The Montgomery advertiser., 1903-07-22
Cous Takes the Stand.


 At } o'clock Court reconvened and w H. Cous was summoned by the Govern ment. The witness Is a small man of open countenance and although all his answers were quick and in no way con- tradictory. he was evidently highly ex- cited throughout his testimony. He was on the stand over an hour.
 His testimony was in brief that he lives at Rollins. Clay County. Witness Is a lumber inspector in the employ of the Sample Lumber Company. and he is also Notary Public and ex-officio Justice of the Peace. Witness tried Pat Hill and four other negroes in a Tease in which the Sample Lumber Company was plaint- if. The negroes were brought to Rollins by a negro labor agent whose name the witness did not recall. The negroes were sent down a railroad track to work Tor the lumber company. They had been brought from Roanoke at the expense of the lumber company. The men stayed at the camp less than q day. On being ad- vised that the negroes had Jumped their contract, the witness wired Robert N. Franklin to arrest the negroes and bring them to Rollins. The negroes were ar rested and brought from Goodwater to Rollins, to appear before him in ms Ca pacity as Justice of the Peace.
 Here Judge Jones interrupted the wit ness. Didn't you say" said the Court. that you are an employe of the Sample Lumber Comr any?" "Yes, sir" was the answer. And you acted as Justice of the Peace in this case?' Yes, sir"
 The witness then swore that the ne- groes were brought from Goodwater by Franklin and a Gcodwater constable named Pruett. case styled Sample Lumber Co. Is. Pat Hill'' was docketed on his civil docket. judgment was en- tered against each negro for S5 and costs for the loss to the company through mon- ey paid out for the transportation Of the negroes from Roanke to Rollins. and the board of the negroes.
 Docket Was Changed.
 The fine and costs were paid him by Franklin by check for $27 or $29. the wit ness could not recall which
 MT. Cous then swore that after the in- dictment of Franklin, he was called on by the defendant, who informed him that he had been indicted for assisting in holding Pat Hill in peonage. He asked the witness to show him the record of the case. He also received call from D. H. Riddle. counsel for the Sample Lumber Company, who Is also associate counsel for the defence in the peonage. cases Riddle informed him that the case should have been entered on the criminal docket instead of the civil docket and advised him to change the entry. Under advice of Riddle he had a new docket printed. The lawyer advised him to destroy the old docket, but the witness did not comply with this advice.
 A new entry was made in the Pat Hill case, which was dictated to the justice by Riddle. Here the new or "the fcti- tious docket" as 1t was termed by As- sistant District Attorney Sternfeld. who was conducting the examination, was in- troduced in evidence.
 The witness swore that a cost account of 50 cents for issuing the warrant was ent ,red on the docket by him on dicta- tion of the counsel for Franklin. He also swore that no warrant was ever issued.
 Other cost accounts which were sug- gested by Riddle were sworn to be spu- rious. The witness never received any costs in the case.
 Franklin Sent Check.
 Two days ago, the witness swore, he was paid S25 by check by Franklin. This amount. the amount of the fine, which was entered on the new docket. had never been paid. only the $27 judgment, which the justice turned over to the County Treasurer. He had told Franklin that this fine would have to be paid be. fore he could swear that the entry was correct. The check was introduced as evidence.
 Since tho trial began. the witness swore that he had been approached by Riddle. who told him that 1t would not be perjury to swear that the entries on the new docket were correct. He had also talked the matter over with Franklin. who had asked him to swear to the truth.
 w. M. Lackey. chief counsel for the defence. then took the witness. Cous swore that he had been a justice of the peace two years. but that he knew little or nothing of Alabama law. At the time ne fined the negroes s and costs in civil case, the witness was of the opinion that he could do this and turn the money over U the lumber company. Later he was informed that the money had to so over to the County Treasurer and the other $25 was paid to cover what was owed by the negroes to the lumber com pany.
 On cross-examination by MT. Lackey, the witness swore that Mir. Riddle had told him to swear to the truth, but had suggested that to swear to the correc- ness of the new docket would not be fs lse.
 The witness was then allowed to come down, but was immediately recalled. He testified that he was under indictment in the Northern District for intimidating q witness in reonage cases.
 J. W. Pace Testifies.
 John w. Pace was then called to tes tify for the Government.
 Mir Pace swore that he remembered the occasion, when Pat Hill and four other negroes were brought to his farm i,y Robert N. Franklin. The date wag April 3. 1902. He was told by Franklin that th, negroes had been c'n ''c' q Of fal,e pr tense and fined S25 each. For the negroes he paid Franklin $1275O The checks with which Franklin was paid was introduced in evidence. MT. Pace testified that Pat Hill was on his farm about ten months, was imprisoned at night and worked un- der armed guard. Hill attempted to es- cape, but was recaptured.
 The court then took a recess until 10 o'clock this morning, when the examina- tion of witnesses will be resumed.
 Thus 1t seems that the winds blow in directly opposite directions from the cen