The Birmingham age-herald., 1903-07-08
WITNESS APPEARS
 IN PEONAGE CASE GIennie HeImes Says He Was Whipped Almost Daily NEGRO BECOMES CONFUSED  Congressman Wiley Gets Him Tangled Up in Testlmony-Jury Is Drawn.
 Case Attracts Little Atten.
 tion in Montgomery.
NEGRO BECOMES CONFUSED

Montgomery. July .-(Special.)-Gien Holmes negro who. the government claims was held in a state of peonage in Alabama, was the witness before the Federal court today in the case against Fletcher Turner, under peonage indict- ment.
 Holmes is a co1ored youth, aged IS years. "dudy" sort of negro of the bootblack stripe. His evidence, in brief, was that he had been taken from his home in Columbus. Ga. to calcis, Ala, to work in a lime kiln. He did not like his job and started to return home. When he reached Goodwater, he was arrested on a charge of vagrancy together with his two pals, Esau Williams and Dave Johnson. They were arrested by J. G. Dunbar and tried before Mayor D. M. White, found guilty and fined $5 and four and a half months at hard labor. They were sold by Dunbar to Fletcher Turner for forty dollars. They had committed no offense at Goodwater and were mere ly passing through the town He did not sign voluntary contract with Tur- ner, but agreed to go. They were tied together and taken to the farm of Tur- ner, where they were worked during the day under armed guards and locked up at night.
 Whipped Almost Daily.
 Almost daily they were whipped by the guards, Allen Turner and Bob Barron.
 Holmes escaped after one month but was caught and returned to the camp. He was severely beaten. he said, when he reached the camp. After three months of labor, he was released to L. E. White upon payment of some money sent for the purpose by his father.
 In response to a question by the dis trict attorney Holmes said that he had at times ben worked naked. On cross-ex- animation Holmes said he had never been whipped by Fletcher Turner, the defen- dant He was considerably confused by Congressman Wiley who conducts the ss-examination for the defense. The witness said he had been in Montgomery since May brought here and cared for by Captain Dickey. who Is the special agent of the government. All of the morning session of the court today was taken up by Attorney Bulger arguing the demur- Ter to the indictment, that there was no system of peonage shown to be in exls- l6nCe III t1lS Sldle, anu nOluiHb uilCOHSAi- tutional the statute under which the in- dictments had been found. Judge Jones overruled the demurrer, and the dcfen- dant then entered a plea of not guilty. The special pleas that if Holmes had been held 1t was by virtue of voluntary con tract, was struck by the court, the judge holding that plea of not guilty covered every possible ground.
 Jury Completed.
 It required but a few moments to complete the jury, each side challenging three men. It was notable that the de- fense challenged jurors who reside in cities. The jury is composed of E. W. Thomas of Autauga county. B. o. High of Bullock county w. c. Page of Cham bers, simon Carroll of Covington, J. T. Johnson of Fillmore. A. F. Warren of Lee. B. G. Young of Dale, D. W. MeColl of Butler A. M. Cameron of Macon. John Childers of Pike, w. H. Edwards of Lee, c. E. Campbell of Chambers. The trial is exciting but little interest. There were but 13 persons other than court officials, lawyers and jurors in the court room when the case was pre- scented to the jury by Assistant Attorney Sternfield. The examination of the wit ness Holmes concluded the days session and a recess till tomorrow was taken