The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-09-17
Men Convicted of Violation
OF Peonage Law.
APPEAL BY JUDGE JONES
He Holds That the Ends of Justice are Served
and That The Tins to Temper
it With Mercy Has
Arrived.
(By the Associated Press.)

Washington, Sept. 16.-The President
has granted full and unconditional par
dons to George d. and Barancas F. Cosby,
convicted at Montgomery, Ala, of VIOLA
tion of the peonage law Those men were
indicted for holding Pick Swanson IN
peonage and found guilty on June 80,
1908, and on the same day were sentenced
to Imprisonment for year and a day
in the United States penitentiary at At
lanta, Ga They have been imprisoned
ever since, and today were released on
telegraphic instructions from the Depart
ment of Justice.
During the month of June more than
eighty indictments, against a Dumber of
individuals Cor violation. ard several con-
victions were secured, the sentences I'M
posed ranging from the minimum, one
year. to the maximum, five years.
The President granted the pardons in
the above cases upon the earnest recon-
mendation of Judge Jones, who sentenced
the prisoners.
In his letter to the President Judge
Jones says:
THE favorable recommendation now
made proceeds on no idea that the sem
tences were unjust; but solely from the
conviction that the punishment already
undergone by the prisoners has accom-
plshed all the real ends o. the law in
these cases.
THE prisoners have undergone the
humiliation of Imprisonment In the peni-
tentiary,. the sting of condemnation by
their neighbors and associates, and the
wide publicity of their offense. They have
r
have worn stripes. There is no ground
for believing that they will ever again
under any circumstances whatever, en-
gage III like practices. They attempted
no defense but pleaded guilty at the ear
liest opportunity. They were contrits
and admitted that they justly deserved
punishment The reform of offenders
themselves, SO far as the law contemplates
that. has been completely affected by the
punishment.
"Thc question of pardon may therefore,
be properly considered row solely as re-
CARDS its effects upo4 the administration
of justice and the public welfare. The
law has been thoroughly vindcatcd, and
the evil against which it was directed, in
these communities has been completely
crushed. Connivance with the abuses Of
the exercise &C the power to hire out
offenders for payment of fine and costs
on conviction for small and often sham
offenses, in order to reap profit for the
hirer has been thoroughly exposed and
bI oxen up. 1t has met the hearty repro
baton of the great mass of The people in
all walks of life. The example has been
all sufficient to deter others from like
offenses in the future.
1.-The press, the pulpit, the bar and The
people at large, as well as those in Talla-
poosa county, have been outspoken in
their qualification that the evil has been
broken up, and have heartily commended
the course of the authorities In dealing
with it. This spirit, as you will see by
the accompanying petitions, actuates the
people of that county, who, in numerous
meetings have asked the pardon of the
prisoners. Among the signers of reti-
tions for pardon are many negroes. They
feel safe from any repetition of like OF
fenses, and join with their white neign-
bors in these petitions for clemency, be-
leving in this instance that it will re-
dound to the public good and smooth
the relations between the races. The
great body of the people of Tallapoosa
county have in effect, become sponsors
for the good behavior of the prisoners,
and the loyal observance of the law in
this respect by all others in the future.
Public opinion, stronger even than the
power of the law, has been aroused tc
stand up in the future for justice and
fair play to the weak. Grarting the
prayer of these petitioners would recog-
nize and strengthen these moral in
f1uences. which, at last, are the only en-
during foundations of a reign of law. I
cannot doubt that good would come from
granting the prayer of the petitioners.
'Apart from these considerations, there
are others which are deserving OF weight.
While the innocent must inevitably often
suffer with the guilty such considerations
cannot be allowed to stay the hand OF
Justice. until the ends of legal punishment
have been completely attained. When,
however, the punishment Of the gulSy
has wrought all the ends the law designs
for the good of society and individuals, |
venture to suggest that the authority
which has the power to chasten the harsh
ness of the law, may then well consider
the weight of misfortunes and distress,
which will befall the innocent and help
less by further punishment of the offender.
George D. Crosby has wife and six
children, the Oldest girl of twelve and
the youngest a baby born since his I'M
prisonment His wife is sick and quite
feeble Barnacas Crosby has a wife and
two children and his wife is now about
to be confined Both the prisoners are
men of small means and left their fam
lies no support. The families Of the two
Crosbys have been moved to the home OF