The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1922-11-21
JURY IN Cats
CASE OUT ONLY
nine MINUTES
Judge Sheppard Order
edNight Session; Gov
ernment May Aban-
don Second Count.

Sidney ], Cats, former Flor
ida governor, was acquitted by
jury in the United States dis
trict court last night at 1881
O'Clock of a charge of peOnagc.
The jury was out only nine
minutes.
A motion for a directed YER
dict had been 0verruled. The
trial had occupied the court all
day and when it became ap-
parent shortly before the time
for the usual adjournment late
in the day that the defense could
introduce the greater part if not
all of its testimony in d few
hours Judge Sheppard ordered a
night session.
Arguments Are Waived
At 1870 o'clock the defense mad pro-
gressed so far that it placed Mr.. Cats
upon the stand. His testimony was not
lengthy and Introduction o. yobuttal Wit
neSses by the government occupied only
a few minutes. and both sides waived
argument. The court then surprised Coun-
sci and the spectators by stating that
since the jury was anxious u finish the
trial he would charge II Immediately.
Earlier in the evening he had stated from
the bench that he could hardly deliver
the charge before tomorrow.
The charge occupied about - minutes
and the jury retired ~ 1I:25 c'clocS,- re-
turning nine minutes later and rendering
its verdict of acquittal, -.... .---.
frfa
ing Mr.. Cats with having held IN state
of peonage Il negro named John Henry
Rogers An identical Indictment relating
to one Ed Brown is pending but IL WAS
expected District Attorney Cubhoriy
would move tomorrow that It be nolle
pressed.
Negroes Testimony Features
The testimony OF Rogers was the out
stanoing feature Of the evidence offered
by the governmcnt ut during the afternoon
session.
The negro, who was sentenced to life
Imprisonment al Eissimmcc IS y-a!s ago
at the age cf is for III" .nuYdey az an
other negro during a gambling row. t"sti-
fled that upon bcins given q conditional
pardon in December 1920, he M Gov
ernor Cats at Sandcraon. whcrr =" had
been working with \ road gang. fow
minutes after his formal IcIcas". TIL"
governor told him, the negro said. that
when YOU make a var yoUu he free
Asked by Assistant District Attorncl
Hoffman what he meant by making 81
year" the negro replied "a yoaT on th'
Cats farm lie latcr explained tha-
the year was to be made in Payment fog
the pardon issued to him.
d. T. Howell, OF the naval stores firm,
Of Brinson. Ewing and Howell. at S1u-
derson became Interested in IN. ncZr,'.
and arranged. Mr.. Howei, testified r. ply
the usual attorneys fec FOR Rogers in an
effort TO obtain Il pardon. Rogers, ~.
HoWc' testified w2s 10 repay the firm
either in cash o. iIbpr. whirh ev"r wouH
he most convenient If he WAS sIecre.f3l
IN obtamns pardon. Tn" firm pai1 :h.
fee, Rogers vas ;ardoucd. and thcn. 1r-
cording 70 Howell, the negro went t. tn"
Cats plantation instead Of reporting to
him. Howell communicated with IT," gov
crnor who informed him that he would
give his personal mote for $50 at cieh;
percent interest and pay Il AS tho negro
earned II on the plantation.
Immediately to DeFuriak.
Rogers and I'd Brown. who tho govern
ment in another Indictment Charge Mr..
Cats also held in n state OF peouagc,
were released from the prison camp the
same day and went from Sander@on TO
DeFunliak Springs. s y. Townsell. in
charge of the plantation. having gone
to Sanderson to arrange for their trans
portation. The negroes made the Journey
In the second class coach while Towr sell
was in another car on the train and
Rogers testified he die not see T0wnsell
until just before the train arrived at De
Funiak Springs. eight or nire hours later.
The governor came TO the plantation
several days later. Rogers testified. and
told him that the firm which Rogers
owed $50 was pressing him (Catts) for it
The governor offered a contract in du-
olicate providing that Rogers would re-
main on the plantation and work until
/. 1922. and continue TO do so
thereafter until the $50 and interest had
Continued an