The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-07-01
SENTENCES GIVEN
IN PEONAGE CASES
B. F. and G. 0. Crosby Plead
Guilty to Many Charges
YEAR AND A DAY IN PRISON
Defendants Hoped to Have Money
Fine Imposed, But Judge Jones Re-
fuses and Delivers Them
a Severe Lecture.
YEAR AND A DAY IN PRISON
BY z. e. kERsH.

BY {. {. kERSH.
Montgomery June So.-(special.) 1.-The
trial of the famous Tallapoosa county
peonage cases was again interfered with
today, when two more of the defendants
pleaded guilty to the charges and were
sentenced by Judge Jones to serve one
year and one day in the Federal prison at
Atlanta. The two men pleading and sem
fenced were B. r. Cosby and G. d.
Cosby. The former was indicted in six
cases for peonage and nine for con-
spiracy, and the latter in nine cases for
peonage and twenty-one for conspiracy
The cases against w. D. Cosby were
mol pressed by the district attorney be-
cause of the statute OF limitation. The
cases against the Cosbys were first called
at the morning session of the court but
on plea Of absent witnesses. a continu-
ance to tomorrow was granted.
Plea of Guilty Entered.
At the afternoon session. however the
two Cosbys decided to enter a plea OF
guilty. attempting to have Judge Jones
enter money fine or in case Of SEN
tance to Imprisonment to have the sem
tence suspended during good behavior.
This the judge declined and when the
two men, through their attorneys, final
ly entered plea OF guilty, they begged
the mercy of the court with fearful eyes,
claiming that they did not know that
they. We're violating the laws of the
United States.
This plea was the occasion of rather
severe iecture from the judge. When
ha
that you did not know you were violating
the laws of the United States can have
no legal weight, since every man is CON
clustvely presumed to know the law. 1t
lis. not entitled TO particle of moi al
weight in this case. because yb1 are
bound to know that what you did was d
violation of the laws of God and of the
state, regardless Of any law OF the Unit
ed States. Helpless and defenseless peo-
pie who are guilty of no crime have been
brought into court and by oollusion with
justices of the peace, who prostituted the
authority of God and of this state In the
administration of justice. have been de-
prived of their liberty, fined and forced
to work, and In some instances cruelty
beaten"
District Attorney Reese filed with the
court statements In each of the cases
showing what he expected to prove for
the government A fair idea of the gov
ernments contention may be had from
the following showing presented in one OF
the cases:
Charges In Full.
In case No. 4l1J United states against
@. ID. Cosby, charged with peonage upon
the body OF Lum Johnson. That this man
had sister named Rina Scott that she
had a husband named Dave Scott who
had been working at Mr.. PAGES farm
that Dave Scott ran away and that Lum
johnson, Ella johnson, Rina Scott, Ann
Scott and one or two other darkies were
arrested for harboring said Dave Scott;
that they were carried before j. NJ. Ken
nedy justice Of the peace. on PAGES place,
the said Kennedy was paid employee of
said Pace; that these negroes were arrest
ed because the Cosby's and Pace wanted
them as hands; that there was an UNDER
standing that the Cosbys were to get some
of them and that Pace was to get the
others; that the Justice was instructed not
TO place these cases on his docket; that
they were not actually fined, that no costs
were actually paid; that the prisoners
were made to believe. however, that fines
and costs had been paid by the Cosbys
and Pace and that they were made to
sign contracts with the Cosbys and Pace
carried to the farms of Cosbys and Pace
where they worked under guard, locked
up at night and beaten In most brutal
and cruel manner; that Lum Johnson was
one of the negroes.
How the Trial Was Worked.
That when his time was nearly up he
was rearrested charged with stealing po-
tatoes from Bob Patillo; that he was
tried before Jim Newal justice In
Dadeville, where Mr.. Cosby, pretending
to be the friend of Lum johnson. advised
him to plead guilty and take the lowest
fine; that he pleaded guilty, was fined ac-
cording to the statement OF Cocby, s18;
that said Lum johnson was not guilty;
that thereupon said johnson entered into
another contract and was carried to
George ID. Cosby's farm; that said j. M.
Kennedy tried some thirty or more cases
where he has turned the affdavfts over
to the United States attorneys office.
which cases were not placed upon his
docket.
That there were many more of these
cases that did not go upon his docket,
but the papers were stolen or abstracted
from the pocket of said Kennedy while he
was asleep in a room where the Cosbys
were; that on account Of the loss Of the
papers 1t cannot be estimated how many
darkies were held and tried In this way:
that w. d. Cosby was a justice OF the
peace in Tallapoosa county; that 1t was
the understanding that the negroes Pace
wanted were TO be tried before Cosby,
while those the Cosbys wanted were to
be tried before Kennedy that the charges
against the negroes were usually fictitious
and frivolous"
Pace, who Is mentioned In this state
ment, II will be remembered pleaded gull
ty recently to eleven charges Of peonage.
The conspiracy cases against him are yet
to be tried. Kennedy who Is also mem
toned, is under indictment, but 1t Is be-
pressed g-.3
The Cosbys denied many Of the more
brutal and serious charges made In the
statements filed by the district attorney,
but pleaded guilty to the main one.