The Montgomery advertiser., 1903-07-11

said there was q legal way in which | Turner could have paid the fines but nc didn't do it. He said 1t did not matter Eff Dunbar had lied in.-some Of his state. ments. It madesno difference, ne saio. Il | 1t was admitted that Dunbar had been l.promised immunity. All of these things I had no bearing on the case. The real question to be decided was the contract
 made at Dadeville between Turner and Dunbar.
 MT. Reese argued that Turner had been speculating in human flesh number oi years and that John Parker, the negro witness. was an agent of Turner. If Par ker had been a friend of the negro boys Parker would not have sent them to the Turner place. They were between the proposition of going to Faces or Turner or between hell on one side and purg- atory on the other," as MT, Reese de- scribed 1t. They were frightened and helpless, Mir. Reese said, and they went | to Turner's.
 All the jury had to do, MT. Reese said was to decide whether the contract was valid or invalid. The jury. he said, had nothing to do with the disgrace that would come to Turner. He was not de- serving of sympathy, Mir. Reese declared. Are American Citizens. | He said there had been some sneerine | during the trial at the term American | citizens" These negroes were American | citizens, Mir. Reese declared. and he had | too much respect for the jury to entertain l a thought that the jury would discrimi- nate between white men and negroes. The whole case. Mir. Reese said. nar- | rowed down to the judgment entry In the | record of the Mayors Court of Goodwa' l ter, and the subsequent contract between | Turner and Dunbar.
 | At this juncture, MT. Reese picked up the "confldential statement" of Dunbar. glanced over 1t, but continued his argu- ment without referring to Dunbar or the | statement.
 Cut out all other testimony, MT. Reese said, and merely admit that Turner held | the boy after he had worked out the fine, and Turner was guilty.
 | In conclusion MT. Reese said the jury should care nothing for the Northern press, the Southern press, or spectators | in the court room. If the jury conscien- | tiously found a verdict of not guilty. MT Reese said he would be satisfied, as the responsibility would rest with the jury. He believed the God-fearing people oi | Alabama desired to break up the nefart-
 ous practice that had besmirched the name of the State.
 | He asked the jury to strike down the powerful ones who struck at the human | liberty of the weak and helpless. I ItcCoc cpOh0 CAoSeS ShS AAON~ ~--N | the court took a recess of i've minutes when he concluded.
 l Judge Jones's Charges.
 | At 4:AO o'clock Judge Jones began his charge to the jury. leaning back in his chair and speaking slowly and deliber- 1 ately.
 "Gentlemen," said Judge Jones. ''you have been here for some days listening very patiently in the hearing of the case | -k-A ,NA frNN faRf. ! ance to a citizen of the United States who is on trial, and also to other citi' ! gems of the United States, who are rep | resented by that government.
 | "I sometimes think we are so familiar | with what we call courts, that we fail tc ] appreciate the solemnity of the duties | which devolve upon those who take part in the administration of justice. How Ii this tribunal constituted? We find 6 | Judge who is sworn to do his duty. and | in his oath he calls on God to help him | Next you find the attorneys who are of | ficers of court, and in the oath. they also
 invoke the help of God in the discharge | of their duty. Every officer of the court Il | sworn to do his duty by some oath, fir | which he calls on God to help him. Last. | ly. you find jury in a jury box taking | the same solemn oath. true verdict tC | render so help you God. What does al ! this signify7 It means, in your eases l that you, out of eighty millions of Amer ican freemen. and you twelve alone, em | body their conscience and power in ad'
 ministering their justice.
 | I need not tell you that justice is nc | respecter of persons. The solemn oaff l we all have taken calls God to witness that we intend, with his help. to dis
 charge that duty.
 "In a little while the Judge and the | criminal. the prince and the pauper. the | all rg | It matters not then who they were. how high or how low. The question when VI | go to the great beyond. is not who wt | were, but how did we discharge our duty | in our sphere while we were here below Servants of Law Only.
 Tt is often said that judges and juries | are servants of the people; but that is | true only in a qualified sense. They are servants of the law. and as the people | make the law. in that sense courts and | juries are servants of the people. Courts
 cannot consider what the people think or | say, or what they wish. unless the will of the people is expressed tn the laws, which the people or l dain for the government of the
 country. Then 1t is not for us to be gov lerned by what people on the outside may say or think. They can govern us only by the laws they pass. I refer to these | things because arguments of counsel have taken wide range, and in reference to criticisms in the press in parts of the country. When We come here we must put aside as far as we can. passion. pret- l udice, and partisanship, and try earnestly under the oath, "So- help me God" to keep out of mind and out of sight, any | personal, or race, or political passion, and | to do Justice as God has implanted the | sense of 1t in our hearts. So we must dismiss from our minds all the inquiry | about what others may say or think of
 the justice of @he verdict in this case,
 It must come solely from the law as ap-
 piled to the facts. If there were mob | of a thousand armed men on that street there who differed with us or attempted to dictate what justice should be in this case, if we are honest and true men, we
 should disregard 1t. and find whatever
 verdict conscience points out Is right. | You and I would be recreant to our duty | if we let any outside consideration on l earth move us a hairsbreadth In one way
 or the other.
 Are Not "Ex-oficio Citizens" 1 One of the counsel, speaking of one of these witness, who was confined at Fur ner's, said: I reckon they are citizens
 legally anyhow-sort of ex-officio citi-
 zens' Gentlemen, that is not the law. That is not the standard by which you are to go. You forswear yourselves If
 you so act towards themg They are cit
 izens by the same title that you and are citizens. If they were not citizens,
 they would still be person in the pro- lection of God and man and the law of | A