The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-02-22
TREATMENT OF THE CoNvICTS.
THE TAKING OF TESTIMONY JUST
COMPLETED.


pany-A Free LabOrer Testifies
That the Whippings at Cole City
Were UnmercIfuI-The Savannah
ex-Convict Again Put on the Wit
ness stand.
Atlanta, Ca, Feb. 21.-The taking OF tes-
timOny in the convict investigation was
concluded this afternoon. Argument will
not be commenced. however, until next
Monday. There will be four speeches for
the lessees, and two for the state, and
the prospect, as outlined by the attorneys
this afternoon, is that these speeches will
cover at least two days. Some of them
wanted a week in which to go over the
testimony before beginning the argu-
ments land there was quite a controversy
on this point.
Col. Hammond for the state, especially
desired time to read the record. which is
probably the most voluminous in any
case ever heard in the state, on account
of the number Of witnesses examined and
the huge mass of documents introduced.
The states attorneys believe that they
have made out case against the lessees
under the charges of the legislative com
mittees. one significant fact in the line
of the defense is that great stress has
been put upon the financial embarrass-
ment of the Georgia mining, Manufactur-
ing and Investment Company, which oper-
ated the convicts of Company No at
the time the convicts are alleged to have
been subjected to starvation rations and
made to go without sufficient clothing
The state cannot. of course, make any
allowances for the infraction Of
the lease contract on account
OF the financial inability of the
lessees to carry IT out and the TACT that
this has been strongly urged as a mitigate
ing circumstance b. regarded as pract-
cal admission by the attorneys OF Com
pany No. l. that they anticipate the unpo-
The Georgia Mining, Manufacturing and
Investment Company is now In the hands
of receiver, declared TO be insolvent, ana
running behind in operating expenses AT
the present time and on this account those
who have watched the Investigation close
ly, advance the prediction that II the gov
ernor finds that the charges have been sus-
tained against that company, forfeiture
of the lease contract may result Under
an act passed by the last general assem-
bly, If the lessees should fail TO pay any
penalty imposed upon them the governor
can forfeit the lease and release the con-
victs for the balance OF the derm. Hereto
fore this could not have been done. The
management of the Cole City camps,
which are under Company No. ], received
some hard blows from the witnesses put
up by the state in rebuttal to-day.
M. v. Estes, free laborer there, was
the first witness, testified that the whip
pings at Cole City We're unmerciful,
Preston Collins a negro who, in De-
| cefnber, IS9l, szyas-sent 40 the penitentiary
for larceny and spent four years and one
month at Rattlesnake camp, said he was
badly treated. He was whipped a num-
Der of times and was also given the wa
| ter treatment When "ducked" he was
laid on his back and Capt. Cox sat IN
chair by his side. Capt. Cox took quart
| can and poured water into his mouth and
nostrils. After each cupful Capt Cox
i al afF
What sc Song would he sing?" asked Col.
"ohi / iub Jesus"
Collins said the punishment was very
| painful, but he could not tell the capital
to stop. The water prevented his speak
ing His head was held firmly so that he
men laughed after they had received pun
ishment the witness replied, Yes, as they
were forced TO laugh, for IL they didn't
they would be whipped" He was suffer
| ing intensely, but he was forced to laugh.
| For weeks afterwards the witness SAID ne
! had a "mizry' under his shoulder,
| but had to work just the same. The men
would often come out of the mine
| with wet clothes, which would freeze stiff
| before the building was reached. They
were allowed to stand around the stove
to dry until O'clock but If they were not
| dry by that time they had to go to bed
| in their wet clothes.
on cross examination the witness was
| pressed as to the men laughing when they
/ had been watered and whipped. and asked
I
| ''Wel If a man didn't laugh when he
| fust got whipped he be sure laugh wen
dey got thoo wild him the second time"
Collins then told how Capt. Cox had
| made Rev. Jasper Holmes, preacher
from Chatham county, dance after he had
| been "watered.'
| vannah, was put upon the stand again TO-
| day. Last week Smith testified in the
garb of a convict. To-day he appeared in
| citizens clothes, owing to the pardon
| granted to him by Gov. Atkinson. He
| acknowledged that he wrote a letter to
lady in Texas, and had Travelled in Texas
under the name of Clark. Smith signed
| the name of Clark to the letter, and that
was the reason, he got one of the guards
to mail it instead of allowing Il TO go
! through the regular channel. One day
| he said Capt. Cox sent for him to come to
his office. He told Smith it was generally
rumored that he was writing a 5000 novel
| in which he was going to give the captain
| h. The reply which Smith says he made
was that he was not going to write a
novel, but book giving history Of the
| lease system in Georgia and some of his
own ideas on reforming prisoners. Capt.
Cox advised him to go home to his wife,
and leave the lease system alone, that 1t
was the d--st problem he had ever tried
to solve.
Controller General w. A. Wright testi-
| fed in regard to the amount due the state
| by Penitentiary Company No. l. The
amounts due for the years 1894 and 1895,
aggregate about $4,000 This is now in
the hands of the attorney general for col
lection.
Col Hammond introduced in rebuttal,
portions of the penitcntiary reports of diff
| ferent states. These reports were presented
by Company No. ! to show that the death
rate at the camp was comparatively small
and that the ducking system was not in
human punishment Col. Hammond will
attempt to show that these reports are
capable of being interpreted quite differ
emily.
G. H. Heeden, a merchant of Barlow
county, was called by the state. He was
present with DR.. Battle when the bedding
Of the convicts at the Barlow county
camp was examined. Mr.. Hedden asked
Can't Jack Luck to show him the regula-
tons 1t took about half an hour to
find the rules. They were not posted up
as required by law. Some of the beds
were not fit for hogs, he said.
Even Wade Hampton, with the aid OF
a crutch -4d a walking stick, hoped up
~ tie witness chair Wade is a mulatto,
/ Is years of age. He was sent UP from
Fulton county for burglary. He has bur
one leg. The other one was cut off by a
car at the coal mines. He was unhitcn-
ing mules from the car under instruc-
tions from the driver at the time. Wade
was whipped twice. Capt. Cox whipped
him. The whippings were right hard and
hurt him. He was not ducked. He thought
treatment of the convicts good when ask
Al. IL