The Ocala evening star., 1920-04-14
STATEMENT FROM
JUDGE SMITH
He Gives His Reasons for Not Infiict-
ing Jail Sentence on Mabe
Phillips

Editor Star: Can it be that you
are misinformed? Or is it that you
are wilfully misrepresenting the
facts? l can't believe you would mis-
represent the facts. | know that il. is
beneath the dignity of a court to en-
gage in a newspaper controversy, but
for the reason that you and Brother
Green have things in an awful mess
and that possibly it would appear to
my real friends that now. as / have
decided not to run for office again,
that l did not care and possibly had
forgotten my pledge to the people to
do my full duty as saw it. / must
either engage in a newspaper contro-
versy and seek to Justify my acts to
them, or rule you for contempt of
court and convince you that / am not
afraid to put a white man in jail. I
choose the latter course. too, agree
with you that justice should be dealt
out alike to both white and black, but
/ know of no rule of law that requires
a man to be dealt harder with, just
simply because he is white. 1t is not
my fault that more white men have
not been caught and convicted for
dealing in shine. For your informa-
tion | am giving you below copy
of my criminal docket for the past
year.
Luther Gavan. colored; fined S1OO
or six months. =.
William Cabarrie, colored; fined
5000 and six months, with six months
In default Of payment of fine.
Grant Mickins, colored; fined $500 |
and 80 days. with six months in de- |
fault of payment.
Charles Smith,-colored; $100 and |
six months.
Jim Thaggard, colored; $500 and
six months.
Charlie Brantley. colored; s1OO and
six months.
Jim Douglas, colored; $25 or ninety
days.
Jack Bryant, colored; 800 and six
Ed Wright, colored; $500 or six
Jake Hope. colored; six months. !
Perry Edwards, colored; $500 and /
six months.
Everett Hays, colored; s1OO and six
Spain Stevenson, colored; s1OO and
six months.
Lee Bagley, colored; 500 or six
/
Lewis Graham. colored; six months.
John Wess, colored; 500 and six
Mabe Phillips, white; 500 or six /
Mabe Phillips, white; $500 or six
months.
Now, my dear Uncle Ben, the above I
is a true report of my stewardship to |
the people in whisky cases for the
past year. In the Mabe Phillips case
he case charged with four offenses
growing out of one and the same
transaction and to speak the truth it
appeared to me that he was really and
truly being imposed upon. He was
not charged with selling liquor, your
statement TO the contrary notwith-
standing. He was charged as follows:
/. Having a still in his possession.
He was tried and convicted on this
charge. The legislature in its wis
dom saw fit to impose a fine for this
crime of not exceeding $500 or six
months. Mabe, for this offense, was
by me fined the full penalty of the
law. The Legislature did not see fit to
allow me to impose both fine and i'm
prisonment for this crime and / must
be guided by the law.
2. He was charged with having
manufactured liquor. He entered a
plea of mole contendere 70 this charge.
He saved the court and the county a
long and tedious trial. He had been
practically fined before for this same
offense. The evidence did not show
him to be awfully bad. A man that
has done the things he has done can
not be such an awful criminal as you
paint him.
3. He was charged with having
moonshine in his possession. He en-
tered plea of nOlo contendere to this
and sentence was suspended.
4. He was charged with having
mash in his possession. He entered
plea of nolo contendere TO this and
sentence was suspended.
All tneSe charges were one and the
same transaction. Many a negro on
the same state of facts has only been
charged with one offense and has been
fined for only one offense.
Just as an incident, take the case of
Lee Bagley, colored man, who was
arrested and pied guilty on March II,
1920, just one month ago. Why did
not you lecture me about this case?
Can it be because ne was a negro
Possibly if your had given me lee
ture about this case. Mabe Phillips
would have received a different fine
and possibly not. Honestly, Mr.. Ben,