The Montgomery advertiser., 1903-07-01
YEAR AND A DAY EACH
Tallapoosa County Farmers
 Admit There Was < Conspiracy.
Abrupt Termination of Cases After Jury Had Been Organized for " Trials--Next Cases Come
 Up on July 9th.

The pending trial in the United States District Court of the peonage eases against George D. Cosby, Barancas F. Cosby and ". D. Cosby, well known farmers of Tallapoosa County. came to | an abrupt termination yesterday after- noon. when George D. Cosby and Baran- cas F. Cosby pleaded guilty to all or the charges and were sentenced to one year and a day in the Atlanta penitentiary oy Judge Thomas c. Jones.
 All of the cases against W. D. Cosby were mol pressed oy District Attorney Warren S. Reese, as 1t appeared that | they were barred by the statutes or hm- itation.
 There were six cases of peonage and nine cases of conspiracy against Baran- cas F. Cosby and nine cases or peonase and twenty-one cases Of conspiracy against George D. Cosby.
 The District Attorney flied with the court statements of what the Govern ment would undertake to prove in eacn of these cases and the two Cosoys pieao- ed guilty to the charges. at the same tune protesting that they did not know they were violating the law and that they were not guilty of cruel treatment or ne- srees charged by the Government.
 The sentences of the court will run com currently and the two Cosbys will De re- leased from the Atlanta penitentiary when they have served one year and day. They spent last night in the Mont" Romery County jail and will probably De taken to Atlanta today.
 Preparing for Trial.
 The trial of the Cosbys was set for yesterday morning, but the court did not convene until o'clock as some of the witnesses failed to reach Montgomery on the morning trains.
 As soon as the court opened the tales men summoned were called and took seats in the jury box. They were the foi- lowing: w L. Sellers of Bullock, Joseph Rudolph of Lowndes. J. Q. rram1ueH or Chambers, G. B. Hall of Eimore, J. T. Burnett of Elmore.O. A. Clapp of Mont Romery. John Chitders of Pike. Dan Johnson of Geneva. Henry Duggan or Covington. John Woodham and w. Il. Edwards o Lee
 Judge Jones excused Messrs. Sellers, Ru- doIph, Trammell and Woodham.
 The following jurors who were empan- elled Monday of last week and excused until yesterday were in the jury box wait ing to hear the evidence in the peonage cases: w. S. Yougene, Montgomery; E. w Thomas, Autauga; F. L. Nisbet. Rus sell: B. G. High. Bullock; w. c. Page, Chambers: w. M Conine, Tallapoosa; Simon Carroll, Covington; J. T. Holiday. Lowndes; J. T. Johnson. Fillmore; John Savage. Montgomery; A. F. warren Lee; F. B. Young. Dale: J. R. BuIiara' TaIIapoosa: D. w. Mccall Butler; F. M. Mcoueen Montgomery and A. M. Cam eron. Macon.
 The Cosbys sat at the bar near their lawyers Colonel T. L. Bulger, W. M. I.ackey and J. 2. Sorrell Of Dadevliie anu w. w. Pearson of Montgomery.
 District Attorney Reese announced that the Government would first take up case No A21S. in which J. W. Pace, J. w. Haralson, J. M Kennedy and the three Coshvs were charged with seizing ana holding in peonage Pike swanson, he- gro. as the result of conspiracy.
 Witnesses for Government
 rho bailiff called the following wit rasses for the Government: Pike Swan son. ]. J. Harlan, Probate Judge of Ta!- Ianoosa County. J. W. Haralson, Noah Turk. Rush Akin. John Brown, Jess Scroggins, Brack Kennedy. Andrew Franklin. Dr. 8. H. Newman. Lee rem nle. Albert washburn, Joe Y. Turner, Wiu CIddens. Luther Blair, Ben Starr. IF. Ben Starr Sr., John Lynch. Will WheeIhurst A. J. Rowe, Jim Newali, Ella Johnson. Bill Canada. c. R. Shaffer. W. A. Greene. Jasper Kennedy and FL bert Carmichael.
 The court room was well filled with white men and the white witnesses an- ewered as their names were called. As 4he name of each negro witness was called District Attorney Reese announced that he would produce the witness at the proper time Not single negro witness was in court.
 It developed that while the numerous white men of Tallapoosa County were in Montgomery. J. w Barnes had been ap- no,nted a deputy marshal to keep an esnionaRe on the negro witnesses of the Government who have been kept here since the investigation by the grand jury began.
 When the witnesses had been called the District Attorney announced that the Government was ready
 Colonel Bulger. for the defense. said that the defendants were not ready for the reason that they had not known until this time which of the numerous cases they would be called on to answer. He moved that the cases be continued until today to give the defense time to prepare fin this particular case.
 Judge Jones said this appeared to be a reasonable request and 1t was granted the court at 1:30 taking recess.
 The tiries were discharged until 10 o'clock this morning.
 Cosbys Wanted to End It.
 Early in the afternoon George Cosby. who is a brother of W. D. Cosby. Baran- cas Cosby being a son of the latter. made 1t known that they were desirous of reaching a definite conclusion of the eases as had been done by John w Pace. Ii is said they announced their willing ness to plead guilty if any agreement IS to clemency by the court could be made.
 e. R. shaffer. a prominent citizen of Dadeville and bondsmen of the Cosbys, k is said advised them to plead guilty MT Shaffer had. been instrumental in occurring a petition from many citizens If TalIapoosa County asking Judge Jones n be merciful if the Cosby's should Iead guilty. This petition Mir. Shaffer lad already filed with Judge Jones
 MT. Shaffer at 5 o'clock requested that judge Jones'. who was at his home on Idama street should be asked to come n hks office where a conference was held Ietween all of the lawyers, Mir. shaf-