The Ocala evening star., 1922-02-17


house.
charged was small matter and the
remark, "The court car give this de-
fendant a small fine, as little as five
cents if he sees fit to do So"
At that juncture, Judge Bullock be-
ing out of the court room, Mr.. Bur-
ford arose and courteously challenged
the accuracy of Mr.. Scofield's state
ment as to the legal penalty. Mr..
Burford declared that the statute
fixes the penalty as Imprisonment and
the court has no alternative of fine.
Instead of even looking up the statute
or requesting another to do it for him,
Mr.. Scofeld answered evasively to the
effect that he thought his statement
correct Again he ridiculed Mr.. Bur-
ford, asking the jury to note his ner-
with Mr.. Burford a long time," he
said, "and | have never seen him so
nervous as he is today" Continuing,
he added, 81 suppose we must make
due allowance for his age and for his
| realization of how bad case he now
has" Having watched the case so
carefully during the entire trial, l felt
sure that Mr.. Scofield's course at
this point was calculated, beyond a
doubt, to prejudice the jury in spite
of the evidence, the statute involved,
and the palpable misstatement of
penalty provided by the statute.
/ felt so keenly the unfairness of
Mr.. Scofield's argument that I men,
toned it to Mr.. Burford and Mr.. r.
B. Bullock while the jury was out con-
sidering its verdict. c. L. Collins.
Sworn to and subscribed before me
this February 14th, 1922.
T. S. Trantham,
| (SeaD Notary Public.
Judge Bullock's Charge
In the Circuit Court of the Fifth Ju.
dicial Circuit, Marion County, State
of Florida. State of Florida, Plant.
iff, VS.. J. W. Akin, Defendant.
This cause came on this day fol
hearing on motion in arrest of judg
ment in above cause and at~the sam,
time on motion for a new trial, ant
both have been argued by attorney
for the defendant and the states at
torney, and have been considered b!
the court.
After the determination of thi
case l learned about the case Of tn
state of Florida VS.. Jernigan, involv
ing substantially the question that
supposed involved in this, as to tn
sufficiency of the indictment in thi
- case, and hopeful that the suprem
/ court would pass upon that case il
time that this court would be able t
/ have the benefit of the views and ex
= pressions of the court in that eas<
: purposely delayed any considerable
I of this case in order to have tha
: event Since that time this case ha
|, been disposed of and referred to b
= counsel this morning, and in so far a
= the motion in arrest of judgment
4 concerned seems to the court to
conclusive against the motion. hav
:, not forgotten that motion to quash Q
t arrest of judgment was made in ths
Y case, but if, as is contended, no Of
,, fense was charged certainly the ST
o preme court would have been derelit
l in duty in passing upon the questio
2. without saying something about it.
L This brings US to the considerable
e of the motion for a new trial, ais
= presented at this time
=. A reference py counsel to ii
h courts attitude in relation to tt
e prosecution of this case and the clio:
a association of the parties involved
n most generous and highly apprecia
II ed, especially under the circumstanc,
e of this case when such expression
1t are so much in contrast with the u
It warranted, and unjustified and cru
y assaults that have: been made upt
ot this court in this case in affidavi
Mt filed in support of this motion, that
p mention them in the first instance.
The affidavit of T. S. Trantham
T, this case seems to me to substantial
Ee state the facts as the court recal
r. them. and / think are practically Il
u courts views.
lg In view of the very slanderous, u
Or warranted assault made upon th
Of court by the Rev. C. L. Collins, re-
to dent Baptist minister, pastor of {
Sc First Baptist church of Ocala, {
- defendant being a deacon in sa
Inn church, am forced to state the faE
: as they actually occurred.
~ Q. When Mr.. Scofield was preser