The Dawson news. (Dawson, Ga.) 1889-current, 1897-07-21
CAN CONNECTS BE WORKED
IN PRIVATE CAMPS 2
AN IMPORTANT QUESTION PEND
ING BEFORE JUDGE SPENCE.
Proceedings to Release a Terrell
County Convict on Writ of
HabeaS Corpus.

Jim Miller was convicted of carrying
concealed weapons at the May term of
Terrell superior court aud sentenced to
serve twelve months in the changing or
pay a fine of $50. Miller could not nav
the fine and, as is the custom in Georgia
when a misdemeanor convict can't raise
the amount of the fine, he was hired out
or sold for so much per month.
Miller was hired by the officials to
J. W Tatum, who operates a turpentine
farm in Worth county with convicts OH
tanned in this manner. Mr.. Tatum. if
seems, has no convict camp that is au-
th0rized by the state, his being private
changing, and out of this has grown an
important legal question and one that
may revOlutionize the convict question
in Georgia so far as it relates to misde-
meanOr criminals.
On the 2lst of June Miller escaped from
Tatum's camp, and reward of $50 was
offered for his capture. A few DAYS af-
forwards he appeared at the farm of Mr..
j. T. MCLendOn N the southern part of
Terrell county and surrendered to that
gentleman, telling him to return him to
the changing or not, as he thought best
The negro having voluntarily placed him
self in the hands of Mr.. McLendon that
gentleman was undecided upon what
course to pursue, and came to Dawson
and consulted the law firm of YeOmans
d Raines. 1t was agreed at this consul
tatiOn to return Miller to Tatum's camp,
claim the $50 reward, pay his fine with
IT and secure his release. Accordingly
M5ssTs. McLendOn and Raines left for
Worth county with the negro and turned
him over to Tatum, who promptly paid
the reward of $50. When the $50 was
rendered Tatum, however, in payment
OF Miller's fine he refused to accept il
and Messrs. McLendOn and Raines re-
turned to Dawson, leaving Miller in the
Changing.
Upon returning home Mr. McLendon
employed YeOmans & Raines To secure
the release of Miller, and they instituted
1aoeaS corpus proceedings before Judge
W. n. Spence of the ALBANY circuit. DR..
hanes going to Camilla Friday to present
the petition. The hearing was set for
Monday at Albany, but the defendant
failed to appear with the prisoner.
'A'SC DfOuC6 ST. lu6 case LOT argument
again tomorrow at Camilla, and issued
an order requiring Tatum to show why
LIE was not present with Miller. An or
der was also issued requiring the sheriff
OF Worth county to appear and show
why he did not have Tatum and Miller
IN court.
The contentious of the attorneys for
The negro are: That j. W. Tatum has no
convict camp authorized by law for the
working of misdemanor COnvicts: that if
he has convict camp authorized by law
he is not working them upon the public
works of the county as the law directs:
that the fine of Jim Miller had been paid
and he, therefore, ought to be set free {;
that the ordinary, county judge or coun-
ty commissioners alone have the power
E hire out misdemeanOr cOnvicts, and
they are restricted to the public works
OF some county.
Most of the pay attached to the Offices
OF soliCitOr-general, sheriff and clerk of
court comes through the sale of misde-
meanor convicts, and the case pow before
Judge Spence is an important one to
these officers throughout the state.