The Montgomery advertiser., 1903-07-25
CHARGED BY JUDGE JONES.
 JURY HAS FRANKLIN CASE
District Attorney Reese and MT. Lackey Spoke Yes terday-Jury is Said to Stand 10 for COnyic-
 ton, For AcQuittal.

The jury of the Federal Court is delib- erating upon the evidence in the case of Robert N. Franklin of Goodwater, charg- ed with peonage.
 After several hours deiiberation, the members of the jury retired last night at Il o'clock without reaching a verdict It is said ten members of the jury stood for conviction and two for acquittal. It was thought last night that verdict would be reached today.
 The case against Franklin was sub mitted to the consideration of the jurors trying the case yesterday afternoon short ly after o'clock, after charge by Judge Thomas G. Jones, which counsel for both government and defence announced them selves entirely satisfied with.
 In the morning session yesterday w. M. Lackey, chief counsel for the defence, submitted his argument to the jurors and during the afternoon District Attorney Warren S. Reese closed the arguments for the government. Neither the argu- ment of MT Lackey nor the speech of Mir. Reese contained any of the sensa- tional element which marked the efforts of Assistant District Attorney Sternfeld and MT. D. H. Riddle. MT. Lackey dealt solely on the law and the evidence which pertained directly to the guilt or inno- cence of his client He held that the government had failed entirely in show ing that the servitude was involuntary He referred to the Riddle instance only in that he said that the jury was not try ing Riddle but was trying Franklin. He insisted that Couse was responsible for the change of the dockets. and 1t was on his suggestion that Riddle and Frank lin came to Rollins in reference thereto.
 After MT. Lackey concluded, court took a recess until 3:30 o'clock. when District Attorney Reese began his argument. MT. Reese took up the evidence piece by piece discussing 1t fully. and it's relative i'm portance on the case. The only state ment of MT. Reese which bordered on the sensational was declaration that Riddle was morally as guilty as the defendant. He declared the proceedings in the justice court absolutely void, whether Couse had authority as justice of the peace or not. The negroes in going to Faces, he declared. were choosing between two evils and accepted that as probably the lightest. Their going there was far from voluntary. MT. Reese appealed eloquent ly for conviction on grounds of humanity and for the preservation of healthy so- cial conditions.
 When Mir Reese closed, Judge Jones charged the jury. The charge was inn partial as representatives of both sides announced last night. His words were elo- uuent and the entire status of the law
 
 the duty of jurors, the credibility of wit nesses, etc., were fully reviewed.
 He announced at the conclusion of the charge that the jury could either go to their hotel or begin their deliberations. They chose the former course, and in the court room they last night deliberated over the evidence.
 The other petit jury drawn was dis charged until this morning at 10 o'clock.
 Gentlemen-You have heard the indict- ment read, and l will not re-read it. The main points with which you are con- cerned is whether 1t is true or false The charge made in that indictment is that Robert N. Franklin, in Tallapoosa County! Mlabama, sold the body of Pat Hill,, withept his consent, to one Pace of Tallapoosa County, and then and there forcibly. and against the will of said Hill. and without authority of law. caused him to be held to a condition of peonage against his will and by force. for debt claimed to be due from Hill.
 The first thing you want to know Is,