Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-01-15
ON TRIAL FOR SABBATH BREAKING
Novel Case Occupying Atssntion Of Ten
nessee Court.

1 -
nessee Court.
The case Of RIM. King, the Obion county Ad-
ventist was taken up in thefeder al court in
Memphis yesterday. Attorney General Pickles
having telegraphed that it was impossible for
him to attend, Mr.. W. A. Collier represented
the sheriff Of Obion county. The defendant
was represented by Hon. Don N. Dickinson
and Col. Richardson Of Dyersburg.
Col Richardson opened the case by reading
the petition Of R. NJ. King for a writ of habeas
corpus, setting forth the facts OF his arrest and
conviction for Sabbath breaking, alleging that
he is imprisoned and restrained of his liberty
in violation of the Constitution of the United
states, and especially in violation Of article
OF the fourteenth amendment: mo state shall
make or enforce any law which shall abridge
the privilege or immunities of citizens of the
United States, nor shall any state deprive any
process OF Law, nor deny to any person within
Its the equal protection of the laws
Mr.. w. A. Collier then read the return Of
sheriff Jackson, setting forth that he had
obeyed the writ Of habeas corpus, and giving
as his authority for holding him in custody his
conviction by the circuit court of Sabbath
breaking.
Hon. Don NJ. Dickinson explained that the
contention Of the defense was that King had
not been convicted in accordance with the law
authorizing his conviction, and hence he was
Illegally restrained in violation of the Constitu-
ton OF the United States. The indictment on
which King was arrested then read. 1t
charged the offense of ploughing on Sunday
the repetition of which under common law
made Of it the offense known as a common
nuisance. The petitioners counsel held that
no such statute existed. and that the supreme
court had conjoined the decision without an
opinion being delivered.
T,,Ar H.
jurisdiction to pass on a decision of either the
circuit court or the supreme court. Col.
richardson contended that the Supreme Court
OF the United States gave him such jurisdc-
ton: That If under q mistaken apprehension
OF the law by Judge Swiggart and the supreme
court this man was illegally convicted, and it
could be shown that no such law existed at all.
then this court had jurisdiction TO pass on
whether or not this man was restrained of his
liberty against the law Of the land.
Judge Hammond was in doubt of the propri-
ETY. OF admitting Judge Swiggart's charge, but
after a lengthy argument the charge was read.
The charge instructed that if the jury found
that King had worked at his ordinary occupa-
ton on Sunday, and that the habitual doing 80
shocked the moral sense of the community, he
was guilty OF committing nuisance. The ques-
ton OF disturbing other people by noise smell
or otherwise, the question of religious belief. or
the observance of any other day as a Sabbath
by the defendant, did not enter into the ques-
ton.
THE PRISONER TEsTIFIEs.
H. NJ. King was then called as Witness He
Is young man thirty-four years old, blue eyes
and light mustache. He testified that he was
Seventh Day Adventist, the Baptist, sect that
TOOK the Bible for its holy book, believed in
Jesus Christ and was like other Baptists in all
things except that Saturday was observed as
the Sabbath day. He never worked on that
gay. he admitted that he worked On Sunday.
The only church in the neighborhood was half
a mile from his farm, where he worked.
Excerpts were read also from Attorney Gen.
eral Bonds closing speech to the jury which
convicted King. and in which the most intem-
perate and lnflammable language was used. the
speech being less of argument than an appeal
to the jurys prejudices. He compared the
Adventists to the Mormons, and wanted them
sent to Utah, where they could have as many
wives as they pleased.
Hon. Don NJ. Dickinson spoke Yesterday
afternoon. In opening his argument Judge
Dickinson remarked that he would confine
himself chiefly to his printed brief. He based
his cause upon the fourteenth amendment
where it is provided that no person shall be
deprived OF life. liberty or property without
due process of law. Before the adoption of tins
amendment his client would have had no
recourse TO the federal court. Judge Dickinson
showed that 1t was not only matter of con-
science with an Adventist to rest on Saturday
but also to work six days in the week. 1t was
also the policy Of the country. He held that it
was more immoral to rest two days in the week
than to rest on Saturday and work on Sunday
At this point the court adjourned until
today. The National Religious Liberty Asso-
citation. by whom Judge Dickinson was
engaged. has taken up the case in earnest and
is anxious to get it before the Supreme Court
of the United States. Mr.. c. Eldridge of Battle
Creek, Mich, president of the association. is
attending the trial, and takes great interest il,
it. He says there are $4,000 Adventists in the
United States.