The Montgomery advertiser., 1903-06-23

indictments had also been returned against J. wilburn Haralson of Dade- vile and J. G. Dunbar. formerly City Marshal of Goodwater, but now of Co., lumbus. Ga. Neither man. he said, had been arrested.
 It will be remembered that Pace. in an interview, said he had secured negroes from Dunbar.
 Since the peonage investigations began Dunbar notified the Federal authorities that he was living in Columbus. Ga., and would surrender himself when 1t was de- sired. He came to Montgomery yesterday morning and when his name was called he appeared before the bar.
 Judge Jones ordered that Dunbar be re- quired to make $OoO bonds in each of four days, which he did later in the day.
 Haralson did not appear In court yes- terday.
 The grand jury has returned ninety-nine indictments as a result of Investigating conditions in Coosa and Tailapoosa coun- ties, and nearly every one of them is against the fifteen defendants already age conspiracy to seize persons and hold them in peonage, and kindred charges. There are twenty-two indictments against J. w. Pace, alone.
 When the formality of recognizing" the defendants was concluded. District Attorney Reese moved that the court pro- ceed to set the cases for trial, and that the cases against J. W. Pace be set first.
 MT, Bulger asked that the cases be set for next week. instead of at once.
 At 12:S5 o'clock the court recessed to give the lawyers an opportunity to con- suit over the most agreeable time for be- gfnning the trial of the cases.
 Spoke for Continuance.
 The court reconvened at i:6S o'clock and District Attorney Reese announced that the lawyers for the defense would urge which Judge Jones replied that they should make a showing.
 Mir. Lackey addressed the court in sup port of the motion for a continuance. He said that most of the defendants were farmers and unless they could secure Q continuance for fifteen days their crops would be ruined.
 Last year." said Mfr. Lackey, 'their crops failed and they hope this year to ter of fifteen or twenty days will deter mine whether or not their crops will be a success or 6 failure"
 Continuing Mir. Lackey showed that not only were all of the defendants farm CTS but all of the witnesses were either farmers OF farm laborers.
 'If." said MT. Lackey. these cases are to be tried now all of the farmers and their laborers of a section of TaIlapoosa County will be taken from the fields for an indefinite time and these defendants and their wives and children will suffer. It might be said that these defendants are accused of crime, but the burden falls equally as heavy upon their neighbors. The forcing of these persons to trial now will deprive them and their neighbors of the benefit of their crops and reduce the women and children of an entire section of the county to want"
 Mir. Lackey said If this was the last chance the government had to try the cases it might be said that the ends of justice demanded speedy trial It had not been the custom he said, of this court to force defendants to trial at the same term as the indictments were returned.
 There have been no such offenses in this court before either," interposed Judge Jones quietly.
 That may be true" quickly responded MT. Lackey unabashed, but there prob ably have been worse offenses here. am not familiar with all indictments that have come before this court"
 Reese Replies to Lackey.
 District Attorney Reese replied to Mir. Lackey. He said it would suit the con- venience of the court and the District At torney's office for the cases to go over to the next term of court. But. said MT. Reese, the government was under con- siderable expense to keep the witnesses together.
 MT. Reese declared that the government had had many witnesses in Montgomery two months at its own expense.
 '"The government is holding these wit nesses here" MT. Reese continued. If the witnesses were allowed to leave here 1t would amount to a dismissal Of these cases"
 In conclusion MT. Reese urged that the dates for trials be fixed. suggesting that some of them be set for trial next week and others for trial the week beginning July 6. He also dwelt upon the peculiar gravity of the case.
 MT. Bulger argued for a continuance and answered MT Reese. The District Att torney, he said. had spoken of the occult arity of the cases. This he admitted was true and urged that the very peculiarity of the cases made 1t important to the de- fendants to have time for preparation. The government alone. he said. was not to be considered. The enormous expense to the government. he declared. was no req son to urge that these persons be deprived of time to prepare for trial He. too, dwelt upon the crop conditions and urged the court to grant a continuance.
 The District Attorney showed that the defendants had received ample notice. They had been notified three weeks ago, he said, that the cases would be called yesterday.
 The deplorable conditions of the defend ants SO well described by the lawyers for the defense, he said, had been brought upon their clients by their own acts.
 May Influence Witnesses.
 ''The witnesses in these cases are poor and are easily influenced" said Mir. Reese significantly.
 :. 'Tt the cases are continued until the next term of court they would not be here. The ends of justice would be de- teated.'
 Judge Jones then denied the general ap- pllcation for a continuance. He said so far as the general proposition for a con tinuance was concerned the court could not agree with counsel for the defense. The court, he said. would endeavor to see that no man should suffer unnecessary hardshps
 These cases" said Judge Jones, speak ing earnestly, involve great deal to the defendants and a great deal to the gov ernment. Under these circumstances 1t does not seem to the court that all of the persons would be inconVenienced or make sacrifice
 Judge Jones satd that all power of the court would be used to see that the de- fcndants had impartial trials, and the eases would be set so that there would be no oppress!on IL did not seem to him ttat the trials would depopulate a whole section of Tallapoosa County as there are but fifteen defendants and the cases would be set at different times.
 ''The court has nothing to conceal. gem