The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1915-03-09


disposed 81 ~ enc verdict
We thiak your hoaor could draw a
Jury from the box. and the marshal.
wao e very eflelant and aulsent.
would e able 70 get those jurors here
~ Thursday morning. Prom the ex-
perisncs Ne havs had Ia the preaenta-
ton ~ the syiaence rs Tar as the case
has Progressed. we feel that the uvi-
dence can BE put n n much less
time than has been consumed IN putt
ting Z m On the present trial whlca
has Just ended. or niistrlak
The defendants are in the situation
Of having an expert accountant here
from New York. they also have a
witness who lives in California. Csan
Diegol, Mr ~ 4. Berry lie was Ia
New York 81 the time the case waN
called, but by wire we sent knowledge
20 him Of the case being tried and Sc
cured bis presence, and Ne i here,
He 81 course. win return % his home
and 4 VIII be necessary for Us 70
send % California 60 get him or take
his deposition. which your honor
knowa, ls never as satisfactory as
personal testimony by tho witness
himself on the stand Az any rate IL
would Sc quite expensive ard incon-
vsnieut, ard II we took his deposition
We wouid be denied the benefit 81 his
personal presence AZ q trial that would
Ne had IN May
Furthermore. IN May great many
q the state courts are in session a.
which most q the counsel have en-
gagements. a court meets In Bay
county. & meets IN Washington
county u meets Il santa Rosa eoun-
~, and IN May, besides the regular
term u this court which meets here
the court of record Of thls county
meets that same month
Another thing. and one whieA should
appeal % your honor. We think. Is the
suspense and delay % a trial Of Z =
bind. Your honor knows what an IN
dictment means against men n stand
Ing and character especially one 81
this kind: q prevents them from Eiv-
ing attention 70 their business. from
secuFfnw business. ard hangs IKE a
cloud over them We have expected
we would be able % secure 3 trial -
iris time and thereby do away with
that suspense
GOVERNMENT WITNESSES.
Mr.. Bean suggested that some 10,
the government WITNESSES are gone
some q them be has discharred to-
day. ] vii say one Of them IL In
New Orleans, and he can be gotten
back. another f. IN IAberty county.
and he can be gotten hack. and ln-
deed II your honor please. the pres
enee Of witness can Be secured from
almost any pert Of the United States
by the time they would be- needed ta>t
t.. before the latter part 81 this week
OF before the early part OF next week
We trust that under these clrcum-
stances your honor VIII give us the
privilege ~ trial at IRIS time which
We very much desire would Re ga !,
n your honor would hear some re-
marks from Mr. Kehoe. my associate
counsel upon this sub3tct before rul-
ms upon the application
Nh. KEHoE SPEAKS.
Mr. Kshos-If the ciurt please. I
DO not know that II Is Hardly neces-
gary tor me 20 say anything. as Judge
Carter Il seems TO me very clearly
suggested the reasons Why Il e very
desirable % ~ this casa az tais time
II possible
Now we al realize shat Il IL mat
ter almost entirely within tire discrs-
zion Of tia court aH Is whether Re
win grant 4 motion fer a continuance.
as IN this case. or whether Re VII
deny that melton n that application
I FOR q continuance was b1sed upon the
Illness % some witness. or some at
/ torney for the government e would
appeal very strongly ! know % your
honor 20 grant TIE continuance. but
l the only suggestion tkat is made herd
- and I am not criticisms az ALI that
+ L is not expedient or convenient q
/ DO 80.
Nov that Is probably true. but Il
would be equally aa inconvenlent foi
the defendants. maybe 81 some other
time, and Il seems 20 me tat th,
court In ruling on this proposition Wi
consider al 81 the facts In the case.
As suggested hy Judge Carter. Their,
are several local courts here the cour
81 record. ef which one G. the eoanse
for defendants IN this case. r. the go,
letter. the circuit court Of the F3rst
Judicial Circuit of Florida. of whlci
ere 81 the counsel Mr. Stokes e. stns'
attorney. Those courts viii be II
session alenE in May. and naturally
the arst claim on these two counse
viii be their offieial duties. and !
would make u exceeasngly inconven
tent. and a hardship for them 20 ar
tend % those duties ART also 90 b
present here at thiH trial
This case. as / understood. was 80
some months $50 20 be tried az tha
time. and while ] had no talk viii
Judge Sheppard about it assam
from the fact ne suggested that yea
honor would bold for hira that ~ 81
was nor disqualified he f,'it IKE Their
were reasons why be preferred you
or some judge other than himself {
try il now We wese advised SO -
last term 90 this court Some month
! ago. e the setting % this case a. hi
time and ! presume the ether attQy
ueyE ~ this case. like myself "a
some engagements Though IN my in
stance there were emily q few ~ thei
, ard made their arrangements accord
J ingiy