The Montgomery advertiser., 1903-06-11
FOUR PEONAGE PRISONERS:
 GRAND JURY SEEKS ADVICE

The bonds of Pace, Todd and the tive Cosby's, like the bonds of R. N. Frank iinR. A. M. Pruet and T. Turner, the other defendants, were made returnablc June IS, and from day to day thereafter The prisoners will probably be arraigned June 22 and their cases set for trial. By that time 1t is believed that the grand ury will have completed its work.
 It Is said that J. W. Pace will be the first defendant to tbe tried. It is reported that Pace will be represented in court by a well-known lawyer, who is State official.
 Negroes Who Are Named.
 The negroes named in the indictments on which the last arrests were made, are Doc Crenshaw, Ed Moody, Pat Hill, Jim Caldwell and Charles Williams. The ne- groes named in the indictments against Todd are Doc Crenshaw, Joe Patterson, Ed Moody. Charles Williams and Pat Hill. Barancas Cosby Is charged by the indictments with holding in servitude Charlie Williams. Pike Swanson, Lige Turner, Lum Johnson and Emma Aus tin. Two indictments grew out of the alleged holding of Lige Turner. G. D. Cosby is charged by the indictments with holding Charles Williams, Pike Swanson, Lige Turner. Will Giddens and Ephraim
 
 G. D. Cosby in the case of Lige Turner
 Nearly all of the negroes named in the indictments are in Montgomery and have been here since the grand jury began it's investigation. They are at negro board ing houses and are under surveillance of Government officials. Lige Turner is sort of leader among the negroes. He has been drinking heavily since he came to Montgomery and has given the court officials some annoyance.
 The negroes named in the indictments will probably remain in Montgomery un- til the peonage cases are tried. and they will. of course. be important witnesses for the Government. The indictments indicate that Probate Judge J. J. Harlan Of Tallapoosa County will also be an important Government witness.
 The Tallapcosa County farmers brought here yesterday declined to discuss the charges against them. saying they had been advised not to talk. J. W. Pace and George D. Cosby conduct large planta- tions in Tailapoosa County, and both of them are lessees of county convicts. James H. Todd is, and has been, an overseer for Pace fifteen years Barancas Cosby is employed by G. D. Cosby, who Is his uncle. He Is about g years old, of stocky build and ruddy face. He de- clared that at least two of the negroes named in the indictment were unknown to him.
 Most of the indictments against the four defendants brought here yesterday peonage in the summer of 1902. although one charges that one was held by Pace as early as January, 1901.
 Case of Pike Swanson.
 Pike Swanson, one of the negroes al- leged to have been held by the Cosby's, whose farm is about six miles from Dadeville. declared yesterday that he was not released from Cosbys place until the investigation of the alleged peonage system began.
 Swanson is a talkative negro who ap- peared anxious to exploit his case He formerly lived in Macon County Last July he said he went to Dadeville and made contract to work on the farm of G. D. Cosby as a free laborer for So B month. It was stipulated In hls con tract copy of which he said he did not receive, that if he was maltreated the contract was to be annulled. Swanson said that twice while working for Cosby he was arrested once for disorderly con 1uct and again for fighting He was fined and understood that the fines were paid by Cosby. He found that he was | expected to work fourteen months to pay | he fines. The negro declared that he did not re- | 'eive cent of money while working for | Cosby. and that he would swear that he vas worked under guards during the | week and on Sunday and that he was | ocked up at night.
 About two weeks ago, according to 'wanson, he was freed and told to leave he place. He returned to his old home n Macon County
 Barancas Cosby said yesterday that he lad never seen Pike Swanson in his life.
 Jury Seeks Advice.
 The Federal grand jury Investigating he peonage cases filed into the court oom yesterday at 12 o'clock Seventeen dditional indictments were reported and Foreman Judah T. Moses filed with udge Thomas G. Jones a written inter- ogatory for advice as to the constitu- Ionality of an Alabama act bearing on ontract labor The title of this act is as follows:
 To punish any person who has con racted in writing to labor for or serve mother for any given time. or any per on who has by written contract leased or ented land from another for any speci- ed period of time, or any person who as contracted in writing with a party the land or the land and cams either to furnish the labor or the abor and teams for a given time, and Tho before the expiration of such con- ract and without the consent of the oth- r party and without sufficient excuse. to e adjudged by the court to said contract, caves such other property. or abandons uch contract. or leaves and abandons uch leased premises or the lands fur ished as aforesaid and shall also make r offer to make a second contract with
 different party, without first giving to aid party notice of the first contract" The act makes a violation of the con 'act punishable by fine of not over $50 or more than six months hard labor, one r both.
 number of counties are excluded from ne provisions of this act. 'Coosa Is among le excluded counties but Tallapoosa ounty is not.
 May Be Unconstitutional. The grand jury in It's written interroga- ,ry asked whether or not the provisions [ this act were violative of the thirteenth nd fourteenth amendments of the Fed -nl Constitution. lestion that had received much thought , his professional life. It was very i'm Ortant matter. he said, and one that he 3 would advise the jury at another time , It is expected that Judge Jones will , I've the jury an opiinon on the sub i ct today or tomorrow. juror asked If Justice of the Peace , we sentence fin excess of that author ed by law or wherein he had no juris- z ction and caused person to be put to z ard labor. whether he would be guilty {
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