The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-09-17
Action Taken on RecOmme0-
datiOn Of Judge Jones
Who Passed Sentence
WILL HAVE WHOLESOME ;.
-
EFFECT IN The PICTURE
B4others Convicted of Peonase In raI,
ladega Have serveYd Part of SEN
tence and Their Families
Are Leftf Destitute.

:
Washington. September 16.-The presi-
dent has granted full and unconditional
pardons to Gqiorge D. and Barancas F.
Cosby. convie} tied at Montgomery. Ala,
of violation (bf the peonage law. These
men were II bdicted for holding Pike
Swanson in AZ condition Of peonage plead
ing guilty OH June 30. 1903, and on the
same day Were sentenced to imprison-
ment for a y3ear and day in the United
States penifentiary at Atlanta. They
have been Imprisoned ever since and to-
day were released on telegraphlc IT,
structions from the department of JUS
tice.
During thle month of June more than
eight indictments against a number o6
individuals Cor violation of the peonage
law were Ireturned by the grand jury
at Montgomery and several convictions
were SECURED, the sentences imposed
ranging f1om the minimum, one year,
to the maximum five years.
The preSident granted the pardons to
the abovf cases upon the earnest rec
ommendahon of Judge Jones. whc SEN
fenced THE prisoners.
In his Eetter to the president Judge
Jones says:
Judge Jones' Letter.
1.-THE favorable recommendation nov
made proceeds on no idea mat the SEN
tence was unjust but solely from the
conviction that the punishment already
undarCopa Inv he priaorars 10.
plished the r5al ends of the law in these
cases. y
THE prisoners have undergone the
humiliation of Imprisonment in the peni-
tentiary, the sting of condemnation by
their neighbors and associates, and wide
publicity of their offense There Is no
ground for believing that they will ever
again, under any circumstances what
ever, engage in like practices. They at
tempted no defense but pleaded guilty
at the earliest opportunity. They were
contrte and admitted that they justly
deserved punishment. The reform of Of
tenders themselves so far as the law
contemplates that has been completely
effected by the punishment.
Pardon May Be Considered.
"The question of pardon may. there
| fore, properly be considered now, solely
| as regards its effect upon the admnistra-
! tion of justice and the public welfare.
| The law has been thoroughly yindicated
and the evil against which 1t was direct
| ed in these communities, has been COM
| pletely crushed. Connivance with the
abuses of corrupt and magistrates in
that locality in the exercise Of power to
hire out offenders for the payment of
fines and cost of conviction for small
and often sham offenses in order to reap
profit for the hirer has been thoroughly
exposed and broken up. II has met the
hearty reprobation of the great masa
of the people in all walks of life. The
example has been all sufficient to deter
others from like offences in the future
Many Sign Petition.
Among the signers Of petitions for par
don are many negroes. They feel safe
from any repetition of like offenses and
join with their white neghbors in these
petitions for clemency, believing, In this
instance, that 1t will rebound to the pub
lie good and smooth the relations between
the races The great body of the people
In Tallapoosa county have. in effect be-
come sponsors for the good behavior of
the prisoners and the loyal observance 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 future for JUS
tice and fair play TO the weak
Granting the prayer of these petition-
ers would strengthen these moral infiti-
ences which. at last are the only endur-
ing foundation Of a reign Of law. | cannot
doubt that good would come from grant,
ing the prayer Of the petitioners.
Apart from these considerations there
are others which are deserving Of weight.
Families Destitute.
George d. Cosby has a wife and six
children, the oldest a girl of Il and the
youngest a baby born since his imprison-
ment. His wife is sick and quite feeble,
and Barancas Cosby has a wife and two
children. and his wife Is now about to be
confined The prisoners are men of small
means and left their families no support.
The families Of the two Cosbys have been
moved to the home of their father-in-
law. an infrm Confederate soldier now 10
years of age.
They are dependent upon him for sup
port, when he Is hardly able to care for
his own family. The condition of the
families of these prisoners appeals keenly
to the people OF their county and has en-
listed in their behalf the efforts of many
good people in all parts of the state, who,
while expressing nothing but condemna-
tion for the offense. have in letters and
personal interviews strongly expressed
the belief that 1t would have a whole
some effect under the circumstances,
now to pardon the prisoners. After much
reflection and consideration Of the matter,
/ unhestatingly recommend an immedi-
ate and unconditional pardon"
-s.--
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