Lakeland Evening Telegram Newspaper, June 12, 1915, Page 2

Supreme Court Opinions Tallahassee, June 12—The Su- preme Court has just filed opinions in the following cases: W. C. Tully, plaintiff in error, vs. State of Florida, defendant in error, Leon county. Opinion prepared by Justice Shackelford. There is a wide interest attached to this case in this and adjoining counties. The Tully family is well known and had many connections in these counties. At the fall term of court of Leon county, with Judge Wolfe, formerly of Pensacola, presiding. W. C. Tully Jr., and his cousin, A, E. Tully, were tried for rape. W. C. Tully was convicted of the crime of assault with intent to commit rape, and sen- tenced to the penitentiary for ten years The case against A. E. Tully was continued and was not called for trial at the spring term of the court just closed. In the opinion of the supreme court just handed down, the judgment of the lower court with reference to W. C. Tully is af- firmed and without action on the part of the pardoning board. Tully will have to serve the ten years in the penitentiary. He has been turn- ed over to the sheriff by his bonds- men and is now in jail and commit- ment papers had been made out for his transfer to the state prison a few days ago, but this transfer has been delayed account of application of his attorneys to the governor for a re- spite so as to 2ive them a chance to present their case to the pardoning board before taking the defendant to prison. The opinion of the supreme court is quite a long one, taking up twenty-two legal pages of typewrit- ten matter. Every question raised by the defense is gone into quite fully and various a2uthority to justify the court in overruling the thirty assignments of errors offered by the defense. The first error assigned by the defense in its ~appeal is “The court erred in permitting the wit- ness (the younz woman in the case) to testify over the objections of the defendant as to the conversation be- tween herself and the other girl, such conversation being held in the absence of the defendant.” The court holds that while this testimony was a conversation that took place be- tween the two girls individually, it avas the first testimony offered by the state, and it is thought was admiss- able for the purpose of leading up to substantial subsequent events and rendering them inteligible to the Jury. Most of the other errors offer- ed by the defense is on the ground of the trial court sustaining objec- tions of the state as to certain tes- timony. C. A. Boyette, plaintiff in error, ws. State of Florida, defendant in er- ror, Jackson county. Opinion by Chief Justice Taylor. Boyette was convicted and sentenced for murder in the second degree and brings the judgment here for review on writ of error. The first contention of de- fense is that the trial judge erred in giving to the jury the charge “Where a premeditative design to effect the death of a person killed is essential to the sense of murder in the first degree, as it is in this state, intoxication though voluntary, is relevant evidence to ‘ be considered by the jury as to its effect upon the ability of th accused at the time for the killing to form or entertain such design. 1f the jury find from the evidence, or have a reasonable doubt, that the defendant was so in- toxicated at the time he shot and Kkilled John Cason, as to be incapable of forming such premeditative de- sign. but for such incapacity he would be guilty of murder in the first degree, you cannot find him guilty in the first degree because such design is an essential element of murder in the first degree, but he would be guilty of murder in the second degree.” The contention here is that the jury should have been left free to have found the de- fendant guilty of manslaughter, but that they were precluded from this by the charge, “We think the evi- dence sustains the verdict, and find- ing no error in the record, the judg- ment is sustained.” Emmett Thomas, plaintiff in error, vs. State of Florida, defendant in er- ror, Escambia county. ©Opinion bw Justice Cockrell. The defendant was tried and convicted for the mur- der of Ruby Bares, alias Ruby Ho- gan. and was sentenced to hang, and brings his case here for review on writ of error. The first count of the defense is that the court failed to charge upon circumstantial evidence. This court in its opinion in answer- ing its contention uses the following language: “The court was not re- quested to so charge, and the case does not depend upon circumstantial Post Office Cafe Now Open ) Everything New, Fresh, Clean, Up-to Date Ex-Governor Gilchrist On The War Situation Punta Gorda. Fla., June, 12, 1915. Sometime ago, President Wilson was reported to have stated that he would like to secure the consensus of opinion of the American people concerning certain matters relating to the war. Little drops of wat-r jmake the mighty ocean. 