The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1912-04-26


County Court the plea OF guilty
would be entered and a fine assessed
against them, and it has been the
custom in this County for more than
sixteen l6) years, and the dOckets
will bear ME out. that working
negro when caught gambling, the
Courts will let him of for five t$5 100
dollars and costs for the first Offense.
and ten ($lG.0O) dollars and costs
for the second Offense.
The present Prosecuting AttOrne!
has required that under the law a
warrant must be sworn out before
the County Judge or some judicial
officer and preliminary trial given
before filing an information. After
the preliminary hearing, and they
ale committed, he then files his in
formation upon this commitment and
As soon as the information is filed, a
capias is issued upon that and then
have No authority TO hold them under
the commitment. but have to REAR
rest them under the capias issued up
on the information.
The procedure in the County Court
is just the same as in the Circuit
Court. with .he exception that in one
ease the Grand Jury makes the in
vestigatiOn and finds an indictment.
and in the County Court the Prose
cutting Attorney files an information.
When the affidavit and warrant is
filled before the County Judge. he can
only give them 4 preliminary trial,
and where a plea Of guilty is en-
tered the same procedure under the
law is to be gone through with as il
they had entered plea Of not guilty
Ii the information was filed without
this preliminary trial by the County
Judge. there would only be the one
warrant. and the party would be ar
rested and held under this warrant
but where Il preliminary trial is had
| hold them under a commitment un-
til the information is filed, or an in
dictmcnt Is found and Il capias is
sued. Then my authority to hold,
ceases under the commitment and
have To hold them under the capias.
In the specific eases named by
those who are criticizing the County
Judge and myself, the warrant was
sworn out before the County Judge
and these parties went through the
same mode of procedure for gamb-
murder or any other crime. with the
exception that after the infOrmati ion
was filed by the Prosecuting Attor-
ney. the Judge then passed sentence
upon them, but in each case they
were bound over by the County Judge
to appear at the next term of the
County Court, and upon this commit
mcnt the Prosecuting Attorney filed
information, and the same entries
and same papers were made and had
to be made in each of those cases, as
IL the parties were personally present
and entered their plea of guilty.
| The law allows the sheriff $l.lO for
each arrest and return. 80 cents for
committing prisoner to Jail, - cents
for each rc-commitmcnt. and 10 cents
per mile each way to and from the
Court House to the place where the
|prisOncr was arrested, and 10 cents
per mile for the prisoner from where
PC WAS arrested To the Court House
and where they would prove to my
sal isfaction that the negroes caught
gambling were working men, | would
accept cash bond sufficient to pay
the fine and costs usually assessed. |
was entitled to all my fees the same
e if ] conveyed the prisoner to the
Court House. and in each ease they
willingly paid these rather than to
be actually taken away from their
work, and | left them mainly for the
accommodation of their employers,
but in no case would I accept a bond
for any amount for a professional
gambler or a lewd woman, but re-
quired them to go to Jail without ex-
ccptiOn. was entitled to my fees
IA stated before. and the only reason
they were not actually conveyed to
the Jail was at their own request and
for the accommodation of those who
employed them, and should | be re-
qnired to forfeit my fees when | ac-
cOmmodate the employers Of persons
arrested, especially when they are
willing to pay them?