The Birmingham age-herald., 1903-07-21

was not a case of a mere advance to pay the fines and costs, but a speculation by the purchase of these negroes without any care for their rights, induced by desire for gain and not for charity This was moral as well as legal peonage. stated to the jury on the former trial the court believed that Dunbar did tell Turner that the three boys were convicts. but nevertheless 1t was a case of buying and selling in order to make profit I stated to the jury upon the evidence on the trial the court believed that Turner had noth- ing to do with the Kidnapping of these boys. though he must have known that he could not hold them in violation of the law of the land. For the reason stated will not impose harsh punishment. l will impose the lightest sentence the law al- lows, and may suspend some of 1t and al- low time for the payment of a part of it.
 Wants to Break Up Practice.
 ''rhe main object the court has is to break up a practice in the future It is not hard or unjust exaction to demand of man when he hires another, who is in bonds, to make some inquiry as to what onense and for what amount he has been fined and not to speculate upon his mis- fortunes. If he does not make inquiry and deals with him for a profit, although he may not have known that he was violating the statute of the United States ne IS properly punished in such a case from both moral and legal standpoint '
 Turner was then called up for sentence and being asked the usual question, said that he had nothing to say, that his counsel had spoken for him.
 Judge Jones then said: ssThe sentence ot the law is that you be fined 5000 and stand committed until your fine is paid Your counsel and the district attorney can arrange the payment and you may go. 1T the court did not believe that this IS case of moral as we'll as technical peonage it would not have passed sen tence. It does not desire to see anv ono suffer unjustly. I am told by people in your community that you are an honest man and comply with your contracts. You dsclalm any personal knowledge of any cruel treatment to these men and insist if was inflicted without your knowledge or consent. V.
 Is Legally Responsible.
 When man puts others lawlesslv in Tn the power of his agent he Is ,norall,, and legally responsible for what thev do trust this will be the end of these trans actions in the future and that you will go pack home and regain what you have
 thiih IL proper further to tell you that In giving the charge to the iurv as to what their verdict should be upon the undisputed evidence in the case that old not feel any personal unkindness to- "arus you but was actuated solely bv high sense of duty. l will never. when It can be avoided, try a defendant who believes that personal i'll will exists to- Warus nm on the part of the court. ',e5 sneleiore toio your counsel that the plea need not be put to avoid trial before a judge who had expressed an opinion on the undisputed facts since I would try to have another judge preside in the next trial. You have undergone the trial of a trial before the court and have been nut to heavy expense beyond the fine. Under the circumstances the court thinks con viction In indictment as to one of these boys is sufficient and is therefore willing that the indictment as to the other two boys be mol pressed. As agreed upon bv your counsel and district attorney
 The court will take up the case of Rob- ert Franklin tomorrow morning