The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-10-17

On the hearing yesterday morning
before United States Judge Thos. q. .
Jones, of the middle district Of Ala
hama. 90 estreat the bonds of w. s.
Harlan, s. +. Higgins, Q. c. Hilton.
Robert Gallagher and Walter f
Grace convicted OF conspiracy to COM
NIT peOnage. the court made an order
that the defendants appear and sur
render, or that their bOndsmen appear
and surrender the bodies Of the de
PENDANTS In execution Of the sentence
and Judgments Of the court, to the
marshal for the Northern district OF
Florida on or before Oct. 29th, 1909,
at 10 o'clock a. m, at Pensacola, Fla.
MOTION BY REESE.
When court convened at o'clock
with Judge Jones presiding, the latter
directed the marshal to call the names
OF the FIVE defendants three times
When this was done and there was
no answer, the names OF the bonds
men we're called
Then Mt Reese. Tor the govern
ment, moved that the bonds be
estreated- Mr.. FlOurnOy. counsel for
the defendants, then filed his answer.
setting forth at length why the mo
ton to estreat snould not be granted
and this motion was finally with
drawn by Mr.. Reese, who then re
quested the court to issue an order
that the men either appear here or
be surrendered by their bondsmen on
OF before the goth, which was done.
COL. FLoURNoY TALKS.
Col. w. w FlOUFnoy, counsel for
MI Harlan and others, when seen
last night said that counsel for the
defendants are absolutely satisfied
"As long as / am before the court |
do not think it is within the bounds
OF professional ethics TO give an in
terview, but l believe we Will ulti-
mateiy succeed, fiTst, because, in my
OPTION the defendants are innocent;
second, they have not been legally
convicted. and third. Of my natural
inclination to believe that somehow
or somewhere right will prevail
Col FIouruoy's answer as filed yes
terday, IN part is a. follows;
col, FLOURNONS ANSWER.
In the Circuit Court Of the United
States. in and for the Northern Dis
trict of Florida, at Pensacola.
United States OF America VS. w -
Harlan. c c. Hilton and s f Hug
gins. as defendants, and w H Brit
ton, J. e. Hughes and r II. Tram
NELL as bOndSmCn.
To the Honorable United States CIR
cult Court. in and for the Northern
District of Florida, at Pensacola
Now come w. 5. Harlan, {. Q. Hill
ton and S. +. higgins, as defendants.
and w. H. Britton, j. +. Hughes ana
r. H. Trammell, as bOndsmen, In the
above entitled cause, and for answer
TO the motion OF the United States OF
America to estTeat the bonds IN said |
cause. file this their Joint and several
answer thereto and show 10 the couT-i
as follows. tO-wit.
That said defendants. w. S. Harlan,
c. G, Hilton and S. &. Huggin5, were
indicted and tried and. sentenced at
the March adjourned term Tor the
year 1906. in the month of December,
in the United States circuit court IN
and for the Northern district OF Flor
ida, upon the indictment charging
said defendants in violation OF section
$40 of the revised statutes OF the
United States. of having within the
county OF Walton, state OF Florida,
formed and entered into conspiracy /.
10 arrest and return one Rudolph !.
/ .anninger to a condition Of peonage;
that from said conviction and sentence
said defendants appealed 10 the United
States circuit court of appeals in and
for the Fifth circuit holden at New
Orleans. and the said United States
circuit court Of appeals on the % day
of February 1909, affirmed the ludg- [;
ment of the said circuit court; that
said circuit court Of appeals, by its
order. ordered the mandate % said
circuit court of appeals to be stayed,
for the term of three weeks immedi-
ateIy following the said date Of 4f-
fiTmance; that subsequent thereto
said defendants applied to the United
States supreme court for writ of GER
tiOTaTi, which application was on tn
II day Of May, 1909, by said supreme
court denied; that the mandate or