The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-11-05
TWOMOONSH|NE
CASES STU MP
u. S. JURIES
CASE OF r. M. AND j. A. PHILLIPS
RESULTS IN MIsTRIAL-JuRY
TRYING CASE OF {. FENDER,
coLoREp, LOCKED UP FOR THE
NIGHT.

Two 3uries In the United States
court yesterday were stumped in their
efforts to render verdicts in Illicit dis
filling cases, one of the panels being
discharged after reporting q Disagree
ment for the second time and the
other twelve men were sent back to
the jury room and instructed to re-
main there until they arrived at de-
cision.
The jury trying the case of Richard
NJ. and John A. Phillips, white men,
charged with operating an Illicit still
in jackson county, came into court
after being out about an hour and the
foreman reported that they were hope
less1y divided in the matter of rem
dering a verdict in the case, which
was based mainly on Circumsta initial
evidence. The foreman said they
were unable to decide how far they
should go I'm considering circumstan-
tiaI evidence.
After Judge Sheppard told them that
cfrcumstantial evidence was as good
as any other evidence if 1t was suf-
ficientIy strong to make a chain Of
evidence connecting the defendants
with the offense charged, he ordered
them back to the jury room, but after
they had been out for a little over a
half hour they came into the court
room for the second time and an
nounced that they could not agree on
a verdict. Judge Sheppard then dis
charged them, but said that his ruling
by no means esta blished a precedent
in such matters for term of court
A mistrial was order IN the case of
Phillips.
The jury was composed Of the fol-
lowing: VIM. s. Rosasco, foreman;
E1zn
Reilly, Junius B. Hall, NJ. A. Fowler
(creole), L. M. Thompson, Joel Frater,
Albert Johnson, w. r. Hearst, A. e.
Gordon and D. Newman.
Jury Locked Up.
The other jury which came into
court and reported a disagreement
was trying the case Of Elias Fender,
colored, also charged with operating
an illicit still in Jackson county. This
case was also based mainly on cir
cumstantial evidence. Judge Sheppard
did not discharge them when they re-
turned after being out about an hour,
but he ordered them back to the Jury
room. They went back to consider
the case about $50 last night, but in
the event they came to a decision,
they were instructed to render sealed
verdict, which would be opened at the
session OF the court this morning.
Pleaded Guilty.
The following defendants pleaded
guilty yesterday to the charges made
against them:
Ruth Dixon. Illicit distiIling, SEN
tence suspended.
George Simmons, illicit distilling,
not sentenced.
J. H. Williams, Illicit distilling, fined
$50.
George Pelt. Illicit distilling, fined |
$50.
John Wingate and Eli Houston, both |
colored, maintaining offensive corIt1i- |
ton Of premises at Warrington, SEN |
tence suspended.
Dismissed by Court.
The case of the United States VS..
The Lewis Bear Co, indicted on the
charge of mislabeling liquor shipped
interstate, was dismissed by the court.
Indictments Returned.
The following indictments were re-
turned yesterday by the grand jury:
United States VS.. Rufus p and
Samuel Jackson, of Flomaton. They
are charged with making an assault
on Deputy United States Marshal Quill
while they were on Santa
Rosa island several montsh ago, when
It is alleged they cut McNair's throat.
United States VS.. Otto D. Rails, a
revenue agent, embezzlement of gov
funds
United States VS.. James bearing of