The Montgomery advertiser., 1903-07-11

' who was overruIed
 | During the absence of the jury Colonel \ Bulger moved to exclude all evidence
 which showed that Glenny Holmes had
 been whipped. by other persons as 1t had
 no bearing on the trial of Turner. This motion was also overruled : \ The Jury returned to the court room and
 Colonel Bulger continued his argument
 He paid considerable attention to the evil
 dence of the witness Dunbar. He said
 the case must rest or fall on the testi-
 mony of this man who had tied negroes
 and sold them for gain and then told
 conflicting stories after joining the prose-
 cution The testimony of Dunbar. Col onel Bulger said, was supported only by I the two negroes. who were unworthy of
 boiler if they had done what they said they had done. He showed that the ne- groes had defrauded the contractor at | Calcis and were tramps when they were
 taken up at Goodwater. Col Bulger spoke of the references
 made by Mir. Sternfeld to Mayor D. M. White of Goodwater. He showed that
 Mayor White was only connected with the case except by the confidential
 statement' made by Dunbar which the
 District Attorney had been anxious to
 hold, said Mayor White was an honor
 able man, respected by his fellow citi- zens and had no interest in the case. The speaker appealed to the jury to
 know if they would not have done as Turner had done. The negroes were
 brought to him by Dunbar an officer of
 the law, who had started with them to IJ. W. Pace's place. A friend of the me- groes. John Parker, begged Turner to
 take them. Turner declared he could not take them longer than four months al- though the boys said they were willing | to work year.
 l Finally Colonel Bulger showed that Turner had proved his good character by distinguished citizens of Alabama, and he did not believe a man of good
 character would do what the government
 claimed Turner had done. Certainly Col onei Bulger urged the jury would find
 a reasonable doubt of the charge against Turner. All he asked me jury to. do was
 to bring in an honest verdict according Ito the evidence and the defendant would
 be satisfied.
 | Colonel Eulser closed at 1l:15 o'clock
 and Co. ,yiley immediately began the closing ..,.-.lent for Turner. Wiley Closed for Turner. | Colonel Wiley congratulated the jury that the tedious trial was drawing to a
 close. He paid tribute to the principle of trial by jury and reminded the jurors that they were occupying most respon- sible positions. He said the court room
 was sacred to right and justice and he appealed to the jury to eliminate all pre- judice wrom their minds and hew to the line regardless of the prosecution which howled about the building like dead ening simoom.
 He spoke of this being the first case of peonage ever tried in Alabama. The l Government had defined what peonage | is, said Colonel Wiley and the defendant
 was full panoplied to meet the charge. Colonel Wiley then reviewed the evil dence in the case from the time Glenny
 Helms, Dave Johnson and Esau VII Hams left Columbus, Ga, to go to Calcis, court room.
 He paid much attention Co the con-
 fiicting testimony in the oral evidence
 and the Confidential statement" of Dun
 bar. He showed how the "confldential
 statement" was wrung from the District
 Attorney.
 Then Colonel Wiley alluded to what he regarded as the remarkable conduct of
 Mir Sternfeld who had spoken 45 minutes criticiaing and trying to impeach Mayor White of Goodwater on the "confidential statement Of Dunbar. Mayor White, Colonel Wiley said. had been summoned as q Government witness. and MT. Stern- | field tried to impeach his own witness,
 who was an honorable man, on the testi-
 mony of Dunbar.
 l Read Dunbar's Letter.
 Col Wiley read the letter of Dunbar to
 Mir. Reese and declared that Dunbar had
 been promised immunity from prosecution.
 Colonel Wiley declared with great em-
 phasis that 1t was better for 1000 guilty men should escape than that one inno- cent man should be convicted upon the testimony of a self-confessed thief and a l self confessed liar.
 | "Who sold human fesh7" asked Col onel Wiley. Dunbar said he did it." | The evidence Colonel Wiley declared did
 not show that the three negroes were
 maltreated at Turner's place. They tes-
 tified that Glenny Helms was whipped. but Colonel Wiley said their testimony
 was not worthy of belief.
 Colonel Wiley said that if the negroes were unlawfully held by Turner they could have been released by habeas cor
 pus Mir Cosart, a lawyer. went there to secure their release and found they
 were legally held and he did not resort
 to the habeas corpus. He found they had | been convicted and were held by law. Honest negroes. Colonel Wiley said
 should be protected. but there were shift less vagabonds who took the money of farmers and violated their contracts just
 as these three boys had done and they
 should have been punished. If they were | 10 DC pEONeCtcU NIilo SCib OL tAiiie tAAO farmers of this country would be ruined. | If they had been In Vermont or New Hampshire they would have been locked
 up for vagrancy and put to breaking | stone.
 1 Colonel Wiley appealed to the jury not | to convict Turner if it was found that there was a reasonable doubt as to his guilt. His guilt must be certain If the | ofrense of peonage had been proved Col | had haaY1 | witnesses who were not credttable. \ It was shown by Colonel Wiley that the money paid to Turner by Hiram Helms for the release of his son Glenny Helms was to repay Turner for captur- | ing the boy when he escaped. The con- tract was voluntary Colonel Wiley con tended and Turner was not guilty of | wrong doing.
 Tn closing Colonel Wiley appealed to the jury to view the intention of Turner
 in holding the negroes; to put themselves fin Turner's place and ask themselves if | Turner did not think he was doing law fuI thing when he took the negroes. Colonel Wiley concluded at l o'clock | and the court recessed until 3:3O o'clock. Reese For Prosecution. The court reconvened at S:S0 o'clock and District Attorney Reese began the clos ! ing argument for the Government. Mr. Reese urged the jury to view the case without partiality. Turner. he said,
 according to the evidence. had brought re-
 proach upon the good name of the State | EN