The Montgomery advertiser., 1903-07-21
HAD SECURED MISTRIAL
Fined $1, ,O00 and Two Other ' Cases NOl Pressed.
Fudge Jones Said He Would Have $ Asked Some Other Judge
 to Preside at Sec
 ond Trial.

guilty of holding Glenny Helms. a young negro, in a state of peonage In the same case a mistrial was had week before last, Judge Jones discharging the jury at the close of the trial with an address which attracted national attention.
 Turner was fined $1,OOO. In announcing the fine, Judge Jones said that the court would suspend it's payment for time. and might remit portion of 1t. In the cases where he was charged with holding Esau Williams and Dave Johnson, a mol p-oss was entered
 The unexpected turn to the Turner case came yesterday at the afternoon session of the Federal Court. Turner had in the recent peonage investigation been in- dicted five times by the Federal grand jury. The principal indictments were for holding Glenny Helms, Esau Williams and Dave Johnson, three negroes, in a state of peonage for more than two months, and then demanding money for their release amounting to two or three times what he paid the constable for them. In the first case that of Glenny Helms, he was placed on trial July '. The trial continued throughout the week. Conclusive evidence to sustain the indict- ments was introduced, but the jury dis agreed and a mistrial was ordered. Tn discharging the jury, Judge Jones drew attention to the strong evidence that had been introduced in support of the charge of peonags.
 The defense having achieved the half victory of a mistrial in the face of the strong evidence. its action yesterday in pleading guilty was a surprise In making the plea. MT Lackey stated that his client was technically guilty of peonage He was guilty. he said, under the charge made by the court to the jury.
 Plea Was Not Forced.
 In accepting the plea and sentencing l Turner, Judge Jones said tlaat he would never. when 1t could be avoided, try a defendant who believes that he enter. taifled i'll win against him. He had therefore, he said, told the counsel for Turner that plea of guilty for him need not be put in to avoid a trial before a judge who had expressed an opinion on the undisputed facts since he would try to have another judge preside at the next trial.
 The court had at the morning session been engaged in tse selection of a jury to try Robert N. Franklin and other peonage defendants. It was expected that this work would be completed at the af ternoon session, and that Franklin would be put on trial.
 When Judge Jones took his seat and the Court was called to order a few min utes after 3. Turner occupied a prominent seat within the railing, with his counsel N. M. Lackey.
 As soon as Court was opened, MT. 1ackey said: "I desire to call your hon or's attention to the case of Fletcher Turner, who is charged with holding Glenny Helms in stae of peonage. This case has been tried in the Court, a mis- trial resulting. Under the ruling of the Court ruling that we do not presume to question, we are technically guilty of peonage.
 "In view of this technical guilt we de- sire to enter a plea of guilty. My client did not realize that he was violating the law. He did not know that he was doing anything that was not justified by law He had after several importunities com piled with the request of Glennie Helms EsaW Williams and Dave Johnson, to pay their fines and allow them to work ont the money
 Turner's Side of Case.
 eff any cruelty was practiced it was done without the ~eonsent of my client. We insist that/he practiced no cruelty nor permitedNit, if he could help it. We insist that no injustice was done We in- sist that no inhumanity was practiced.
 Tn this affair my client was mistaken He nnistook what his rights were under the law. He is willing to stand here as an honest man and take whatever penalty the Court imposes upon him."
 Judge Jones responded; The Court will take the plea It is proper. however, to say this much more. If the facts of this case supported the conclusion pressed up- on the court and jury, that Turner had simply yielded to the entreaty of the three negro boys to pay their fine. and had ad- vanced $40 for that purpose, and detained them at work until they paid that amount. and that was all, the Court would have suggested to the District Attorney rI-s1z no moral wrong was intended, and the Government might well leave 1t alone. In any event the court would have ordered a mol pros in such a case.
 That, however is not this case. 1t is due to the justice of the sentence which will be pronounced, and in vindication of the action of the Court, to state the main facts in the case MT. Turner did not pay the fine and costs of these boys, which amounted to $19. 80. He purchased their liberty and services from Dunbar, for four months. without any reference to the amount of their fine, which was much less than $40. MT Turner did not hold these boys for this $49 merely He did not concern himself about the fines at all He held them not merely for the $40 but for the profit on his bargain. He received SS5 for Dave Johnson $25 for Esau Williams and $46 for Glenny Helms. mak- ing total of $106, which their parents paid to regain the HOerty or these Doys They worked for him for two months and ten days Allowing S5 cents day for their labor, excluding Sundays, 1t woul1 amount roughly to $70 more for the three. Deducting $40 paid Dunbar and expenses of recapturng Helms. 1t would leave something like a profit of s1OO on this ad- vance of $4O MT. Turner should have Inquired something about the amount of these fines and costs. He handled con yicts, and knew that legal process was necessary. It was not case Of mere advance to nav the fine and costs, but a gpeculation by the purchase of these ne Rroes. without any care for their rights Induced by desire for gain. and not for charity. This was moral as well as lega paonage I stated to the jury on the for