The Weekly Tallahasseean., 1902-03-28
GIVEN FOUR YEARS
S. M. Clyatt, Of 7iftOn, Gav
Sentenced by Judge SWayne
WAS CONVICTED OF PEONAGE
Will Appeal to Supreme Court of the
United States.

The United States Court for the
Northern District of Florida convened
in the government building in this city
Monday, with Judge Swayne, of Pensa-
cola, on the bench. The judge did not
arrive in the city until 1:3S D. M, and
court was not organized for business
until o'clock.
>he grand jury took up considerable
Of its time during the week investigat-
ing the Taylor county mOonshiners, Of
whom large number had been brought
in The cOunterfeiting cases from Levy
and Franklin counties also received at
tentiOn from the court.
On Tuesday the grand jury returned
fourteen true bills against moonshiners,
CUBAN rum smugglers and counterfeit
erS The most important eaSe of the
day was that of the United States
against S. M. Clyatt, of Triton, Ga,
charged with peOnage. For the benefit
OIL our readers who may not thoroughly
uRderstand the charge, we will explain
that "peOnage" is a form of serVitude
existing in Spanish America, and es-
pecRlly in Mexico. 1t is from the word
''pe6n,' a day labOrer, or species of serf,
compelled to work for his creditor until
his9ebts are paid.
Olyatt had couple of negroes in his
employ near Triton, Ga. They left him
and found work in Levy county, Fla.
ClyAtt and gang of men came down
from Georgia, with warrants, claiming
that they wanted the negroes for gam
ing. He stated to Mr.. Dean, for whom
the men were working, that they owed
him money, and when the latter offered
to Fay him the amount alleged to be due
he said he did not want the money, but
wanted the negroes for gaming. With
the assistance of the sheriff and deputy
Sheriff, Clyatt succeeded in taking the
1EarOes back to Georgia, without legal
p30eess.
EHe trial elected considerable inter
Rs this method is extensively en-
I'D in Georgia. In charging the jury,
E7tHGe SWayne said: "No contract,
er, voluntary or involuntary, for
lse9f, can be enforced by criminal pros
9een, and any attempt to do so makes
arty so attempting guilty of peon-
Tfe case went tortRS SSnry at 5 O'Clock
Tuesday afternoon, and about 10 o'clock
a verdict of guilty was returned.
On Thursday morning Col. Hender-
son made motion for anew trial. In
TOVerruling this motion, Judge Swayne
stated that a jury of twelve impartial
men, after listening to the testimony,
had found the prisoner guilty of peon-
o0o uo rood tho ctoFu+oc, of tho TTDitod
States on the subject, which showed
cOnclusively that it is violation of the
law to bargain or contract with man
to work out debt, or to in any manner
force any person in any state or terri
tory of the United States to so work out
a debt.
Before sentence was passed, Mr.. Cly-5
att stated to the court that he had acted.
in good faith, and had no intention of!
violating the laws of Georgia, FlOridas
or the United States. He had come.
down to Florida with warrants for the
negroes, and had consulted with the
sheriff of the county in regard to theI
matter. He was innocent of any wilfuli
violation of the law.
The Judge, in passing sentence, saidj
that he could not see why Mr.. Clyatt,
and his men, not being officers of thel
law, should come into Florida in the'
night time, armed with guns and re+l
evolvers, and forcibly carry off citizens.
of this State, without due process of
the law. He said that as the law in re-,
gard to the crime of peonage was very
strict, he was determined that the prac-.
tice should be abolished in Florida at:
least. That as this was the first casei
of similar character ever tried in the.
United States the court would be as.
lenient as possible under the circum-i
stances. s
The sentence of the court was that
CIyatt be confined in the Federal prlS-:
on at Atlanta, Ca, for term of four
years. Judge Swayne stated that IN his
thirteen years on the bench he had only
on three occasions granted SUPERB
sedeas, but inasmuch as the counsel ION
the defense had cOntended that therG
was no law on the statute books OF the
United States covering the charge
against Clyatt, he was willing to grant
a supersedeas in order to give the