1 am go- ing to drop a drop into this mighty ocean . When the present inter-national rules of war were agreed upon there was no such thing as a submarine. According to such rules, before a boat could be sunk in anger, the crew and passengers were to be tak- en off and conveyed to safety. In this war Great Britain and her al- lies have the absolute control of the seas, so far as numerical superior- ity, battleships and cruisers can | give it. According to the international rules of war neutral nations could ship foodstuffs to other neutral na- tions. If any of our citizens were now to ship foodstuffs say to Hol- land or to Sweden, Great Britain would violate inter-national rules of war by seizing the cargo. She would afterwards make amends for it by paying for it. This would be in contravention of the rights of Amer- ican citizens. Germany has de- clared a submarine war zone around Great Britain. Owing to the very nature of a submarine, it is impos- sible for a submarine to take the crew and passengers off of a mer- chantman before sinking the same. 1f any British merchantman carried several tons of ammunition with which to shoot at the Germans, and were to get two or three American jcitizens to ride on the boat, it would be almost an act of war for a Ger- man submarine to sink that boat, because by so doing these American citizens would be liable to lose their lives. Germany is now fighting for her life. The development of the sub- marine has changed in itself the in- | ternational rules of warfare. If it were not for the possession of Heli- goland by the Germans, it would be absolutely impossible for the Ger- mans to establish a submarine war- fare. Great Britain took this island from the Danes in 1807 and swapped it to the Germans in 1890 for a lot of territory in Africa. The Germans have transferred the Gibraltar of the Mediterranean to this island. At the time Great Britain swapped this to Germany, the building of the Ger- man canal was not thought of by Great Britain, or there would have been no swap. There is some talk about peace. There will be no peace until on or the other parties to the contest is eaten up alive. There is some talk of disarmament. After the war is over, who is going to make Great| Britain turn all her battleships and cruisers into merchantmen and into fishing boats? The British would be fools to do such. Nobody has ever accused them of being fools. The very life of Great Britain depends upon her navy. As long as Great Britain has such preponderance of naval armament, her rivals will try to have large standing armies and will sooner or later attempt to out-) strip her even in naval supremacy. There has been a great deal of talk about hyphenated Americans, meaning German-Americans. If any of us had been naturalized as Brit- ish subjects and the United States was at war, say with Japan, there would not be a man who would not be naturally in sympathy with the !success of the United States. Con- isequemly every German-American is |naturally in sympathy with Ger- many. In the evnt of war between the United States and any other na- tion, all of our citizens would to a man, support the ag. Some one has asked why a hyphen was placed be- tween bird-cage, the answer being, for the bird to sit on. The Germans are certainly one of the most wonderful people in the world. Out of a country naturally poor, they have made one of the most fertile in the world. They are among the first in commerce, agri- culture, mining, manufactures, mu- sic, art, poetry, science and litera- ture and in war. If it were not for Great Britain thney would ere this have had corporal guards in every village in France. They would have eaten up the Russians alive. In my judgment, however, the odds are too much against them. Great Pritain fought Napoleon for about ++ years, never ceasing, finally eiiminating him. Russia is a great country. The Russians are a great- er people than they have been given credit for. The French have re- deemed themselves from the Franco- Grman war of th '70s. The British are a most wonderful people, having for centuries dominated the world from that little bunch of islands. There will be no peace until one or the other parties to the contest is eaten up alive, or has its fangs pulled out, only to grow back again. There is now not as much efficacy in ‘“peace talk” as there is in ‘“‘baby talk” by a feminine gender to a par- rot. As to Mexico: When President Ma- general, Huerta, to quell a revolu- tion, Huerta was guilty of treachery dero called to Mexico Cty, a trusted in taking part with the revolution- ists. Worse, Madero was assassinat- ed, for which most of the United States held Huerta respongible, las ordering it or having gulity knowl- edge of it. Huerta was recogn(zedl by Great Britain and by other na- tions as president. He can control of the navy. He could have obtained all the ammunition he desired. Had | Great Britain or the United States placed an embargo on the shipment of arms to Mexico, Huerta alone could have secured arms. The Car- ranza revolution would have been quelled and quiet would now be in Mexico. All of the United States sympathized with Carranza and en-| dorsed the shipment of arms to Car- ranza. Huerta was eliminated. Vil- la then rebelled against Carranza. Had embargo been placed on Lhe! shipment of arms to Mxico, it is quit probable that Carranza and Vll-| la would have worn themselves out | fighting with sti¢ks. President Wil- gon has stated in a speech that this country will not acquire any more territory. If we force ourselves into being forced to use force in Mexico for thir “bnefit,” it looks to m as if we should go the whole thing, make American citizens of the Mexicans. lThe United States should surely have Lower California. A question once arose in the Roman Senate as to what should be done with the people of a certain conquered territory. A senator said: ‘‘Let us make Romans of them.’ We are truly fortunate having a jingo as president. I feel sure that under the able and pa- triotic administration of President { Wilson that our country will remain lat peace with all the world. | ALBERT W. GILCHRIST. iz rot e o SRS -———— ey evidence.” parts of her body were cut with a razor and her mother testified to see- ing Thomas when he made the last cut just before he jumped out of the window and escaped. We think pre- meditation sufficiently appears and |the judgment is affirmed.” H A. D. Lindsey, plaintiff in error, vs. State of Florida, defendant in er- lror. Opinion by Justice Ellist. Lind- sey was convicted of being a com- mon liquor dealer. The bill of ex ceptions show that the jury not be- ing complete and the regular panel of juronms being exhausted, and the defendant having exhausted his jchallenges, the court ordered the sheriff to complete the panel of said jury by calling bystandrs instanter to serve as jurors on said jury The defendant thereupon moved judge to have a special venire jury box. cites that the defendant stated Ruby’'s throat and olher| the to complete the panel drawn from the The bill of exception re- to record to show prejudice to the de- fendant on the part of th sheriff and the jurors called were not qualified to serve, and the judgment below is affirmed. The City of Jacksonville, plaintiff in error, vs. Rosa Bell Glover, de- fendant in error. Duval county. Opinion by Justice Whitfield. Ed- ward Glover, the husband of the de- fendant in error, was employed by the city of Jacksonville at its electric light plant and by the direction of his employer he was doing work on ‘the top of the main building of the iplfln! and while in the discharge of his duties there, he came in contact rwith a live electric wire and was held by the wire until the current was shut off at the plant, and then he fell from the top of the building to the ground, a distance of about lforty-flve feet, which caused his death, and damages was asked by the judge as grounds of motion that |the plaintiff in the sum of $25,000. on account of his prejudices azainst |On trial she was awarded $8,944.32 the defendant the said sheriff would not select from the bystandersf air or impartial jurors to try his case.” \In its opinion this court made the statement that here is nohing in the Regular Meals 25¢ Special Sunday Dinner 35¢ L] Give us a trial, and we know you will be pleased as damages. The city in one of its assignments of error in its appeal contend that the trial court erred in admitting stated evidence; in refus- ing to direct a verdict for the de- fendant, and in denying a new trial. These contentions are not sustained by this court and the judgment be- low is affirmed. Hardy Webb, plaintiff in error, vs. State of Florida, defendant in error. Jackson county. Opinion by Justice Ellis. Webb was convicted and sen- tenced for obtaining property under false pretense. This judgment is ‘here reversed. Country schools in Washington State are specilaizing in warm lunch- \es. The teachers are trained in household arts and the school lunch is used not only to better the phy- sical condition of the pupils but to teach domestic science. CORTEX OF GURLICK Strange Diagnosis of a Prospec- tive Bridegroom’s Complaint - by a Supposed Doctor. By GEORGE MUNSON. Three months before his marriage Charles Bannon began to put in over- time. This is a phenomenon by no means rare among prospective hus- bands, and is usually viewed indul- gently by their employers, even though it means a double salary at the end of the month. But Bannon’s savings were scanty and the furniture had to be paid for. “Charles, you must positively stop,” declared his flancee, Marian James, when a month's overwork and lack of exercise had showed itself in the young man's pale and trembling hands. “I'm not going to have you kill yourself, dear, for that horrid old furniture. How is that insomnia you were telling me about?” “Pretty bad, Marian,” admitted her lover. “I think I shall go to a doc- tor about it.” “Go to Dr. O'Keefe, answered Ma- rian promptly. “He is the greatest nerve and brain specialist in the city. Esther Carter was telling me how he cured her brother of neurasthenia. Philip Carter was completely unbal- anced until Dr. O'Keefe took him in hand, and now he’s almost rational. And I'm not going to have you become