Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-16
PARDON IS GRANTED
cLEMENcY TO TWO MEN WHO
VIOLATED PEoNAGE Law.
The Judge Who Sentenced Them Urges
the President to Show Mercy and
the Latter Assents.

cas- f. Cosby, convicted Ut montgomery,
Ala, Of violation of the peonage law These
men were indicted for holding Pike Swan
son, colored, in a condition of peonage,
pleaded guilty on June 80, 1903, and on the
same day were sentenced to Imprisonment
for a year and a day in the United States
penitentiary at Atlanta, Ga. They have
been imprisoned ever since. and today were
released on telegraphic instructions from
the Department Of Justice.
During the month of June more than
eighty indictments against number of In
dividuals for violation of the peonage law
(Sec. 5526, r. 81 were returned by the
grand jury at Montgomery. and several
convictions were obtained, the sentences
imposed ranging from the minimum, one
year, to the maximum, five years.
Judge Jones' Letter.
The President granted the pardons in
these cases upon the earnest recommenda-
ton of Judge Jones, who sentenced the
prisoners. The letter of Judge Jones is
made public by direction of The President.
ITO the President:
George D. Cosby and Barancas F. Cosby
of Tallapoosa county, Ala. each pleaded
guilty to separate indictments on June 80.
1908 in the district court Of the United
States for the middle district of Alabama,
charging them with violation of section
5526 of the Revised Statutes of the United
States for holding Pike Swanson and
others to condition of peOnage and were
sentenced on the same day to imprison-
ment in the United States penftentiary at
Atlanta, Ga, for year and day. AS the
term of court which these sentences were
imposed has not yet expired numerous pc
titionS have been addressed to the court
to suspend the further execution of the
sentences. This explains why many Of
the petitions sent herewith are not ad-
dressed to the President. ] forward these
papers and applications Of the prisoners
for pardon
Purpose Of the Law Accomplished.
'The favorable recommendation now
made proceeds no idea that the SEN
tences were unjust, but solely from the con-
viction that the punishment already under
gone by the prisoners has accomplished all
the real ends of the law in these cases.
''The prisoners have undergone the hu-
initiation of Imprisonment IN the peniten-
tiary, the sting of condemnation by their
neighbors and associates and the wide pub
lcty- of their offense They have been sep
arated from their families and have worn
stripes. There is no ground for believing
that they will ever again, uider any cir
cumstances whatever, engage in like prac-
tees They attempted no ssdefense, but
pleaded guilty at the earliest opportunity.
They were contrite and admitted that they
justly deserved punishment The reform
of offenders themselves, so far as the law
contemplates that, has been completely ef-
fected by the punishment.
1.-The question Of pardon may, therefore,
be properly considered now. solely as re-
CARDS it's effect upon the administration of
justice and the public welfare. The law
has been thoroughly vindicated and the
evil against which 1t was directed, In these
communities, has been completely crushed.
Connivance with the abuses of corrupt
magistrates In that locality, in the exercise
of the power to hire out offenders for paw
small and often sham offences in order to.
reap profit for the hirer has heen thorough
ly exposed and broken up. It has met the
hearty reprobation of the breat mass of
the people in all walks of&life. The ex-
ample has been all sufficientSto deter others
from like offenses in the future.
The Evil Broken Up.
''The press, the pulpit. the bar and the
people at large, as well as those in Talla-
poosa county, have been outspoken in their
qualification that the evil has been broken
up and have heartily commended the
course of the authorities in dealing with it.
This spirit, as you will see by the accom-
panying petitions. actuates the people of
that county. who in numerous meetings,
have asked the pardon of the prisoners.
Among the signers of these petitions are
many negroes. They feel safe from any
repetition Of like offenses and Join with
their white neighbors in these petitions for
clemency, believing. in this instance, that it
will rebound to the public good. and smooth
the relations between the races. The great
body Of the people of Tallapoosa county
have, in effect, become 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 opfn-
ion. stronger even than the power of the
w IN md In he
future for justice and fair play to the weak
Granting the prayer of these petitioners
would recognize and strengthen these moral
influences, which, at last, are the only en-
during foundations of a reign of law.
cannot doubt that good would come from
granting the prayer of the petitioners.
Suffering Of the Innocent.
Apart from these considerations, there
are others which are deserving of weight
While the innocent must inevitably often
suffer with the guilty. such considerations
cannot be allowed to stay the hand of JUS
tice, until the ends of legal punishment have
been completely attained. When, however,
the punishment of the guilty has wrought
all the ends the law designs for the good of
society and individuals. venture to suggest
that the authority which has the power to
chaSten the harShneSS of the Law may then
well consider the weight of misfortune and
distress which will befall the innocent and
helpless by further punishnent Of the Of
fender"
Judge Jones appeals for the prisoners
families in the following words
The condition of the families of these
prisoners appeals keeny to the people of
their county. and has enlisted In their be-
half the efforts of many good people in all
parts of the state, who while; expressing
nothing but condemnation for the offense,
have in letters and personal interviews
strongly expressed the belief that it would
have wholesome moral effect under all
the circumstances. now to pardsn the pris-
oners. After much reflection ana considera-
ton of the matter unhesitatingly recon-
mend an immediate and unconditional par
don.''