The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1911-08-04
COURTS TANGLED
ON JURISDICTION
And Blind Tigers May Escape
New Law the Cause.

There is an interesting question be-
fore the courts of County Judge M. j.
Coke and that of Justice John E. Mar
shall as to which has jurisdiction over
certain blind tiger cases that should be
adiudicated right now.
The difference of opinion, or uncer-
tainty arises over the fact that the new
law governing the trial for illegal liquor
sales went into effect on Tuesday at
noon.
There were nine arrests of negroes,
charged with running blind tigers,
made through the sheriff's office last
Saturday. Three OF them were from
Crescent City and six were arrested in
this city.
Two of the Crescent City parties
were discharged for want of evidence
on Monday, and il is stated at the court
house that they were warned that
the sheriff was coming after them in
time for them TO hide any evidences of
guilt. The men discharged were A.
Dunlap and Jeff Brady. The third case
is that of woman named Lou Champ.
She was held in sum of $500 to the
Circuit Court.
The warrants for all three were issued
by Justice Marshall under the old law,
and were all given a preliminary hear
ing under that law.
The new law which went into effect
on Tuesday at noon, makes it the coun
ty Judges duty TO try and determine all
such cases.
Here is what caused the tangle and it
shows what a lawyer who is up 10
snuff may do.
Tom Simmons a Palatka negro was
arrested for selling liquor on warrant
issued under the old law by Justice
Marshall. His preliminary hearing
came up on Monday afternoon before
Justice Marshall. He was defended by
Merryday & Walton, who filed motion
to dismiss on ground of lack of iurisdic-
ton. Justice Marshall thinking the
point good, discharged Simmons
The Sheriff'S office then had a new
warrant issued by Judge Coke, and re-
arrested Simmons. Merryday & Walton
again defended him. They made mo-
ton, Aug. 1st, to quaSh the warrant that
Jude Coke had no jurisdiction Judge
Coke agreed with defendants attorney
and discharged Simmons.
Orrie ZanderS, a Palatka negro arrested
for the same offense on warrant issued
by Justice Marshall, and whose case was
identical with that of Simmons, was
held by Justice Marshall to the Circuit
Court in $500 bonds. He had no lawyer.
Clarence Jefferson, Tim Fields, Ed.
Ransom and Will Johnson, all Palatka
negroes, were arrested by the Sheriffs
office on Saturday on warrants issued by
Justice Marshall, also all charged with
operating blind tigers. Two of them,
Jefferson and Johnson are up for their
second offense, but all of them it now
seems will get off scott free because of
the question of lack of jurisdiction.
Their cases are some different than
the others.
They were arrested under the old law
on warrants issued by Justice Marshall.
They were not, however, brought be-
fore him for preliminary hearing be-
fore the expiration of the old law. JUS
tice Marshall, however, in these four
cases issued orders transferring them TO
Judge Coxe'S court.
This proceeding Justice Marshall, who
is lawyer of experience, says is regu-
lar, but as Judge Coke takes a different
view, Justice Marshall has decided to
ask the opinion of Circuit Judge Wills.
He is at Starke today for that purpose,
among others.
Judge Coke insists that there can be
no question as TO his not having iuriS-
diction in these cases, They were ar
rested under the old law, and he cannot
try them under the new. He does think
that Justice Marshall can.