The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1954-06-30
JUDGE TELLS MARSH
CONTINUED From Page One)


up.
"But how have you established
value?" he asked Marsh. mo
witness has taken the stand to give
the exact amount of rent charged
for the equipment"
mo Bookkeepers On Jury"
There is not a bookkeeper on
the jury. There is a commercial
fisherman and civil service en-
ployes but no bookkeeper," Judge
Caro- continued. "You haven't
proved dollars and cents and it's
up to you to prove it,
The jury was not in the court
room during the arguments on
the motion.
"The instruments speak for
themselves" Marsh said, indi-
eating the invoices, purchase or
ders, checks and time book.
Kehoes recalled that states wit
nesses testified about the amount
of equipment used but did not say
when. He added that he would like
to pinpoint that time.
lone state Witness" Judge Caro-
said, "said he didn't know if other
equipment was used. He said he
didn't see the other equipment but
he did not say it wasn't there.
Records To Jury
Il will instruct the jury to take
these records and determine how
much was misappropriated. If
they can't, they can't" the Judge
continued. "I'm willing to do any
thing you want"
I'D like few minutes recess"
James McEwen said. He is states
attorney from Tampa who also was
appointed by Acting Governor
Charley E. Johns to probe the
affairs of the Overseas Road and
1OII DIluSc DlStIlCt.
During the recess the prosecu-
ton went into huddle. Besides
Marsh and McEwen, the states
case is being presented by A. C..
Dressler, a Marsh assistant from
Miami, and Bob Youmans, acting
county solicitor here while Allan
B. Cleare, Jr., is ILL.
Meanwhile, the defense attorneys
also had their heads together.
William v. Albury, Enrique Els.
quinaldo, Jr., M. Ignatius Lester,
and Kehoe, of Miami, are defend.
ing Bateman and Cothron.
Cares Comment
After the recess, Judge Caro-
said the proof is so vague, in
definite and uncertain. If you want
me to instruct the juBy to take
those records and do the best they
can, I'll do it."
Marsh said the state. would -ex-
plain the details Of the alleged
theft of toll district funds in "our
arguments" before the sliry;s 4
I've given the prosecution every
break throughout this case,'' Judge
Caro- remarked.
He recalled that the state had
had ID witnesses sworn.
Il thought you were going to
use them ALL" he told Marsh.
Marsh explained that some of
them were to be used for rebuttal
witnesses If the defense put on
witnesses.
The defense did not put on a
witness.
Judge Caro- denied the motion
for election.
Directed Verdict Asked
Kehoe then read a motion for a
directed verdict of acquittal.
His contentious, among others,
were that the state did not prove
its case and that a state witness
prepared the time sheet which
proves the correctness of the in
voices which the state entered
into evidence and which the state
contends are false.
Judge Caro- reserved decision on
the motion for directed verdict.
1.-THE defense rests" Kehoe said.
After the jury was returned to
the box, the summations began at
10:46 am.
1t was agreed that each side
would use one hour in summing
up before the jury.
Timekeeper Testifie$
The principal witness at yester-
day afternoons session was Earl
Dickey, of Marathon, who identi-
fled himself as a timekeeper.
Under questioning by Marsh,
Dickey said he worked on the
job from Greyhound Key to the
North Toll Gate.
He said he kept a record of the
time and loadage, and identified
time book which was put IN evil
dence.
The state contends that this time
book reflects more equipment used
and more time put in than was
actually the case.
Dickey said he worked only on
the east end of the projects fill
job along the highway-and that
Bateman told him what equipment
was working on the west end OF