The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-11-15
TO BRING PRISONERS here.
Judge Speer Will Not Patronize Ma
cons Jail ANY More.

Judge Speer Will Not Patronize Ma
cons Jail ANY More.
In the United States circuit court yester-
day Judge Speer, on motion of District At
torney Erwin, issued the following general
order:
Ordered that all prisoners committed by the
court or its authority at Macon, IN this district.
upon charges Of crimes against the United
States Of America, or sentenced by the court at
that place to terms Of Imprisonment for not
exceeding one year shall, after this date, be
committed or sentenced, as the law may direct
70 the common jail of Chatham county in said
district this order to be of force until the fur
Their order OF the court.
A MORNING NEWS reporter asked District
Attorney Erwin last night why this order
was granted. Mr.. Erwin said that the
necessity for the order arose from the fact
that the government is unwilling to commit
its prisoners to the custody of the Bibb
county jailer, owing to differences between
the courts and the jailer, which have
been in part already made public.
The jailer last summer chained
M by the neck, in a standing position.
federal prisoner, committed to his custody
for safe-keeping, with trace-chain and
padlock, to the grating of his cell, and left
him bv himself for three hours, in such a
position that had he tainted or lost con-
sciousness he would, according to the undis-
puted testimony of two reput able physi-
clans OF Macon, have died froIn strangula-
ton.
1.-THE iailer,n said Mr.. Erwin. was ruled
by the court, as an officer of the court, for
infcting cruel and unusual punishment
upon the prisoner without warrant of either
state or federal law. The jaiIer in his an
swer admitted the fact of claiming, and
avowed that he had adopted that as his
usual mode Of disciplining disorderly pris-
oners, and claimed that he had a right to
do it, and that he was not an officer of the
court subject to be proceeded against by
contempt proceedings.
1.-The matter was argued before the court
after hearing the testimony, and Judge
Speer, after considering the authorities.
held that he was so amenable, and that
what he had done was gross abuse of his
powers, and in order to prevent a recur-
renee of the offense, the court imposed a
fine of $50, to impress upon HIM the serious
nature of his illegal acts but suspended the
collection of the fine indefinitely, with
the belief that the Judgment of the
court would be made simply directory,
and that the jailer would in future
be guided by it. The court held that for
disorderlY conduct the power of the taller
is limited to locking prisoners up in soil
tary confinement and with bread and
water Diet and that where the conduct of
the prisoner is so unrulv as to require him
to be put in irons for the safety Of himself
or Of o her prisoners, that the irons should
be put on in the usual way, and that the
prisoners life should not be endangered.
'Ihe decision" Mr.. Erwin said, seemed
to give considerable offense to the taller
and his counsel, and one of the latter, who
was member of the legislature, introduced
bill which gives the jailer the right, with
out any cause but the exercise of his own
frN 70
mitted by the federal courts 1t was under
stood that the bill was passed in order to
give the jailer of Bibb county the oppor-
tunlty of debating the terms upon which
he would receive federal prisoners, if he re-
csived them at all. The bill was defeated
In the House about two weeks ago, but was
reconsidered, and was finally passed in the
hurry Of the last days Of the session, and,
having been signed by the governor, is now
the law"
Bib county's jailer. Mr.. Erwin said, is
paid considerably more by the United
States for keeping its prisoners than he is
paid by the state for state prisoners, but he
has refused to supply the federal prisoners
with blankets, and although the attorney
general has positively refused to concede
this additional demand, the court, out of
humanity to its prisoners who are now in
Jail, required the marshal to supply them
anyhow until other provisions could be
made.
For these and other reasons" Mr.. Erwin
added, "the government is unwilling to
commit additional prisoners to the custody
OF the jailer of Bibb county. Nor is it, in
my judgment, compatible with the dignity
OF the court to give that jailer the oppor-
tunity of rejecting federal prisoners COM
mitted. So far as the other jails of the
state are concerned, we have had no trouble
OF this sort, and several of the sheriffs of
the state have informed me that they will
gladly receive all prisoners committed to
their jails, and that they have always con-
strued the law to be as laid down in the
decision of the court referred to, and have
acted accordingly. This view of the matter
is taken. by Sheriff Roman, and hence the
order"