The Montgomery advertiser., 1903-07-12
No Verdict in the Turner
 Case. CELEBRATED ALL DAY Trial of Other Cases Will Be-
 gin Monday. Judge Jones Charges Jurors to View the Case With Unprejudiced Minds-E. ". Thomas
 is the Foreman.

After deliberating the law and the evil dence in the case of Fletcher Turner. charged with peonage, all of yesterday. the jury in the United States District Court was excused at o'clock yesterday evening until II o'clock Monday morning. When the jury at 4:so o'clock yesterday asked Judge Thomas c. Jones to define the terms "wilfully and knowingly" in his charge. Judge Jones spoke firmly and with emphasis to the jury on its duty. He said if the jury believed the evidence, which was undisputed that Turner should be found guilty. He also urged the jury not to consider that Turner was a white man and Glenny Helms, who was held by him, was negro. = E. W. Thomas is Foreman. The first time the jury appeared in court yesterday was about 12 o'clock. when 1t developed that B. w.. Thomas of Autauga County. was the fore man. The jury asked to be excused to so to dinner. and was allowed to do so. Judge Jones made the significant state ment to the twelve jurors that he had reason to again caution them not to allow any one to speak with thsm about the case or to approach them on the subject or to talk in their presence.
 The jury undoubtedly stands eight for conviction and four for acquittal About 4:30 o'clock yesterday afternoon the jury requested that Judge Jones should give them some information. Jury Questions Judge.
 When Judge, Jones went on the bench the following questions and answeres were submitted:
 The Court-The Marshal notified me that you desired to see me. What-can the Court do for the fury?
 MT. E. W. Thomas. Foreman-We have not reached a verdict and think 1t a doubtful question.
 The Court-What is the trouble2 Is it a question of law. or @ question of fact7
 MT. Thomas-It Is just few words in the indictment that gives us trouble
 If you will let me know what the words in the indictment are, to which you refer, perhaps I can relieve the trouble
 , Mir. Thomas-Shall state those words?
 The Court-Yes, if the jury desires any instructions regarding them:
 MT. Thomas-The words "wilfully and kowingly."
 The Court-I charged you plainly on yesterday. It is your duty before God and man. and your oaths require 1t. that you take the law from the court. There is a higher court than this, to which the defendant can appeal, if any error or wrong is done him by this courts rul- ings on the law or the facts. charged you in substance yesterday, and very | plainly, that where a man does acts which constitute a violation of the law. though | he does not know of the existence of the law. consciously and Intentionally. know | ing that he is buying the liberty of an other. and intending to do what he did | do and to bring about the condition oi | things he did bring about. then if those acts are violation of the law. he does those acts "wilfully and knowingly" ir the meaning of the indictment. The court the evidence in this case. the defendant was guilty. and it was your duty to re- turn verdict accordingly.
 l Court Cannot Understand.
 The Court cannot understand. there
 fore. how any member of tho jury could have any doubt what
 his duty is. The Court says thii
 to you firmly but kindly, because you art | a part of the Court. and a valued par
 of 1t. in administering the laws of th' country. The Court repeats what i
 charged you in substance yesterday. ant
 to make 1t plainer. if 1t can be mad
 plainer. again states to you, if the iurI
 believes the evidence, the defendant fl
 guilty. A jury no more than a judg,
 can flee duty because they do not wisl to perform it, or don't like the law, O.
 because of sympathy.
 In this case, If you throw out of con
 sideration every word that Glenny Helm
 said. though much of 1t is corroborate
 by the undisputed evidence of every othe
 witness, and reject his entire testimony
 and reject everything to which Dunba
 testified. though, in many particulars, h
 Is not contradicted; nevertheless, on tn
 undisputed testimony, on the part of tn
 defendant, what have you? The defend
 ants testimony does not deny that Glenn!
 Helms was carried bound to Turner
 place by Dunbar. after he had been trie'
 at Goodwater. There is no dispute ol
 the part of the defendant, that Turne
 made bargain with Dunbar for the ser
 vice of Helms, in consideration of payinl
 a sum of money to pay the fine and cost
 and that Helms was then delivered t
 Turner. and put by Turner with his con
 victs. and worked. The defendant claimed
 that Glenny Helms agreed with Turner | to work for him. in consideration of wha
 Turner paid Dunbar. Turner introduced
 evidence to that effect. Tho court charget
 you plainly that this contract, if made
 was contrary to the law of the land anC
 could give Turner no earthly right tc
 hold or detain Helms, and force him | against his will. to work out the con. \ tract or pay the debt. There is no dispute
 that Glenny Helms got away, was re. l captured and forced to go back, and held by Turner against hts will at work, un- l der this clairn. until Heln1s's father paid | Turner the amount claimed by Turner to be due him. to free Helms. There is no dispute on the evidence that Turner claimed the right to hold Helms and forced him. against his will. to work be- cause of the obligation on account of the money paid Dunbar, and the promise | made or alleged to have been made by Helms to work 1t out. Turner's defense before the court and jury was based on these facts, which are not denied The defendant insisted they were true. and contended that these things. which are not disputed. constituted a defense, and charged you that they were not defense. Turner is Guilty.
 The court further charged you, and re- peats. on the undisputed evidence, if you