The Dawson news. (Dawson, Ga.) 1889-current, 1897-08-11
SHEFFIELD SUSTAINS SPENCE
TIN MILLER MUST PAY FINE op
Do TIME.
Ha5.l> Corpus Proceedings in Dawson
Monday. The Court Held Very
Positive Opinions.

Nessrs. Yeomans & Raines, attorneys
or.JIm Miller, the Terrell county CON
vicr who was taken from j. W. Tatum,s
private camp in Worth county and re-
manded to the Terrell county Jail bv
Judge W. n. Spence, have made an eff
fort before Judge Sheffield to secure the
freedom of their client
TIE case is familiar to the readers of
TIE News. Jim Miller was convicted
at the May term of Terrell superior
cour. and sentenced to twelve montas in
the changing. He was hired, with a
batch of several other convicts, by the
officers to j. w. Tatum of Worth county,
Nessrs. YeomanS q Raines brought ba-
beas corpus proceedings befor judge
Spence of the Albany circuit for bis re-
lease, contending that Tatum WIS hold
ing and working the negro In private
Changing contrary to law.
Judge Spence held that INSIDE
meanor convicts, under the laws
of Georgia, must be employed on some
ca.v held, and remanded him to the
custody of Sheriff Christie with orders
that the sentence of the court be enforc-
ed
BEFORE JUDGE SHEFFIELD.
Nil.er's attorneys then instituted ha-
beas corpus proceedings before Judge
Sheffield, who came to Dawson Sunday
afternoon and heard the case Monday
morning, Solicitor Irwin appearing for
the state.
Messrs, Yeomans & Raines. in their
petition, claimed that Miller's fine
had been paid by Tatum, and therefore
he was beng restrained of his liberty H.
legally by Sheriff Christie.
Sheriff Christie, in his answer. de-
MED that he was holding Miller illegal
ly, but that he was holding him as sher-
i1, that Miller, nor anyone for him, had
ever paid the fine; that, as had been the
custom of his predecessors in office and
the custom of the respondent, with i'm
Piled consent and authority, to hire out
such misdemeanor cOnvicts, and acting
as he believed as the agent with the con,
secj Of the county authorities of Terrell
county, and undertaking to carry out the
sentence of the court legally, he turned
over the said Miller to j. w. Tatum,
WON he had every reason tC believe
vas operating a legally organized con-
Wet camp, that the sentence of the court
might be carried out; that on the 10Th
day OF July a writ of habeas corpus was
brought before w. n. Spence, Judge Of
The Albany circuit, by A. NJ. Raines as
attorney for Jim Miller against Tatum
ta- The liberation of Niller and under
an greed statement of facts between
NJ er and iatum a decision was render
.. that Miller was detained Illegally by
I..am and that the prisoner be remand
o. ID respondent So that the sentence of
tie court might be legally carried out;
N said judgment rendered by Spence
iaow in force, and by virtue Of said or
"s- Eespondent held petitioner.
Sheriff Christie was called to the wit
Less stand by The plaintiff to proye that
JIG yonsidered the fine of Miller paid and
,-a. the demands of the law had been
81. SIZED when Miller was turned over to
.a.lm, The sheriff swOre that he was
U2 er the impression when the prisoners
were delivered to Tatum that that gen
.rnan was operating a legalized convict
camp, and that he turned Miller and the
o,-er prisoners over to him as c0nvicts
u serve their sentences.
@I, y. T. McLend0n was then called
!, the stand, and he swore that Tatum
~4d told hun that he paid Miller's fine.
LIS evidence was ruled out
,. This closed the evidence and Colonel
.l.g9mans argued the case for the plant
u, IN short speech, contending that
m-ea a convict is released from jail by
AL oiHcer he cannot again be incarcerat-
Gu, out that the officer is responsible if
'"s .eIease was illegally made
'ae conclusion of Mr.. Yaomaus' ar
5-oynt Judge Sheffield stated that he