The Montgomery advertiser., 1903-07-10
 Testimony Concluded and Argument Begins. !. WITNESSES FOR DEFENSE Testify to Good Character of Peonage Defendant. Lawyers Will Finish Argument This Morning and Judge Tones Will
 Charge Jury-Rranklin Case Comes Next.

Testimony in the case or Fietcher TUT ner Of Tallapoosa County, charged with peonaee, on trial in the United States Dis trict Court, was concluded yesterday and two spsechsa were made to the jury The argument will be completed today and a verdict may be ssturnsd.
 AS soon as tn TVrner case Is nnisned' the court will take Sp the case of Robert ". Franklin of Gooawster. which was set for yesterday.
 Eight witnesses for Turner were ex- amined yesterday, the line of defence pe- ing that Turner made contract with the negroes to pay their fines and costs, they to work 1t out on his farm. Five prom inent citisens ef Alabama, including Sec retary of State J. Tom Hefiin. testified to the good character of Turner. The de- fendans did not go on the witness stand. Owing to the illness of Juror Warren, the court at o'clock yesterday afternoon recessed until o'clock this morning. while Mir Lackey was arguing the case before the jury. This morning Mr. Lackey will conclude hts argument and speeches will be made by Col. T. L.. Bulger of Dadeville and Col. A. A. Wiley of Montgomery for Turner. District Attorney Warren 5. Reese viii close the argument.
 The court did not convene yesterday morning until ehortiy after 10 o'clock owing to the absence of Juror A, M. Cameron of Macon County, who explained to the court that he had overslept him self and was excused for his tardiness by Judge Jones.
 Defendant's Witness Called. The government having rested It's case Wednesday evening J. l.. Prifoy, the nrst witness for Turner. was called. Mr. Purtfoy was former cashier of bank in 0oodwatsr. He Is now employed in g Birmingham bank.
 Mr. Purifoy corrobOFated the testimony of 2. c. Dunbar so far as 1t related to his having travelled from Goodwater to Dadsville with Dunbar while he had charge of the three negroes Glenny Helnls, Dave Johnson and Esau Williams. Ths witness contradicted many of the main points in the testimony of Dunbar. He said when he and Dunbar and the negroes reached Dadeville they went in a three-seated vehicle from the depot up town. He was not present when the con- versation between Dunbar and Turner as to the sale of the negroes took place. His recollection was that Turner said Bome' thing to the negroes while they were in the vehicle. DuDbaR had gone up the street.
 On cross -axamination District Attorney
 Reese produced an affidavit made before United States Commissioner ]. A. El- more on May B by Purifoy in which Pu- Fifoy awore Dunbar took only two ne- Rroes to Dadevilie and that they were yim Caldwell and Herman Patterson.
 This statement was shown to MT. Pu- FIfoy who identified his signature. He explained the apparent discrepancies in made a mistake as to the names and number of the negroes He said he was mixed because he attended the trial of two negroes ln Goodwater about Q week before he went to Dadeville and had used thelR names instead of the names of the other negroes.
 Purifoy's A1Hdavit. The sworn statement made by Mir. Pu- rieoy on May i3 was introduced as evil dence by MT. Reese. It was as follows: Personally appeared before me, J. A. Fillmore, United States Commissioner, J. l.. Purifoy, who, being nrst duly sworn, doth depose and says as follows: "Frequently when started home Dun- bar would walk as far as the railroad with me One night, out of the ordinary, saw two negroes down by the gin house
  asked John. What does this mean? He
 went down and said: You boys come on with me- They came up to where I was standing. and I went through both of them and found on ono a pistol and on the other a FaSoP do not know which had the pistol or which had the razor. 1t made so little impression upon me. We took them to the lock-up. walked a block with them and afterwards went on home. was & witness in court to sub
 stantiate the fact that they had weapons, and the nature of those weapons. After conviction Dunbar asked me to go down to Dadeville with him. I had a darkey with me. Virgil Smith. and he told me something about selling negroes. and I sald, If they are selling negroes will go down there and see about it. In the meantime Dunbar had wired ahead for a conveyance. went down to Dade- vile. The two negroes were Jim Cald- well and Paterson. We got up town in Dadevtlle and Dunbar said: Hold on; I think see Pace. We were in a three seated arrangement. After a while MT. Pace and Fletch Turner came up. and they asked the darkeys to get out of the hack l remained seated in the hack fin the street. They went over to the livery stable. the side of the stahIe, and stayed down there for some time. Fletch. Pace and Dunbar and these negroes. Finally the darkles and Fletch went off, and Dun bar went up town. When he came back from up town he said to the driver. You can go' After we got to town I asked, What have you done with the negroes? He said, Turner has got them.' did not ask him what he got for the darkies, what he sold them for, or anything about h.
 When near home said, What did you get for the darkies, anything? He said, No. nothing more than the fine and costs That is the only time ever was in Dade- vile. I do not think it Is true that Dun bar showed me any money on the way back from Dadeville, nor did he tell me what he had received for the negroes. never made c trip to Calcis in my life.
 Pur4foy's Eyes Opened.
 "I did not go over to where the trade was taking place between the negroes and Turner. because Dunbar had asked me to remain in the hack until he return cd.
 The night of the day after we returned from Dadeville remember having a talk with Dunbar. and I put the question to him pretty straight-standing at an oak in front of MT. William Chapman's resi- dence, said. John, what did you get for those negroes? My recollection Is that he said $19 for two. I think we had stood there and talked for an hour, and was talking to him about this thing. the reported sale of the darkies. and if ever asked him how he justified it, it was standing under the tree that night. His reply was something like this: I don't remember what my question was. but I think asked him, Do you think it was rightr And he replied, the reply he