The Birmingham age-herald., 1903-07-24
ALSTON TELLS TIE
 JURY 0F A CRIME
Discusses Riot at PelI City in
 Vigorous Terms
ACTION OF MOB CENSURED
Judge Points Out That an Uncalled for Attack Was Made on Negro Home and characterizes the
 Deed as cowardIy.

Pell City. July 23.-(Special)-A special jury has been summoned by Judge A. H. Aston. supernumerary judge presid- ing over the Circuit court here for the purpose of Investigating the lawlessness of last Saturday when a mob chased a negro and wounded him and burned down the home of an innocent negro who had nothing to do with the disturbance. In. in- structing the jury Judge Aston handled the subject in a vigorous manner. and spoke of the disorders in unvarnished terms. His charge was as follows
 Tho Charge.
 You are doubtless surprised to be called upon to serve your county in your present capacity so soon after the ad- journment of the regular grand jury that was organized In this court room on last Monday It having been brought to my attention that an indictable offense has been committed in the southern judicial division of this county during the session of this court. but after the adjournment of the grand jury, and the offense being such henous one, I decided 1t was my duty to this county and to the state to exercise the authority conferred by stat ute on circuit judges in matters of this extraordinary nature, hence I have or dered a special grand jury summoned from the qualified citizens of this coun- ty, in order that an immediate invesuga- tion may be had and the guilty party or no rfi fn that has been brought to me Is this: On last Saturday afternoon at the ball grounds near here there was a negro man, known as being ''goosey;" he was 'goosed" by some young white men, and at the time he had in his hands a rock, which he threw down, and 1t struck one of the young white men, who became angry. The negro ran away and was pur- sued by crowd of thirty or mere white men. The sheriff was present and urged the parties to desist but his remonstra- tions were met with oaths and the crowd continued to pursue the negro and were threatening to do violence to him. several of them being drunk
 Defense of a Home.
 The negro finally reached his home and there secured his rifle, and warned the crowd not to advance upon him; but they did advance and fired upon him; he returned the fire and wounded two of the crowd His house was fired into and a child wounded and the pursued negro was also slightly wounded. The negro escaped About 10 o'clock that night the mob returned, but failing to find the negro, they then set fire to an adjacent dwelling occupied by a family of negroes in no way connected with the man to visit lawless violence. And to- day there Is family homeless and without food or clothing, all they pos sessed having been destroyed by the flames started by lawless mob. It Is true, gentlemen of the grand jury, that family Is composed of humble negroes, but I trust 1 am addressing sixteen men whose sense of justice as well as moral and physical courage are too high to al- low them to consider for a moment the condition In life of any man or set of men, in the discharge of the responsi- ble duties now devolving upon you.
 We often hear it said that a negro must keep in his place. 1 thoroughly agree with such sentiment. It Is a part of my nature, acquired by inheritance as well as education. And l say the white man should also keep in his place. The place of the white man Is by the God that made him one of superiority, and it should be maintained and not be lowered of undue familiarity. If a white man Is upon a footing with the negro, he ought not to want to mob him, if a falling out results from that undue familiarity.
 Negroes Are Dependent.
 Gentlemen of the jury, no people on earth are so dependent as are the ne- groes upon the whites for justice. They have been dsfranchised by us, and, in my judgment, most properly and wisely. They have no voice in the selection of those who make the laws that govern them. Nor do they sit upon jurles or exercise any other rights of citizenship. They are helpless and absolutely depen- dent upon us for their equal rights and protection. Our responsibility Is as great as their dependence upon us. But l am sure we are equal to 1t and that the great majority of the white people in Alabama desire to see the negro undis- turbed in the enjoyment of every right that the law gives him. Let him feel that he will be justly dealt with: that his liberty and his property are as secure and safely guarded by the laws of Alabama as are the white mans. The theory of our law is equal protection to all of its citizens. It rests evenly upon the humble and the exalted and upon the poor and the rich, the black and the white. And 1t will be a sad day in Ala bama when we depart from that theory of tho law.
 Guilty Should Be Punished.
 The guilty should be punished and the