The Pensacola journal., 1917-08-19
Interesting Testimony Adj
duced in the Hearing on
Habeas Corpus.
ARGUMENTS MAY
BE HEARD MONDAY
Testimony in Divorce Suit
introduced and Members
of Company I Testify. ..

'ASh 'Ac HaDedS corpus prOCeed~4
lngs against Captain James F.
Phillips. of Company I, were re-t
opened in the federal court yestardav4
morning, many of the witnesses who
had testified in the case last Tues
day were again called to the stand
on cross examination. The feature
OF the days trial occurred shortly be-
fore recess for dinner when Assist
ant District Attorney Earl Hoffman,
counsel for the defense, introduced
testimony taken in the divorce pro-
Ceedlngs of Charles Hurd VS.. Mar
tha Hurd in 1911, in which the plain
tiff testified that his son was going
on thirteen years old" Based on his
on testimony at the time, taken six
years ago, the defense claims ttat
the father has admitted that the boy
IS nearly twenty years old, and was
therefore free to enlist without con-
sent of his parents,
On examination by his attorney.
r. Pope Reese, the witness, who is
one of the parties to the prosecution,
stated that he did not remembr Civ
ing that testimony in the divorce
case, but if he said that his son was
thirteen years old at the time. the
statement was made on facts sup
piled by his wife, from whom he was
seeking separation.
When placed on the stand when the
case opened, both of the young men
testified that they were under the in
tiuence of liquor on the night that
they went to the armory hall to be
mustered in, and did not know what
they were doing. Neither remem-
bered taking the oaths while in line,
or of signing the papers.
Mrs. Briggs was next called to the
stand, and corroborated her testi-
mony of Tuesday, which coincided
with that Of Mark Joseph. Mrs.
Briggs, while on the stand yesterday
identified some birth records of the
ages of the young men, made in an
old Bible According to these rec
ords both were over eighteen years
of age.
Thomas A. johnson, Deputy Clerk
of the Circuit court was called to
identify some court records made in
the divorce proceedings of Charles
Hurd, VS.. Martha Hurd, now Mrs.
! Paul.
Mrs. Martha Paul, mother Of James
| F. Hurd was next called on cross ex-
animation and corroborated her pre-
! vious statements, that her son was
/ born on August 5, 1900, and was
/ therefore seventeen years of age two
, weeks ago.
Charles Hurd was then called,
and in the examination of this wit
ness the government brought in the
/ testimony in the divorce proceedings
/ in which the witness testified that
! his son was thirteen years old at the
time, which was February, 1911.
At this point the court took a re-
cess for dinner, and Immediately
upon reconvening, the testimony in
regard to the condition, Of the men
! when they enlisted was resumed In
the evidence during the morning, W.T.
| nesses had testified that when the
young men went TO the armory hall
after dark Of May 16, they were so
intoxicated that they did not know
what they we're doing.
Lieut.. E. I, Quina, on examination
stated that Willard Hurd had applied
for enlistment before six o'clock on
May 16, and was apparently sober.
DR.. L. c. Phillips, examining ply
| S2CLdH IOT company 1, Was next
called and testified that he had eX-
amined the young man in his Office
some time after 7:30 on the night OF
May 16, and that neither was in
toxicated for had they been in such a
condition rules governing the exam
nations, would have required their
rejectment. The examination papers
were introduced as evidence, and no
mention was made on them concern
ing intoxication.
/ Sergeant Hauteman, of Company /,
who was on duty musterng night,
May 16, stated on the stand, that his
business was to keep the men IN
alignment, and that he had not no
ticed anything unusual in the con-
duct of the two Hurds
Ernest Caro-, on being called to the
government testified to some q the
minor details of the enlistment of the
men
Peter Eubkin, an enlisted man in
lCompany I, testified that he was pres
ent at the mastering, and stood next
to Millard Hurd, hat did not notice