unbalanced,” she pouted, and sea'ed her advice with a kiss. That was how Bannon came to visit the great specialist. He entered the comfortable waiting room in trepida- tion. It was not O'Keefe's regular hour, but the maid thought he would be in shortly. Would he wait? Ban- non walited, turning over the leaves of a six months’ old magazine aimlessly, and gradually becoming convinced that all of his symptoms were aggra- vated ones. Suddenly the doctor ap- peared at the door. . He was quite a young man — much younger than Bannon had expected. But then of course all the great spe- clalists in every branch of work were young men nowadays. O'Keefe was Y “Did He Charge You Anything.” hardly thirty, and he looked exces- sively tired, as though his work had almost unstrung him. “‘Come right in, sir,” he said cheer- fully, and Bannon followed him into his cozy office at the back of the house, where he took a chair and be- gan to describe his symptoms. Dr. O'Keefe listened with his lips pursed and the fingers of his right hand pressed against those of his left. “You say your head aches often?” the doctor asked. ““Yes, right here,” answered the vis- itor, and O'Keefe rose and gently moved his fingers to the spot indi- cated. “A shooting pain—a sort of gyrat- ing pain?” he asked. “Yes,” answered Bannon. anything serious?” O’Keefe sat down, wrote out a pre- scription, and suddenly tore it up. “You are not married?” he asked. “Not yet,” said Bannon, blushing. “I hope to be in March." Dr. O'Keefe arose again and placed a fatherly hand upon the young man’s shoulder. “Go home,” he said, “and write to her that you have changed your mind, and do not want to see her again.” “Why?" said Bannon, feeling his heart leap and then flutter wildly. “Because you can't live three weeks,” answered the specialist. “That pain is Gurlick’s convolution. It means atrophy of the breathing cen- ter. When the cortex is invaded you will drop—just drop. You will know nothing. There is no hope—I may as well be frank with you. You will live not less than 17 days, and not more than 23." Bannon got up and faced the spe- clalistt. He was breathing heavily. “You've got it fizured out accurately, doctor?” he said. “Yes. Banta and Gurlick complied a table of mortality from this rare disease. No, there is no possibility of a mistake. Ten dollars, please— and, my dear fellow, go home and write that letter.” Bannon did not write that letter. It was not that he doubted, but he pre- ferred to die truthfully and not like a liar. He did not think Marian would want to think him disloyal. And, then —famous as O'Keefe undoubtedly was, even the shrewdest doctor some- times erred. So he said nothing, but he went on working overtime, because the time was so short now that noth- Ing mattered very much, “Is it Beware. Beware g0 l6ng as you live of judg- ing people by appearances—La Fon- taine. Phoebe’s Only Chance. Cats at a cat show are not scored on their rat catching records; there fore it would be of no use to enter Phoebe. She'll have to he shown in & steel and wire trap exhibition— Toledo Daily Blade : real emotion of years. So the days crept on; t.haml; went round, the second began, and | ran to its close. He had now from three to nine days to live. Yet the pain seemed an insignificant thing, certainly no worse. It was & mere | headache—surely O'Keefe was wrong! | Sometimes he couid not feel it at all. i And yet, under the cap of the s_hlll i that deadly wasting was continuing, eating away towards the cortex of Gur- lick. Then it would reach it and he | would drop—he would just cease to | “B breathe. The thought of Marian be- | activ SOR U M Sk 0% MO ot | “OPEN A BANK ACCOUNT NOW”, should b -hab::{:lt' ‘T:: :l: ;‘:I: 2'2?1'3 wylt.h titude of all who wish to benefit themselves and improy, ; iness conditions. some triviality. But he could not en- “OPEN A BANK ACCOUNT ‘NOW’ ” with ys S mam oz | FIRST NATIONALBA she watched him with increasing con- C. W. DEEN, President C. M. CLAYTON, Business Improving . *\ B Al il 3 AR Financial reports are more optimistic each week g students of business conditions see MOre Prosperous tip, the near future. The “BUY-A-BALE” movement checked the feg, depression which followed the opening of the war. 7Y IT NOW¢ is stimulating all lines of pyg cern. The third week ended. The twenty- second day went by. On the next Bannon felt better than he had felt for weeks. The time limit was gone, and he still lived. He resolved to have his jest with the doctor. On th ing of the twenty-third day 1S A MEMBER OF THE FEDER h::e'netnt:!hlol house. This time the THIS BANK IS & YSTEM. sitting room was filled. But, hear- RESRVE SYS ing voices in the hall, he peered out, 78 D . and saw O'Keefe talking with a mid- dle-aged, bespectacled, bearded pa- tient, and, suddenly forgetful of the others who should have preceded him, he ran into the hall. “Well, doctor, you're wrong,” he cried to O'Keefe. *“You gave. me not less than 17 days to live, and not more than 23, and the time limit expired this afternoon. You'd better make another