The Montgomery advertiser., 1903-07-19
JUDGE JONES
T. THOMAS HEFLIN SPEAKS AT
 LUVERNE.
Says Charge to the Jury in Fletcher Turner Peonage Case Was Wholly Uncalled for and
 Out of Place.

Juverne. July 1S.-(Special.) .)-Camp Gracy. U. c. ", of Crenshaw County was rendered a barbecue by Ben BricKen Camp of Sons oc Confectionery here yes terday, 1t being their annual reunion Perhaps 1,5OO or 1000 persons gathered to show honor to the gallantry Of the Soutn' The Sons had arranged to nave Hon. d. Thomas Heflin. Major T. w. Shows pre- scented the orator.
 Tn inc course of his speech Mir. Hefiin said:
 Alabama has recently received unjust criticisn in the North. A few so-called 'peonage' cases coming from one or two localttits in the State has given the agencies of islander in the North an op- nortunitv to accuse the whole State Of Alabama. Cartoons of white men whip ping negroes (bound hand and 1oop Wlth leather straps studded with tacks, nave been sent broad cast over the country Lies as black as midnight have been pub lished regarding these 'peonage cases Despite the lies that have been publish ed and pandering of some to Northern sentiment, wholly unpleasing to the good people of this State, the government of Alabama stilpl exists and a justice loving and God fearing people still have control
 .'The federal constitution guarantees to every citizen the right of trial by jury, and this Is one of the dearest rights vouchsafed unto the American citizen. It is one of brightest jewels that graces the fabric of our civil system.
 "A fair and impartial trial by jury of ones peers, free from hampering in f1uences and the frowns of intimidation, is a blessed thing in this land of liberty.
 Recently in the Capital City, the old birth place of the Confectionery, jury was selected to try Fletcher Turner, white man and a good citizen of Talla- poosa County, charged with peonage. The government offered its testimony which sought to establish that Turner had. without authority and against the will of three negroes held them in condition oI peonage. This, the defense denied, offer ing evidence to the effect that the three negroes in question sent one of their own color, John Parker of Dadeville, to Tur- ner requesting him to pay their fines and cost and take them to his farm and allow them to work 1t out, the negroes having been fined in a court at Goodwater Tor vagrancy. That at the urgent request of the three groes Turner finally agreed to take them and paid the money to the representatives of the G0Odwater court. The jury heard the evidence, the argu- ments of counsel and then received the charge from the court. It resembled
 
 The jury retired to consider the case if possible to find a verdict. Now comes the rub. These jurors (some of whom know to be among the best best citizens of Alabama) acting under their paths failed to agree, some very few being, as understand it, in favor of conviction while the others maintained that Turner was not guilty and favored a verdict of acquittal. On Saturday afternoon they reported to the judge it was impossible for them to agree, whereupon he deliver ed himself of what I consider to be charge wholly uncalled for and out of place and it tended in my judgment to intimidate rather than enlighten. to tres pass on the domain of the jury, and to usurp it's function. The jurors were the judges of the facts. It was their province to determine from the evidence the guilt or innocence of the defendant. They did not agree, made a mistrial and the fare well address of the judge to them was in my humble judgment unparalleled in the history of federal courts in Alabama According to the newspaper report, which I presume is correct, he said in part: T hoped that this jury would be strong enough to do its duty and reach a con- clusion.'
 "'Those of you who have refused to