The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-07-19
]. THOMAS HELM
TALKS OF PEONAGE
Secretary of State RoundIy
Scores Federal Judge Jones
CHARGE AN INSULT TO JURY
Jefferson's Orator Rldicules the Idea
of Peonage in Alabama and Makes
Seathing Remarks on Unjust
Criticism of the North.

Luverne, July Especial. lone OF the
largest crowds ever assembled in this
town was here yesterday at the reunion
of Confederate veterans. Camp Gracey,
and the Sons of Veterans, Camp Ben.
Bricken. There were more than a thous-
and people present. The speaker of the
day was Hon. J. Thomas Hefiin, secre-
tary of state. His subject was THE
Times" He spoke for one hour and a
half, and held his audience spell bound
from start to finish. There was laugh
ter and and tears. and old fashioned en-
thusiasm reigned.
The speaker scored Judge Jones on
his recent charge to the jury in the case
of Turner charged with peonage and
the applause was tremendous. At the
conclusion, old veterans. young men and
women rushed to Mr.. Hehlin, congratu-
latlng him on lie speech and especially
that part referred to Judge Jones charge.
Mr. Hehin said In part:
Alabama Unjustly Criticised.
alabama has recently received un-
just criticism in the north. few So
called peonage' cases coming from one
or two localities in the state, have given
the agencies Islander In the north an
opportunity to accuse the whole state of
Alabama. Cartoons of white men whip
ping negroes bound hand and foot with
leather straps, studded with taeks, have
been sent broadcast over the country.
Lies as black as midnight have been pub
lished regarding these 'peonage' cases.
| Despite the lies that have been published,
and the pandering of some to north
ern sentiment. wholly unpleasing and dis
tasteful sto the good people of this state,
the government of Alabama still exists.
and a 1ustice-loving and God-fearing peo-
pie still have control. l have always
loved the jury system. 1t is a mighty bull
warl1 against judicial tyrrany. 1t Is
strong guard around the peoples rights
and liberties"
THE federal constitution guarantees to
every citizen the right of trial by jury.
| and this is one of the dearest rights
vouchsafed unto the American citizen. 1t
| is one of the brightest jewels that graces
! the fabric of our civic system.
"A fair and impartial trial by jury of
ones peers, free from hampering infiu-
| ences and the frowns of intimidation Is
a blessed thing In this land of liberty
Discusses Trial of Turner.
Recently, in the Capitol City, the old
birth place of the eonfederacy, jury was
selected to try Fletch Turner, a white
man, and a good citizen of Talladegs.
county. charged with peonage. The gov
eminent offered it's testimony which
sought to establish that Turner had, with
out authority and against the will of
three negroes held them in a condition
of peonage. This, the defense denied, Of
fering evidence to the effect that the three
| negroes In question sent one of their own
color John Parker of Dadeville, to Tur-
ner requesting him to pay their fines
and cost and take them to his farm and
allow them to work it out, the negroes
having been fined in a court at Good
water for vagrancy.
1.-THE jury retired to consider the case
and if possible to find a verdict These
| jurors (some of whom l know to be
among the very best citizens of Ala
bama), acting under their oaths, failed
| to agree, some very few being, as / un-
! derstand 1t, in favor of conviction while
| the others maintained that Turner was
not guilty and favored a verdict of ac-
quittal. On Saturday afternoon they re-
/ ported to the Judge that 1t was impossi-
bic for them to agree, whereupon he de-
| livered himself of what l consider to be
charge wholly uncalled for and out OF
place. and it tended in my Judgment, to
intimidate. rather than TO enlighten, to
trespass on the domain of the jury and
to usurp its functions
Judges Charge Remarkable.
THE jurors were the judges OF the
facts. 1t was their province to deter
mine from the evidence the guilt or in
nocence of the defendant They did not
agree, made mistrial, and the farewell
address of the judge to them was, in my
humble Judgment, unparalleled In the
history of Federal courts In Alabama.
According to the newspaper report which
I presume is correct. he said; I had
hoped that this jury would be strong
enough to do its duty and reach con-
clusion.
."Those of you who have refused to
follow the instructions of the court have
in effect said to everybody in and out
of Alabama that In plain case where
there is not dispute as to law or the facts,
/ and no room for reasonable doubt, a
jury in one of the most intelligent dis
tricts of this state has divided and de-
clined to enforce the law for no other
reason than the base one that the defen-
dant is white man and the victim of
the law he violated is a negro boy
There were that jury old Confed-
crate soldiers who had illustrated on the
battle field the Hottest type OF loyalty
to duty. They needed no one to hope
In this instance that they would be
| strong enough to do their duty
What the Jury Thought.
"And as they sat on that jury listen
ing to those bitter, narrowing words.
they must have thought of other times,
of brighter and better days in Alabama.
and out of their heart of hearts exclaim-
ed: % the times Whittier are we drift
ing? Methinks they felt like saying, go
read Rudyard ISipling's Lord God of
| Hosts, be with us yet, Lest we forget.
| Lest we forget
"And finally, for the base reason that
the defendant Is a white man and the
victim of the law he violated is negro
"'Oh, wad some power, the gift to gle us.
To see ourselves as ithers see us,
'Twad from many an evil free us.
And foolish notion
Base treatment! Why, that Is Insult
ing to the manhood of those jurors who
believed in the innocence Of the defend
ent, and had the courage to stand by
their convictions despite anything that
might smack of threats and intimidations.
"Once upon a time. the eagle told how
the peafowl would strut, shifting his sides
with his wings so rapidly that the noise
resembled that OF distant thunder, that
he would spread out his tail like a fan
trying to appear lovely in the eyes of his
master. And lol 1t is rumored that another
appointment lies in the hollow of Ted
dy's hand.
sRathar cast mo hal lx in T3aran nfght