The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-02-25
CLOSING THE CONVICT CASE.
THE ARGUMENTS OF THE LAW
YERS NOW UNDER WAY.

Capt. Luck Explains the Failure 10
Keen the Rules Posted at the Bar
tow CamP-The Record of the Tes-
fimony Makes 100000 Words.
Judge AdamsOn opens the ArEu-
ments for the state and RcPudi-
ates the Allegation of Political
Motives.
Atlanta Ga. Feb 24.-The arguments in
the convict Investigation were begun to-
day before Gov. Atkinson after hear
ing the testimony OF one witness, Capt
Luck of Barlow county camp OF Com
pany No. ]. who was put up TO rebut
the testimony Of one Of the states wit
nesses. TO the effect that there were no
rules posted up at his camp. as required
by law. Capt. Luck stated that the
rules were accidentally blown down
Judge W. c. Adamson opened the argu-
ment for the state. speaking an hour and
q half.
Judge John L. Hopkins followed. for
Company No. 2 He spoke nearly three
hours.
Judge Hamilton NJ. c. Whorter. repre-
eenting Col. James NJ. Smith, was the
last speaker Of the day.
Tomorrow Hon. D. W. Meadow, for
Company No. ?. Col. d. W. Ellis and
Burton Smith, for Company No. !. will
argue.
Their speeches will probably consume the
entire day.
n. ]. Hammond will close the argument
for the state.
At the opening of the court to-day the
reporters presented a copy Of the testi-
mony in complete form. The record con-
tained over 10000 words. making two
large volumes.
In opening his argument Judge Adam
son repudiated the charge Of the lessees
that the reports of the legislative commit
tees which brought on the investigation
were inspired by political motives. lie
could not understand what motives ac-
tuated the defendants in charging that
politics were behind the charges. He
knew not what motives actuated the leg
islators in making the charges, but he
knew that they had been made, and the
penitentiery system, whether 1t was good
or evil, had nothing to do with the case.
The question for the governor was Wheth-
or or not the charges had been proven.
Judge Adamson commended that If the
state officials had connived at violations
of the regulations the defense could not
take advantage of the fact. Any such vio-
aatiOn would enguf the sub-Otf1clals IN
guilt with the lessees. If these sub-otfi-
Gals had allowed the evils to exist they
were also guilty of violating the law. He
contended that the governor had the pow
er, If he thought the charges were proven,
10 cancel the lease and fine the lessees.
The failure of Penitentiary Company
No. l to pay the hire for the convicts de-
manded the cancellation of the lease, the
more so since il has been admitted that
the excuse for this is insolvency.
In referring to the water punishment,
Judge Adamson said that the only excuse
that had been offered for il was that it
was less severe than whipping ad-
ministered by Capt. Cox, an artist in that
line. II the punishment was what Capt.
Cox said il was, II was nothing less than
a farce. If il was like others testified
about IL. il was barbarous, and the fact
that Capt. Cox had men examined by
doctor before administering 1t proved that
he regarded it as dangerous. II was true
that not a single convict had been beaten
10 death or drowned in the presence of
the state officials.
Judge Adamson referred to the differ
ence In treatment accorded the convicts
some got coffee, and some got ducked;
some got tobacco, and some got whipped;
some had paradise at Rising Fawm, but
others had purgatory at AleXanderville.
and still others had sheol under Capt.
Cox al Cole City, with a liberal mixture
of water and leather.
Judge Hopkins speech was very lively
at times, especially in his reference to
Principal Physician Bush and the alleged
political motives that inspired the legis-
lative charges. Reading from their re-
port, he said: Il read, your eXcellency, in
this legislative report the following
ment adopted by the superintendent, who.
II seems, is also the whipping boss, is the
most brutal ever inflicted by one human
being upon another. There is a time com
ing when the true history of all people
shall be written The history of the col
ored race as well as the history of the
white race will be written with accu-
racy. The eyes of the historians of the
future will find this report. The legislature
of Georgia, through its authorized com
mittee announces to the civilized world
that Georgia has been tolerating for sew
enteen years, for gold, system of pun
ishment for conVicts, which ought to damn
the state forever and forever, and that
all through these years the state officials
have sworn falsely. Oh. think of it, sir.
the real criminal at your bar to-day is
the state of Georgia Prisoners are half
starved, and on them is inflicted punish
ment greater than was ever inflicted by
one human being upon another. The man
searchinf for truth will condemn that
language as reckless and eXtravaganu.
Think of the cruelties practiced in Spain;
think of the inquisitiOn, think of what
Warren Hastings had to endure in India,
and yet this punishment is greater than
all of them. How could any man have
written such a charge at such a time, at
this time when Georgia is beginning
10 advance? When she is striving
10 bring people within her borders
TO put down lynchings. Oh how could