diagnosis.” “Will you have the goodness to wait your turn, sir, and sit in the reception room?" asked the bearded man se- verely. “Will you be so kind as to mind your own business, sir?’ returned Bannon, nettled. “My business is with this gentleman here.” The younger man turned round. “I have never, to my knowledge, had any business with you, sir,” he said. “Oh, yes, doctor,” answered Ban- non. “Twenty-three days and five hours ago you set a time limit upon my life, and here I am alive all the same.” The bearded man was smiling now —a cynical, mocking, yet human smile. “I think that I begin to under- stand,” he said. “Good-bye Philip. You'’re certainly cured now.” He turned to Bgnnon. “Won't you come in, sir?” he asked courteously. “I am Doctor O'Keefe.” “You?” stammered Bannon. “Why, that gentleman is Doctor O'Keefe. He examined me three weeks ago and told me I had atrophy of Gurlick’s convolution.” The other clapped him on the back and laughed noisily. “Poor fellow— poor fellow!” he sald. “That's Mr. Carter, a patient of mine. He has been a little irrational, and I suppose he got into my office and played my part. Gurlick’s convolution? Oh, yes, he must just have been reading of t in the ‘Medical Record,’ but it is a disease that only affects sheep in the tropics. I wonder,” he con- tinued thoughtfully, “how many other people Philip has scared. Did he charge you anything?” “Ten dollars,” Bannon replied. “Ah!” sald the other, “that's very promising. I think he must be cured.” (Copyright, 1913, by W. G. Chapman.) AUNT HANNAH'S ONE HOBBY Old Lady, Restricted All Her Life, Meant to Use Her Money as She Liked. After being poor all her life, Aunt Hannah had come into property. It was not much from some people’s standpoint, only $1,000, but from Aunt Hannah's standpoint it was a fortune. Considering previous depriva- tions, she held her head pretty level. Her only extravagance was tele- grams. She sent half a dozen of them every day—great, long telegrams run- ning to as high as 100 words. Their cost began to make inroads even on $1,000. A prospective heir felt con- strained to remonstrate against the needless expense. “If you must telegraph to all those people,” he said, “you ought to try to keep it down to ten words.” Aunt Hannah displayed the first Commencing Thursday June 10th, we will sell r¢ | gardless of make all our Palm Beach Suits az $6.50 Silk Mobhairs That were $12.00 Now $8.50 Straw Hats cut down also This is for CASH ONLY > JOS, LeVAY &= The Home of Hart[Schaffner & Marx Clothi The Financial Crisis O We are ncw in shape to give you the b netit of aur Low hxpenses. Let us wire your Houseand save you monev, Lower Insur ance. Cleanliness and Convenience are the results, T. L. CARDWELL Phore¢ With Lakeland Steet Metal Work “Ten words!” she retorted. “That is just what I will not do. All my life I have been restricted to ten-word telegrams. I have never sent many, for people as poor as I have always been have nobody to telegraph to nor nothing to telegraph about, but when- ever I did telegraph I had to do it In ten words. The meanness of it was awful. T ached to add just two or three words, but I couldn't afford it. [ en- vied the rich their telegrams. T often read them in the newspapers, those In divorce suits and breach-of-promise cases in particular. Telegrams as long as a letter those people sent. I'd have been willing to figure in a law- suit just to send one of them. I am rich ‘now, middling, so I telegraph. Don't argue that it's silly. Maybe it is, but it is harmless.” % : SELPPREDPPPPOBITRIB DI S0 BE bn T3 T S BB O 2ELFCTRIC Eoma: Pacific Island to College. The University of Minnesota has been offered a ten-acre tract on Cy- press island in the Pacific ocean, 50 miles from Seattle, and buildings for use as a marine biological laboratory. The alumni of the university resid- ing in Washington have made the of- fer, which is not yet a formal one. The alumni also propose to give to the uni. wversity, besides the landings and build- ings, whatever minor additions are necessary to maintain the station, and to give the university three or pos- sibly more scholarships to assist stu- dents desiring to take advanced work in blology at the marine station. In case the offer cannot be accepted now it will remain open for three years. Flashlights Batteries Lamps Auto Accessories We sell Quality goods FLORIDAELECTRIC & MACHINER! THE ELECTRIC STORE Phone 46 Kibler Hotel E mmELECTRIC ELECTRIC g More Older People Employed. Fewer people under twenty and more people over forty-five are now em- ployed in various industries than was the case ten vears ago. = l’—,/ Daily Thought. Ninetenths of the good that is done in the world is the result not o. laws, Rowever wise, or of resolutions how- ever strong, but of the personal influ- ence of individual men and *omen.— 8ir Samuel Chisholm. — — Yes, Why! Why is it that the last Immune From Many Diseases. Men attending the pans in salt works are generally supposed to be great are so much wiser exempt from cholera, small, scar = let fever and influenza. o :::n.:: o