The Montgomery advertiser., 1903-09-17
Were Sentenced for ViOlat-
 ing PeOnage Law.
They Pleaded Guilty to the Charge and Were Doing Tims in At lanta.-Judge Jones Urged
 President to Show
 Clemency.

Washington, Sept. 16.-The PreSldent mas granted full and unconditional pardons to George D. and Barnacas F. Cosby, con victed at Montgomery. Ala, of violation of the peonage law. These men were in- dicted for holding Pike Swanson in con dition of peonage. pleading guilty on June 3o 1903, and on the same day were sen- tenced to imprisonment for year and day In the United States penitentiary at Atlanta. They have been imprisoned ever since. and today were released on tele- graphic instructions from the Department of Justice.
 During the month of June indictments against a number of individuals for vio- lation of the peonage law were returned by the grand jury at Montgomery, and several convictions were secured, the sen- tsnces imposed ranging from the mini mum, one year, to the maximum, i've years The President granted the par dons to the above cases upon the earnest recommendation of Judge Jones, who sen fenced the prisoners.
 The letter of Judge Jones follows:
 Montgomery Ala, Sept. g, 1903. To the President:
 Geo. D. Cosby and Barancas F. Cosby of Tallapoosa county. Alabama, each pleaded guilty to separate indictments on June 30. 1903. in the District Court of the United States for the Middle District of AldDdtitt, CIidI SiHS tHcu "ilu d NiOldtiOn of Section 5526 of the Revised Statutes of the United States, for holding Pike Swan son and others to a condition of peonage; and were sentenced on the same day, to imprisonment in the United States peni- tentiary at Atlanta, Ga, for a year and a day.
 As the term of court at which the sen- tences were imposed has not yet expired, numerous petitions have been addressed to the court to suspend the further ex- ecution of the sentences. This explains why many of the petitions sent herewith are not addressed to the president forward these papers and the application of the prisoners for pardon.
 The favorable recommendation now made proceeds on no idea that the sen- tences were unjust; but solely from the conviction that the punishment already undergone by the prisoners has accom- plished all the real ends of the law in these cases
 The prisoners have felt the humiliation of imprisonment in the penitentiary. the sting of condemnation by their neighbors and associates. and the wide publicity of their offense. They have been sepa- rated from their families, and have worn stripes. There is no ground for believing that they will ever again, under any cir cumStanceS whatever, engage in like prac- tices. They attempted no defense, but pleaded guilty at the earliest opportunity. They were contrite and admitted that they justly deserved punishment The re- form of the offenders themselves, so far as the law contsmplates that, has been completely affected by the punishment.
 The question of pardon may, therefore, be properly considered now, solely as re- gards it's effect upon the administration of justice and the public welfare. The Flaw has been thoroughly vindicated, and the evil against which 1t was directed, in these communities, has been complete ly crushed. Connivance with the abuses of corrupt magistrates in that locality, in the exercise of the power to hire out offenders for the payment of fine and costs on conviction for small and often sham offenses, in order to reap profit for the hirer. has been thoroughly ex- posed and broken up. It has met the hearty reproduction of the great mass of the people in all walks of life The ex- ample has been all-sufficient to deter oth- CTS from like offenses in the future.
 The press, the pulpit the bar and the people at large, as well as those in Tal- lapoosa county, have been outspoken in their graunication that the evil has been broken up, and have heartily commended the course of the authorities fin dealing with 1t. This spirit as you will see by the accompanying petitions. actuates the people of that county. who. in numer- ous meetings have asked the pardon of the prisoners. Among the signers of these petitions are many negroes. They feel safe from any repetition of like Offenses, and join with their white neighbors in these petitions for clemency, believing in this instance, that 1t will redound to the pub lie good, and smooth the relations be- tween the races The great body of the people of Tallapoosa county have. in ef- feet, become sponsors for the good be- havior of the prisoners. and the loyal ob- servance of the law in this respect by all others in the future. A public opinion, stronger even than the power of the law, has been aroused to stand up in the fu- ture for justice and fair play to the weak Granting the prayer of these petitioners would recognize and strengthen those moral influences which. at last, are the only enduring foundations of a reign of law I cannot doubt that good would come from granting the prayer of the pe- titioners.
 Apart from these considerations, there are others which are deserving of weight. While the innocent must, inevitably, off, ten suffer with the guilty, such consider ations cannot be allowed to stay the hand of justice, until the ends of legal punish
  When. however, the punishment of the guilty has wrought all the ends the law designs for the good of society and in- divduals, I venture to suggest that the authority which has the power to chasten the harshness of the law, may, then well consider the weight of misfortune and distress which will befaH the innocent and helpless, by further punishment of the offender.
 George D. Cosby has a wife and six children, the oldest a girl of twelve. and the youngest. a baby born since his i'm prisonment, His wife is sick and quite feeble. Barancas Cosby 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 families no support. The families of the two Cos by's have been moved to the home of the father-in-law, an infirm Confederate sol dier. now 70 years of age. They are de- pendent upon him for support, when he is The condition of the families of these prisoners appeals keenly to the people of their county, and has enlisted in their in all parts of the State. who, while ex- the offense, have in letters and personal interviews strongly expressed the belief that it would have a wholesome moral ef- feet, under all the circumstances, now to pardon the prisoners. After much refec- tion and consideration of the matter, I unhesitatingly recommend an immediate and unconditional pardon.
 With great respect.