The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-02-27
LESSEES UNDER THE LASH.
COL. HAMMOND CLAIMS CRUELTY
Is CLEARLY PROVEN.

The Counsel Also Maintains That
violation of the Law in Many Re-
spects Has Been shown Beyond
Successful Contradiction The
Death of BivinES Attributed To the
whipping He Received-The Claim
That He Died in the Hospital De-
MED.
Atlanta. Ga. Feb. 2s.-In the trial OF the
penitentlary Iessees. Capt ". d. Ellis
made the concluding speech for the Geor-
gia Mining. Manufacturing and Invest
ment Company this morning.
He was followed by Col y. J. Ham
mond. who represents the state. Col
Hammond was speaking at O'Clock, when
the court adjourned, and VIII conclude
tomorrow. Col Hammoud's speech had
been looked forward 10 as the culminat-
ing point Of interest in the investigation,
and in his arraigument Of the lessees,
he made a mastery argument, reviewing
the specified acts of violation of the lease
act.
He said that under the law the lessees
are required TO capture prisoners who
escape and have them presentd to the
courts, the penalty prescribed for escapes
being a punishment of four years in the
penitentiary. This law had been violated,
as there was no record Of convicts being
presented to the courts, but they were
whipped by the lessees when recaptured
after escape.
The law provides that there should be
hospital at every camp, as well as guard
house. This guard house was Intended TO
be used for unruly men. There were
times when it was badly needed. Under
the evidence the law had been violated,
as no record is shown of guard houses,
and at many camps there were no hosp-
tails. The convicts under the law should
not be sub-let, and if they were the gov
ernor shall proceed to Vacate the lease
and to fine the lessees $500 for each lease.
The law said in distinct terms that there
should be no trustees and no guards VINO
we're convicts, a law which had
been violated. Under that law the con-
tracts with companies, one, two and three
were made, while the evidence shows that
these companies have farmed out convicts
The law requiring the rules to be framed
and hung up had been violated. The law
required implicit obedience from the les
sees, but il was clearly shown that this
section of the law was openly dened ana
regarded as a farce.
Col Hammond said that at Col James
NJ Smiths camp the law had been Vio-
lated by having bontires in the buildings,
and by having convicts cruelty whipped.
Taking up the case of the convict Sam
Bivings. who was said to have been whip
ped to death. he said that the camp ply
stefan at Coal City reported Bivings IN
the hospital on Feb. and dead with APP
pendicitis on Feb. Z. This is the record
as furnished by the books. The evidence
shows a far different state of affairs. 1t
shows that Bivings never saw the hospi-
tai, although the officials had been told
that they would have a dead negro on
their hands if he was not sent to the
hospital. The physician in the employ
of the company had not reported this
but report was made that he died in the
hospital. under a physicians care. Smith,
the witness. testified that Bivings was
whipped the day before he died. He saw
him carried into the place where men were
generally carried to be whipped. He heard
the sound of the lash and it was common
talk that Bivings had been whipped.
There was no denial made of this and no
report was ever made of the whipping.
The defense. said Col. Hammond, made
much of the low death rate that prevailed
in the camps and compared it to the rate
in Atlanta and other cities. He called at
tention to the fact that the largest num-
Der of deaths in the cities occurred among
children, but in the convict camps no one
could go until beyond the age of II, while
many who We're too sick to work were
pardoned out to die.