The Ocala evening star., 1922-02-17
IN THE CIRCUIT COURT


In the circuit court Wednesday, be-
fore sentence was passed on j. w.
Akin, the following affidavit was read
by defendants counsel:
Affidavit of c. L. Collins
In the Circuit Court of the Fifth Ju-
dicial Circuit, of the State of Flor
ida, in and for Marion County.
State of Florida VS.. ]. w. Akin.
State of Florida,
Marion County.
C.. L. Collins, being duly sworn, on
oath deposes and says that, on the
sixth and seventh days of January,
A. d. 1922, he was in the circuit court
room in Ocala, Florida, during the en-
tire time of the trial of J. w. Akin
on an indictment for forgery, except
for a few minutes during the cross
examination of Mr.. Akin by the
states attorney. Aside from that
brief part of the trial, heard and
followed carefully the entire trial
from the selection of the jury to the
returning of the jury's verdict. l was
not connected with the case in any
way but felt a very keen interest
therein and, therefore, gave very
careful heed to the entire proceedings.
| heard both arguments of George
W. Scofeld, the states attorney, as
well as the argument of R. A. Bur-
fnI nf
the time-I might say, most of the
time-that the states attorney was
addressing the jury in his closing
argument, Judge Bullock was not on
the bench nor in the court room
proper, he having retired through the
door leading to his private Office.
Inoted that, in his first address to
the jury, Mr.. Scofield confined his re-
marks strictly to a discussion of the
evidence offered by witnesses In his
concluding argument, however, he did
not keep so close to the testimony
On two occasions-the judge being
out of the court room, so that counsel
for Mr.. Akin could not appeal to him
for fair play-Mr. Scofeld made such
statements to the jury that Mr.. Bur
ford arose and, in courteous manner
entreated Mr.. Scofield to make certain
corrections. In both instances Mr.
Scofeld replied to the courteous and
gentlemanly representations of Mr.
Burford in tones and terms of ridicult
and sarcasm. In each case, Mr.. Bur
ford's request for correction by Mr.
Scofeld was based on the former:
plain statement that the latter's rep
reservations to the jury were untrue.
Referring to entries on certain war
rants that had been offered in evi
dence, Mr. Burford stated that evi
dence presented during the trial ha'
established an entirely different sig
nificance than that which Mr.. Scofiel
stated to the jury. Mr.. Scofeld's re
joinder was substantially as follows
"You see how he interrupted me.
did not interrupt him during his argu
ment." To which Mr.. Burford replied
substantially, Neither will I inter
rupt. you, sir, except when your state
ments to the jury are untrue an
these statements are untrue"
Toward the close of his argument
the Judge still being out of the coul
room, Mr.. Scofield spoke substantial
as follows: Gentlemen of the jury
it is not pleasant task for me t
prosecute Mr.. Akin on this charge
am doing it as a matter of dut.
What would you think of me if
were not to prosecute case hk
this? presume will make more en-,
mics than friends in trying this cas-
But it is a matter of conscience wit
me. 1t has reached my ears that som
are saying this case has reached
stage of prosecuting rather tha
prosecuting Mr.. Akin. / want to tie
you gentlemen that this is only or
of several cases now pending again
this defendant. Whether you convi
him or not, do not expect to try ar
more of these cases. But if you do n
find a verdict against this defenda
in this case, 1 may as well throw t
my job and go home"
Holding before the jury a pape
said to be the warrant alleged to ha
been forged by the defendant, N
Scofield spoke, in substance, as fl
lows: "You gentlemen have nothil
to do with the matter of penalty
this offense if you return a verdict
guilty" Then followed statements
show to the jury that the often