The Montgomery advertiser., 1903-07-21

 when 1t can be avoided, try defendant towards him on the part of the Court. and I. therefore. told your counsel that the plea of guilty need not be put in. to avoid trial before a judge who hadsex- pressed an opinion on the undisputed facts. since I would try to have another judge preside in the next trial, You have undergone the trial of a trial before the Court, and been put to heavy expense besides the fine. Under the circumstances, the Court thinks conviction as to one of these boys is sufficient, and is therefore willing that the indictment as to the other two boys be mol pressed, as agreed be- tween your counsel and the District At torney.
 Showed No Emotion.
 At the beginning of Judge Jones's re- marks Turner was seated. He was called to the Judges stand after a few minutes and remained standing until the conciu- sion of the Judges remarks. He heard the sentence of Judge Jones apparently unmoved. If he felt any emotion he did not display 1t When the Judge had con- cluded Turner turned quickly and walked to his seat.
 The case against J. Fletcher Turner of Tallapoosa County, charged specifically that the defendant held Glenny Helms. a negro boy. against his will in a condition of peonage on or about April IS. 1902.
 The trial of the case. at which the mis- trial resulted. consumed seven days of the time of the United States Court. It was a bitter legal fight, and one that attracted attention throughout the United States
 The case was first called on Monday, July 6, when Turner entered plea of not guilty and demurre-s were filed to the indictment, which were argued minutely before the court. Demurrers to the frs; court of the indictment were overruled. and the court entered into the testimony in the case.
 The Governments Case
 The case of the Government was in brief that Turner held in servitude Glenny Helms on or about April 15. 1902. Turner was at that time a landowner and q prominent planter in Tallapoosa County; that near the railway depot at Dadevil;s one J. G. Dunbar. then a constable of that community, and now patrolman of Columbus, Ga, sold Glenny Helms tc Turner for about $40. paid by check on the Fallapoosa County Bank; that there- upon Turner took Helms to his plantat tion, where he was imprisoned and whipped two or three times a day; that when Helms attempted to escape. he was re- CdptuICu dttu UtOuSuk UtCh u LHc farm, whipped and again incarcerated and compelled to work; that to secure the re- lease of his son after he had served Fur ner for some time, the father of Glenny Helms was required to pay the defendant. $40.
 Helms went on the stand Tuesday. He testified that while passing through Goodwater. walking. in April. 1902 he was arrested for vagrancy, convicted by the Mayor and sentenced to hard labor. He was taken by the city marshal to the farm of Fletcher Turner. He was im- prisoned and whipped frequently, and was at all times under guards. He att tempted to escape, but was captured. He was on the Turner farm little less than four months.
 A sensation was sprung the next day when Dunbar went on the stand ana swore that he sold Helms and two other negroes to the defendant for $40, and fof the purpose of making money. He de- scribed the purchase of the negroes by Turner.
 The next day. both Government and de- fence rested in their testimony and the arguments of counsel were heard
 The next day Judge Thomas G. Jones charged the jury. His charge was lengthy and covered every detail of the case, in its law and evidence. He gave practically an affirmative charge for the Government in the following words:
 Charge of Judge Jones.
 Gentlemen of the jury. if you believe all of this evidence, if you believe from the evidence beyond a reasonable doubt that Turner bought this darky. took him to his place, forced him tosstay there. when he wanted to go away. and worked him as a convict under guard to liquidate the debt paid for him, then he is guilty. It Is not necessary to tell this jury. to them, more than I have already.