The Montgomery advertiser., 1903-06-25
J. W. PACE PLEADS GUILTY;
 WILL TEST PEONAGE LAW.

,n that neona ae is not a crime against the Federal statutes. The demurrers were overruled by Judge Jones and Pace ent- cred his formal pleas of guilty, securing a writ of error for the purpose of sp- pealing one case 10 the court or Appcais to test the law.
 Pace was then sentenced by Judge Jones after which he made a supersedas bond of $, 900 pending the result of his appeal and was released from custody.
 After these proceedings in the court the conspiracy cases against Pace. which had been set for trial next Tuesday, were con tinued until the December term Of the court. Pace will return to his home near Dadeville this morning. He is expected to be an important witness in the cases against W. D. Cosby, George D. Cosby and Barancas F. Cosby. which will be called for trial next Tuesday Opposed Wish of Lawyers. It is said that Pace pleaded guilty yes- terday in opposition to advice of his law yers. believing that his interest would be best subserved by such course.
 It will be remembered that Pace. when he was in court Monday. proposed to plead guilty. One of his lawyers. MT. Pearson, of Montgomery, insisted that the demurrers to the indictments might not raise the question that there must be law to constitute the offense of peonage. but that 1t might have to be raised by proof in the case. and the defendant aould want to De in a position to take advantage of this proof if the Court of Appeals so held.
 Judge Jones, replying to this proposi- tion said that demurrers would reach the question but that if they would not there was no way by which Pace could reach the matter afterwards If the Court of Ap- peals affirmed the decision in the case. nA diH wish the dpfend- ant to plead guilty with the understand ing that defenses could be set up after the case was affirmed, as that could not be done.
 Pace thereupon declined to plead guilty and the peonage cases were set for trial next Monday.
 Pace Changed His Mind.
 Yesterday Pace changed his mind and
 acted independently of his counsel. He appeared at the office of District Attor- ney W. s. Reese shortly before l2 o'clock and informed the District Attorney that
 he desired to enter formal pleas of guilty in the eleven .peonage cases as he had proposed on Monday
 The District Attorney would not agree to accept the pleas without the presence in court ot Faces counsel, and mes senger was sent for Mir. Pearson, Colonel T. L. Bulger of Dadeville, associate coun- sel. having left the city.
 At 12 o'clock the court was opened and the eleven peonage cases against Pace were called.
 MT. Pearson announced that he had
 filed demurrers to the eleven indictments alleging that the accusation of the indict- ments was not a crime against the Fed eral statutes. He added that he did not care to press the argument as the court had already overruled the demurrers. Thereupon Judge Jones overruled the demurrers announcing that later he would file an opinion
 The Pleas of Guilty. Pace then entered his formal pleas. He
 said he would plead guilty to the eleven
 indictments charging peonage with the understanding that it was not to be a waiver of his demurrers and the court accepted the plea with that understand ing, adding that the judgment entry | would so recite.
 Judge Jones then sentenced Pace. He was asked to stand up and the usual in- | terrogations were put, if he had anything | to say why sentence should not be passed upon him.
 Pace replied that he was guilty of the acts charged in the indictments but was | not aware that these acts were violations l of the United States laws. l At this juncture District Attorney Reese asked that on account of the dis | eased condition of Faces feet. he being | unable to stand any length of time. he | be allowed to sit while pleading and re- | ceiving sentence. Judge Jones assented | to this request and Pace sat in chair near the bench.
 | After the formal pleas in each of the eleven cases were entered Judge Jones | sentenced Pace to five years Imprisonment | in the Atlanta penitentiary in each of the | eleven cases. but said that in view of | Faces age and physical condition the | sentences would run concurrently, De- | ginning from yesterday.
 Sentence Means Five Years.
 This means in substance that the fifty
 five years sentence is reduced to nve | years. Under the law Judge Jones was | empowered to sentence Pace to 55 years
 and a fine of s55,000. | when Pace had been sentenced. his | counsel asked for writ or error to the
 Court of Appeals. which was allowed. He | also asked that Pace be permitted to give
 bond to operate as a supersedeas pending
 the decision on the appeal. | Judge Jones said that considering Faces | physical condition, he would allow su
 persedeas bond of 5000 pending the de | cision of the higher court. | William Gray, one of the most substan
 tial citizens of Dadeville. appeared at the | bar and signed the bond for Pace, who
 was thereupon discharged from custody l The bond was also signed by J. F. Fur ! ner. a defendant in the peonage cases. Pace having been indicted jointly witf others for conspiracy and the cases hay ing been set for trial next Tuesday, MT Pearson moved for a severance of Pace ir the conspiracy cases
 Judge Jones said that under the cir
 cumstances, he would grant the motion and. by agreement the conspiracy cases
 were continued until the next term oi
 court.
 The eleven indictments to which Pace
 pleaded guilty charge him with holding
 in peonage John Davis. Charlie Williams
 Doc Crenshaw, Pat Hill. Ed Moody. Jin
 Caldwell. Rina Scott, Otis Myers. Ower
 Green and Ephriam Pope, all negroes