The Montgomery advertiser., 1903-07-03
BURNERS SAY
 NO SUCH LAW Peonage Defendants to Fight Cases. THEY FILE DEMURRERS contended That OffenSes Are
 Not Criminal. Cases VIII Come Up for Trial Next Monday-The Two Cosby
 Leave for Atlanta
 Penitentiary.

Demurrers to indictments charging AL len Turner and Fletcher Turner of Tal- lapoosa County, with violations of the statutes. were filed yesterday in the United States Court by counsel for the Turner's.
 The cases will come up for trial Mon- day in the United States District Court before Judge Thomas c. Jones. The de- murESrs are identical with those filed In the cases against ]. W. Pace, which were not ruled on by the court, owing to the plea of guilty filed by Pace.
 The demurrers prepared by the lawyers and filed with the court are as follows:
 "The defendant demurs to the first count in the indictment upon the follow
 T. alleged in said count that q system. lage existed in the Md de District of Alabama at the time of the alleged offense.
 ''2. Said count charges no offense against the laws of the United States.
 'S. Uniawfuily and knowingly holding a person forcibly and against his will and requiring such person to labor for the holder to work out a debt claimed by the holder to be due him from such per- son as set up in Eaid count, does not constitute holding such person to a. con- dition of peonage under the laws of the United States.
 4. There is no allegation in said count that a system of peonage similar to that which existed in New Mexico. March 2. 1887, existed in the Middle District of Alabama at the time of the alleged of- fense. e
 '.5. It is not alleged in said count that the alleged peon owed the defendant a valid debt.
 ''6. It is not averred that, any contract existed between the alleged peon and the defendant by virtue of which condi- ton of peonage arose.
 'T Said count does not show the kind of service the alleged peon was required to perform.
 .'s. Section 5s2s. Revised Statutes of the United States, under which said count was framed is unconstitutional and void.
 '9. Said count does not aver that the alleged service of the alleged peon was voluntary in its inception.
 no. Said count does not aver any facts showing that a condition of peonage ex- isted in said Middle District of Alabams at the time of the alleged offense.
 "The defendant demurs to the second count in the indictment upon the follow ing grounds. to wit:
 T. Said count nowhere ayers the name of the person whom the defendant Is al' legged to have caused to hold to the al legged condition of peonage, nor does Il aver that the name of such person wal to the grand jury unknown. ''2. The defendant adopts as grounds of demurrer to said second count of said indictment, grounds numbered, one, two four. five. six, seven. eight, nine and ten, assigned to the first count of said indictment"
 The filing of these demurrers is taken to mean that the Turner's will make a legal fight of the cases against them con- tending that they have not violated the laws of the United States.
 Judge Jones has not ruled on the de. murrers.
 Fletcher Turner is a weli-to-do farmer of Tallapoosa County. He operates a large plantation four miles from Dade- vile, and leases prisoners convicted under the ordinances of Dadeville. Allen Tur- near is his son.
 George D. Cosby and Barancas F. Cos by. who pleaded guilty and were sent enced to one year and a day in the Att lanta penitentiary. lefe for Atlanta yes terday morning in charge of Deputy Mar shals A. B. Coiquitt and Hiram Gibson.
 A number of negro witnesses who have been in Montgomery for the Government. left yesterday for Tallapoosa County.