The Daytona daily news. [volume] (Daytona, Fla.) 1903-1926, 1922-02-14

I ehSreed with trespass in connection
4 nlfh the writing OF Boyd X. X. X.
- the glass doors of the Volusia
sc0&nty Bank and Trust Company.
Whfch Il. H. Boyd is cashier. when the
m Klux Khan held its parade here
fuesday night. February I. Was ac
emjtted Of the charge by jury in Jus
- Of the Peace n B. Montreyi lille 5
aoart here yesterday afternoon.
The warrant charging sshacklett
nth the offense was sworn out by Mr..
Doyd, and the case went to trial at 10
o'clock yesterday morning. the attend.
nnee being so large that the case was
Md in the circuit court room.
The state was represented b. K $
lfott, assistant states attorney. ant.
1ohn T. Peacock IS esnnse. TO the
hank. The defendant IVES represented
- Attorney Pert Fish
Al the opening Of the caring conn.
eel for the state danarigd a trial hy
iury. citing the law to III effect that
4 Jury trial is mandatory n eases IL
yolyipg questions OF fact when heard
Il ! Justice court Attorney Fish. wniia
mt seriously opposing q Jury trial.
held that the state could not demand 4
i,nrv trial, that that was the praroga-
five Of the defendant. who vas not
asking a jury trial. The court held that
the case should he tried BY jury AMI
the following were chosen to serve al
ter two or three had bean excused be-
cause of previous jury service WITHIN
the last twelve months: J. ] Tillis. ST.
+. H. Hord vii Turner. J b Odnrl
Charley Tate and J Z. Nercoe.
The first witness called by the state
vas ". E. Robinson Of DeLani pro-
prjetor of lunch roorl Robinson tes-
fifed that on the rigilt of the Khan
parade he saw Shaeklet. sitting on the
stems OF the VoIusia County Bank
about 7:30 O'Clock. He said he also
saw two other men standing in q
doorway across the street and thought
Shacklett was watching ,hcr.
Il thought | might see some fun.
Robinson said, so | hung around
awhile There was another fellow
named Crook with me Directly the
two men across the street went aUay.
Then Shacklett got up and went IN 70
the doors Of the bank. | passed along
BY the bank then and he was eithal.
putting something on the doors or tax
Ing something of didn't know
which | spoke II him and he spoke t.
me- and | went On down he Stfest
Robinson created much amusement
IN the court when he said that whom
he saw the words RoKd- X X i
on the doors ct the hank h. thought
ShackIett put them there and haIiev.
ed he had found ont who one of them
was" and added that now he isn't -
sure whether he knows one af them or
not.
On cross exam nation Robinson 7aid
he didn't knox uherher the defan'sant
nut the words en- the bHnk doors O.
not and that he hadn't Noticed wAeth-
e. they were there when he first pas
sed NJ.
Tx Miner. Jr Of Hickory. y. O.
whq said he was nrieklarot AMI II
he hxd been III IsaIand about enc
modfh. Fas the next wttness for ti'F
statk Mflrier said he was ono If the
two! men referred to hv Robinson a.
hsviug been standing In = daorwas
across the street the night Shacklefi
vas seen sitting on the bank steps
liiluar said he is not personally nc
quatnted with s,',ackletf hat that Il.
man he saw IN the bank steps fesis
bled the defend mt That E4S fAle *
tent of his testimony and be vas sN
cused
The state rex; eslls1 ~ E0s
the stand AEr Boei testified S gA
similarity OF the ist.er n the :
nature Of Shaekieit aud II tn Rli =
on the bank doors IL sa8. flla- As II
expert in Handwriting lse eaaii sft
positively that the writing ~a~ i q
nv the sane III n NJ RaT4 f#sfts