Walter E. Grace and Oscar
Sander were each given thirteen
months in the peRi4entiary at Atlanta,
and a fine of one thousand dollars
each.
IMMEDIATELY APPEALED.
The defendants Immediately ap-
pealed their cases to the United
-
leans, that court affirming the verdict
and judgment of the lower court. A
petition was then filed in the supreme
court of the United States, praying
for a writ of certiorari, that is that
the whole record might be sent up
and the cases reviewed by the SU-
preme court of the United States. The
supreme courts decision denying the
writ of ceTtiorari puts an end to one
of the most bitter and hard fought
cases that has engaged the attention
of the United States court at Pensa- |
cola for many years
When the order denying the petit !
ton for the writ is sent down by the |
supreme court of the United States TO |
the circuit court Of appeals at New
Orleans, that court. will then issue it's |
mandate to the district court Of the |
United States for the northern dis |
trict of Florida, and then the judg- |
ment and sentence of the court will |
be effective. This will no doubt Oc-
cur within a short time.
Then the defendants will be taken /
in custody by the United States mar
shall and conveyed to Atlanta TO be
gin the sentence of Imprisonment
Oscar Sander, one of the defend |
ants who was CONVICTED in the sec
ohd case tried. soon after conviction. |
surrendered himself to the United /
States marshal, and did not PaTtici-
pate in the appeal of these cases
Hc was taken to Atlanta, Ga, spd /
there served some seven or eight /
moRths of his sentence sof impTison- |
ment and was pardoRed by President
Roosevelt
The defendants in these cases were
by some of the ablest /
left undone by their counsel to save
them from the sentence imposed.
In the first case tried $50 separate /
assignments of error were taken and
made in the appellate court, and the /
second case of Gallagher ct al vs..
United States, 119 separate assign
ments of error were laid by their
These we're the last cases of i'm
portance to be tried by the late Judge
Charles Swayne, and 1T is noteworthy
thai Though he at the ttsne was Sc
riously i'll, though these casese con-
suned many day in the trial, a vast
number of witnesses were heard and
many intricate question of law in
voIved on the trial of the cases, as
the great number of assign
ments of error, that the cTime Of |
or conspiracy to commit |
was comparatively new in the
of the country, aud at
that time very few interpretations OF
the law bearing on this crime had
been made by the courts of the Unit
ed States. yet the appellate courts
found no errer and nothing Prejudic-
ial to the defendants upon which
these cases could be reversed.