The Saint Paul globe., 1897-09-25
JUDGE M,CAFFERTY WILL GO TO
PRESIDENT M'KINLEY RE-
QUESTING A PARDON
FOR SALTWATER CoNvIcTs
SERVING SENTENCE ILLEGALLY
IMPOSED FOR MoONsHINING
DOWN IN ALABAMA.
COURT REFUSES HABEAs CORPUS.
ident or Supreme COurt-An
Interesting Story.

Within a week five federal prisoners
confined in the Saltwater penitentiary
will petition President Mci[ii lcy tor
their freedom through Attorney James
]. McCafferty, of this city. They are
Lorenzo Phillips, John Parker, Edward
Bannister, Turner Bannistar ind Squire
Font. all of whom are serving O five
years sentence. In addition to which
is a fine of $500. for "moonshinfng" in
Alabama. Around their case there IS
woven very interesting story of Illicit
distilling of spirits, which develops I'm
usual court proceedings.
In May, 1893, these men, together
with several other parties, were ar
rested by United States deputy mar
shals in quiet retreat in Cleburne
county, Alabama, on the charge of run
ming an illicit still. The gang was reg
ularly indicted by grand jury, and
on an information filed by The federal
district attorney they were tried In the
United States district court for the
southern division of the Northern dis
trict of Alabama, and convicted of
"moonshining." They were all SEN
fenced to the Saltwater penitentiary
for five years, in addition to which
each was ordered to pay fine OF $500.
The members of the gang, with the
exception of the five men in the Min
nesota prison were financially able to
carry their cases up to the United
States supreme court and did SO, Sc
curing a stay Of their commitment. The
others were duly committed on July go
following their arrest, and brought to
the penitentiary.
Judgment was reversed by the SUI
preme court in the cases appealed to
that tribunal and the convicted pris-
onerS whom this hearing directly con-
cerned were ordered to be released
from custody on the ground that the
indictment under which they were
tried was faulty in that it did not
state that the accused moonshiners
had "committed a public offense." The
indictment had been drawn under Sec
tion 5406 of the revised statutes of the
United States, in which it is clearly
stated that the allegations must show
this fact for conviction. This ruling
disposed of the appealed cases, but up
mere In the saltwater prison were the
other five men doing time" under con-
viction on the same information that
the supreme court had declared to be
, illegal. They had not the money to
take an appeal nor were their friends
able to assist them to liberty So they
remained in, stripes without hope of re-
lief until recently, when incidentally
their cases were brought to the atten-
ton of Gov. Smith, of Alabama. That
executive interested himself in the
matter, and after investigation he de-
cided to take action in behalf of the
conv1cts. They yet had something like
year and one-lalf to serve, together
with thirty days more for the $500 fine.
Gov Smith communicated with
Judge McCafferty through a friend Of
his, who is also a lawyer, asking that
gentleman to make an effort to secure
the release Of the prisoners through
habeas corpus proceedings, and in ac-
cordance with this request the st. Paul
attorney appeared before Judge Will,
lam Lochren, of the United States dis
tr.ct court yesterday, with the follow
ing petition:
ed States District Court Within and for the
District of Minnesota: Respectfully repre-
sents the petition of Lorenzo Phillips, John
Parker, Edward BannfSteT, Turner Bannister-
and Squire Font, all of CIeburne county, in
the state Of Alabama, that they are restrained
and imprisoned of their liberty by Henry
Wolfer, ESQ.,, warden of the Minnesota state
prison at Saltwater in the state of Mime
Parker, Edward Bannister, Turner Bannister
and Squire Font are not committed or de-
tanned by virtue of the final judgment or
decree of any competent tribunal of civil or
criminal jurisdiction, or by virtue of an exc
cution issued upon such judgment or de-
cree. That the cause or pretense of such
confinement or retraint. according to the
knowledge and belief of your petitioners is
that your petitioners are he'd by the said
Henry Woffer, warden aforesaid, by virtue
of an alleged commitment issued by the dis
4,ta -
southern district of the Northern district of
Alabama. on the 29th day CT July, 1893, and
that said commitment was unlawfully issued
and Illegal, and issued contrary to law, as
your petitioners advised by their coun-
sci and verify believe, a copy Of which COM
mitment in the case of Lorenzo Phillips be-
ing hereto annexed and marked Exhibit A.
And your petitioners further show that the
commitment in each case of your petitioners
is identical with the exception of the name.
And your petitioners further show that
certified copy of the indictment found by the
grand jurors of the United States for said
southern division of the Northern district of
Alabama, and upon which your petitioners
were tried and convicted. is also hereto an
certified under the seal of said court.
Your petitioners further pray that a writ
of habeas corpus may issue directing the
said Henry Wolfer, Esq, warden of the Min
nesota state prison aforesaid, commanding
him that he have the bodies of the said Lor-
EMO Phillips. John Parker, Edward Bannis
ter, turner BannlSter and squire F0nt Dy
him imprisoned and detained. together with
the time and scause of such imprisonment
and detention before Hon. William Lochren,
Judge of the dctrict court Of the United
States, to do and receive what shall then
and there be considered concerning the said
Lorenzo Phillips, john Parker Edward Ban
nster. Turner Bannister and Squire Font, in
pursuance of the statute in such case pro-
vided.
Dated this oath day of September, 1897.
Lorenzo Phillips.
John Parker.
Edward Bannister.
Turner Bannister.
Squire Font.
In his argument to the court Mr.
McCafferty gave the history Of the
trial OF petitioners and produced evil
dence which showed the supreme
courts disposition of the other cases.
Judge Lochren listened attentively to
the lawyers argument in support of
the writ and then he denied the appli-
cation on the ground that a higher
court than his already had made final
disposition of the questions involved
and that it was not in his power to
deal with the case. He advised Mr..
McCafferty that there were two ave-
nues for relief opened to petitioners.
He fully realized that the Saltwater
prisoners were serving sentence
which had been illegally imposed, but
the only remedy was application to
the supreme court for writ Of habeas
corpus. or to the president of the
United States for pardon. AS the
prisoners are unable to carry their ap-
plication to the supreme court, Mr.
McCafferty will do the next best thing
appeal to the president for the par
don of his clients. He began at once