The Montgomery advertiser., 1903-07-12
JURY FAILS TO AGREE:
 CHARGED AGAIN BY JUDGE

wilfuiiy. under claim of an obligation or debt he held against Helms, growing out of an advance to pay the fine ant | costs and what Helms himself agreed tt do. and to liquidate this obligation, forced
 him to perform labor against his will. | You have no more right to arbitrarily | reject evidence and say you won't be. lieve 1t, particularly when. as here, 1t is | not disputed, not unnatural or improb- able, proved by the testimony on both sides. and all the material parts of the ! testimony are admitted by the defense, and claims made upon its truth before the court and jury by the defendant than the Court has to say that 1t will not obey a decision of the Supreme Court of the United States or of the Circuit Court of Appeals, because 1t did not be- l lieve 1t to be the law, or did not want | to do its duty and enforce 1t. You have the physical power as jurors to declare by your verdict, in the face of the law l and the evidence, that a guilty man is innocent; but you have no more moral or ! Kill one another. Whenever a jury does ] such a thing. 1t violates it's oath. betrays a sacred trust, introduces mob law into the very sanctuary of justice. and strikes at the foundations of civilization. hope for your own sakes that this will not happen in this case. tell you. so that you will understand the matter thorough ly. that the court has no power to fine or imprison you, if you render a verdict contrary to what the court charges you is your duty. upon the admitted proof, on the undisputed evidence In this case In such a case, the Court can only de- clare its reproduction of such conduct, and leave the act of the jury to be condemned by God and their fellow men. If the Court had the power to punish the jury for not returning a particular verdict, it would not use it. It is better for the safety of our institutions, that jury turn guilty man loose in defiance of the law and the evidence, than that any one man, no matter who he Is, should have the power by fine or Imprisonment or force, to compel a jury to render a verdict of guilty against a citizen.
 Appeals to Manhood.
 The Court does feel impelled under an earnest and solemn sense of duty as to the verdict you ought to render in this case, to appeal to your manhood, your sense of justice, and your oaths, not to declare that jury in the Capital of Alabama, would not enforce the law of the United States. because 1t happened that a negro is the victim of the violated law, and the defendant is a white man, or because 1t may be disagreeable duty to you. If you do such thing. you are perjured before God and man.
 The character of a just verdict is de- termined solely by the facts and the law of the case. If you evade that duty or decline to discharge 1t. you infiict a grievious blow upon law and order and justice There is not a man on the jury who can give a scintilla of reason for disbelieving that this boy Helms was carried to Turner's place. kept there by Turner, by force and against his will, in order to work out a debt or obligaton which Turner claimed against him, until Helms's father paid what Turner claimed to be due. on account of the obligation incurred by the advance to pay the fine and costs and that under the law given you this constituted the holding of Helms to condition of peonage, wilfuily and knowingly. against. the statutes of the United States. Return to your delibera- tions. and see if you can't perform your duty.
 Colonel Wiley Excepts. Colonel Wiley: Your Honor will give us an exception?
 The Court; To the whole charge7, ., Colonel Wiley: Yes sir. ..4. The Court: made that arraneement yesterday, but now prefer you should except to the part of the charge to which you object. Colonel Wiley: We except to that part of the charge in which you intimate to the jury if they believe the evidence the defendant is guilty, and If they failed to | do their duty they are perjured. The Court: Very good; that is un- questonably good in law and morals, and note your exception.
 About o'clock the jury notified the court again that they desired to see the | court, and the jury was then brought in The Court-Gentlemen what can the | court do for you now?
 The Foreman-We wish to know what
 disposition the court will make of the
 jury. We are unable to agree upon 6 verdict
 | The Court-The Court. while earnest and \ frank with the jury, desires to treat fl
 with the greatest respect and considera | ton; for 1t Is as much part of the cour
 as the Judge. and the court does not de sire to subject you to any inconvenience, | which can be avoided. The attorneys fo,
 the defendant not being present, the cour
 Will say nothing to you now in any way
 about the law or the merits of the case
 It will say to you, however that 1t re | trained, as Is often done in a case of thi
 importance, from keeping the jury togeth
 CT while considering the case in order t, | spare you all the inconvenience it can I | will only repeat to you the caution tha
 It has heretofore given, which think l ought to say to you. there is good reason
 for giving you. not to allow any one t.
 talk to you, or to have any communica
 tons with you, regarding this case. Yo,
 can now disperse, and return to the fur,
 room at 10 o'clock Monday morning.
 Several members of the jury stated tha
 they desired to go home, and that thei
 trains did not arrive here until Il o'clocI | Monday.
 The Court-very we'll gentlemen. yo,
 can go home. and the court will not ex
 pect you back Monday, before your trail | gets here.a
 MT. Turner. who was in the court room
 then stated he desired to go home. Tn,
 court told him there was no need of hi
 remaining over Sunday. but that he mus
 return Monday morning.
 Disposal of Other Cases. It is probable that the court will taks up the other cases against Turner Mon, day morning.
 | When the court convened yesterday l morning one of the cases against Robert W. Franklin was called and W. M Lackey counsel for Franklin, moved that 1t be continued for the term. The motion was overruled.
 MT. Lackey then requested that the case be continued until Monday of next week. as he would be engaged in a mur- der case this week.
 Under the circumstances. Judge Jones said. as he was informed that Mir. Lackey was Franklins only counsel the case would be reset for June 20.
 Colonel Bulger then requested the con N4 nfh FN..