New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-10-31

was put in Jail and afterwards carried on by the
Yankees"
think it proper, in connection with this case. to
call the attention of ACKNOWLEDGEMENT Williams to
the conduct of the United States Commissioners and
Marshas in transferring cases for preliminary exam
nation from the place where the ofense is said to
have been committed where the prisoners live and
where the witnesses on both sides are to be found,
to distant cities In the first place. it increases the
cost of the proceedings TO the United States many
fold, as the whole country will see when the
annual report of the Acknowledgement dis
closes, on the first of December, 1s75 what
the judicial expenses for the Southern
District of Alabama for the current year were. 1t
would not surprise me at all if the AtOrneyGeneral
were to ask for appropriation TO cover dehcien-
cies in his Department. early after the meeting OF
the next session of Congress, and if he does, hope
that body will carefully inquire how the money
used in this judicial district has been spent, and
whether thousands OF dollars have not been paid
for bringing prisoners and witnesses to Mobile when
the preliminary examinations might just as well
have taken place in the county where the arrests
were made.
FURTHER OUTRAGE UPON THE PRISONERS.
But the expense 10 the United States is of compar
atively little Importance when we consider the great
hardship which this practice brings upon those who
or innocence of these men; if they are guilty of
crime there are certain rights which guaranteed
to them by the constitution and laws of the country
if they are innocent. the hardship is much the
greater. The majority of the Sumter County pris-
oners are poor. One hundred dollars is. suppose
more than the majority of them can save IN year;
but 800 will go bnt little way in paying for counsel
here in Mobile and the expenses of bringing half
dozen witnesses here and supporting them for three
or four DAYS. At home ali these expenses would be
comparatively light, and if the prisoners were re-
quired to give bail they could easily find those
among their neighbors who would sign their bonds
Here they are among strangers
This carrying of prisoners long way from home
is not only violation of the Constitutional right of
the citizen but is contrary TO the letter and the
spirit of the Ku-Klux and enforcement laws under
the authority of which the United States officers
pretend to act. The ninth section of the latter act
directs the United States Circuit Courts from time
TO time TO increase the number Of Commissioners so
as to afford a speedy and convenient means for the
arrest and examination of persons charged with
violation of this act" In accordance with this re-
Ouirement Commissioners have been appointed in
almost every county in the Southern States, and IN
the case just concluded here, the warrants were
issued by Commissioner Wayne of Sumter County
but made returnable here.
The only imaginary excuse I can CONCEIVE for
transferring one of these cases would be FIRST,
state of public excitement that would make 1t dan
gerous either for the officers the prisoners 10 have
the examination take place before the nearest Com
missioner second, a strong prejudice on the part OF
the Commissioner that might warp his Judgment
Neither of these conditions exists in Sumter County
Th&re is public excitement there, but II is not OF
charaeter TO place any one in danger. The sympathy
~ ~ - Il . Ae,~o Tho
were arrested at the same time and the United
States soldiers would afford ample protection to the
officers even were there disposition the part Of
the people to nure them. SO too, the Commissioner
had no prejudices that would thwart the ends of
iustice which were not shared by the Commissioner
here Both of them were, no doubt. strongly preju-
diced against the prisoners and either might be de
pended upon TO bind them over II there was the
least evidence TO warrant him in doing so.
THE PRISONERS WELL DEFENDED.
have said that the L. 5 Marshas are responsible
conformity with the L. 5. Commissioners for these
unjust transfers. Technically the Commissioner.
when he issues warrant decides where he VIII
make it returnable; but 1t is a notorious fact that
in the Sumter County cases this matter Is deter
mined by the Marshals the Commissioner simply
making out the warrants rs he is directed to. The
Ku-Klux act, as interpreted by prejudiced Commits
sorelv oppressive and hope that Attorney General
Williams both from motives of economy and of
iustice will personally investigate the manner III
which il has been executed in this State, and take
measures to insure hereafter decent regard by his
representatives for the rights OF the citizen whether
he be guilty of crime is maciously prosecuted on
frivolous charges.
The examination which closed to-day, has been
marked By some incidents which. aside from Us IN
trinsc Importance, have made 1t interesting. The
array of counsel for the defense was probably as
strong as any that has been gathered on any single
case in this state for long time. Among the noted
attorneys present was Col. Percy Walker, known as
the Nestor of criminal lawyers in Mobile. Col.
Walker was a Member of Congress from tins state
before the war. and lis father was the first United
States Senator ever elected in Alabama. He is
brother of the late Judge Walker of the Supreme
Court of this State and also of the Confederate
Secretary of War of the same name. Associated
with Col. Walker were Col. Thomas II. Herndon.
last Democratic candidate for the GOvernOTshp in
this state J. Little Smith, graduate of the Law
School in Paris. and Robert II. Smith, one OF the
most successful criminal LAWYERS of the South.
THE BLOODY RECORD OF DETECTIVE.
Dnring the first dav of the examination great in
terest was excited by the mutual recognition of
Admiral Raphael Semmes, who Is a member of the
Mobile bar and Mr.. Hester, the United States de-
tective who was the complainant. Hester, it turns
ont was for a short time during the war one of the
crew of the Sumter, then commanded by Admiral
Semmes The story as told by the Admiral is as
follows The Sumter having been on cruise and
burned out her boilers put into Gibraltar, the Adj
miral hoping either to get them repaired or re-
placed Finding that there were no shops there, 1t
was impossible 10 get any work done, and IN the
+l,r Eada ypCGpls and block
AIDED the sumter After consulting with Mr.. Mason,
Lilo ,rao then the Confederate agent in London.