The Pensacola journal., 1909-10-17

upon the expressed promise that they
would not cause him the slightest
trouble. except as he was then and
there advised that they, said defend
ants, expected tc apply to the United
States court for a writ of habeas
corpus, in order that their legal rights
might be further legally investIg gated;
that Notwithstanding the refusal OF
said marshal to go to the city of Mont
gomery for the purpose, aforesaid,
said defendants on the day OF Sep
tember, 1909, secured their railroad
passage from the said city of Mont
gomery to the city of Pensacola, but
before the hour for leaving said city
of Montgomery, and about 9 p m, on
September S, defendants were advis-
ed that the said United States mar
shall was under the orders Of the de
partment to receive them only in the
said city of Pensacola, Florida, buJ
defendants were advised, believed and
therefore aver that such order wa
not based upon any valid rason but
solely upon the desire of the depart
ment to transfer the said defendants
from the said city of Pensacola to
Atlanta. not by and through the citv
Of Montgomery, the usual. regular and
most direct route to Atlanta, but go
ing east from the said city of Pensa-
cola around by River Junction. Flor
ida, with no other intent or purpose
than to avoid the application for writ
of habeaS corpus which was expected
to be made, and which the said mar
shall was advised would be made, be-
fore the honorable United States cir
cult court In and for the Middle dis
trict OF Alabama, at Montgomery; that
such pretext, or excuse, of said mar
shall and the department under whose
orders the said marshal claimed to be
acting, formed no reasonable or legal
basis for the refusal of said marshal
to act as agreed, as aforesaid. that is.
to go to Montgomery and accept the
custody of said defendants for the pur-
pose of transferring them over the
usual and most direct route to the
United States prison at Atlanta, Geor-
gia, and his refusal so to do was in
violation of his agreement so to do
was oppressive upon and in violation
of the rights of said defendants and
said bondsmen.
RENDERED TO ALA. MARSHAL.
That Immediately following the no
tice of said de. .endants and said
bondsmen TO Thomas F. McGourin,
United States marshal. of the United
States circuit court OF the Northern
district of Florida, that said defend
ants were assembled in said city of
Montgomery, Alabama, and their re-
quest 10 him, said marshal, to come
to said city for the purpose of taking
them into his custody and transfe:-
ring them to the United States prison
at Atlanta, said bondsmen, at 2:3O
o'clock p. m. on the day of Septem-
Der, AID. 1903, rendered each Of said
defendants personally to James H
Ind
the Middle district of Alabama, In his
office in the federal building in the
city of Montgomery, Alabama, and pc
titioned then and there the said
James H. Judkins to take each of said
defendants into his custody and hold
them in his custody to await notff-
cation by him to and instruction from
the said Thomas F. McGourin, United
States marshal of the Northern dis
trict Of Florida, and the said bonds |
men did then and there further offer |
and tender to the said James H. |
Judkins all expenses which might in |
cur in holding said bodies to await |
notification and instruction from the |
said United States marshal at Pen
sacola, and at the same time filed COPY
OF the indictment and appeal bond |
upon which said defendants were tried |
and upon which said appeal was taken, |
all of which will more fully appear |
by reference to Exhibit "A" attached /
hereto, and made a part hereof /
(said Exhibit "A" being and contain |
ing petition of bOndsmen to the Hon. |
James H. Judkins, United States mar |
shall. OF Montgomery, Ala dated Sep |
tember 8, 1909; copy of the indict- |
ment against said defendants; COW |
of the indictment against Robert Gal, |