The Savannah morning news., 1904-06-29
CANNOT SEND
TO CHANGING
FROM RECORDERS COURT
RULES JUDGE SPEER IN HENRY
JEMISON CASE.

fcinIs state That Decision win
Not Effect Them Herewith Await
DevelOpments-Judg speer Scores
the Bibb County Changing ana
Method of Punishment.
Police Recorders cannot sentence
prisoners to the changing.
That is the effect of the decision
handed down yesterday in Macon by
Judge Emory Speer in the case Of
Henry Jemison, colored, who had APP
piled for writ of habeas corpus.
Judge Speer at once ordered the ne
gro released on the ground that the
sentence against him is void. Void
for want of due process of law. Void
because one man can not adjudge in
fanny
Col. William Garrard, city attorney of
Savannah. when asked what effect the
decision would have on the Savannah
Police Court. said: 81 do not care to
discuss the matter now, nor Judge
Speer's decision. Any case of like ma
ture that might arise in Chatham coun-
~ would be tried on it's own merits
and without regard to the Bibb coun-
ty case. Sufficient unto the day is the
evil thereof -
Chairman of Council James M.
Dixon expressed himself very plainly
when told of Judge Speer's decision.
He said ne thought the city should
continue in the even tenor of it's way
and pay no attention to the decision.
Alderman Dixon was inclined to
think the city would continue
as at present, and that the
Recorder, acting under spe-
cial law for Chatham county, will con-
tinue to sentence to the chaingang.
Other city officials felt the same way
about the matter, and it is not believed
the Recorder will stop sentencing to
the chaingang.
Il am in favor of paying no atten-
ton to the decision" said Alderman
Dixon. IF those who are not salts
fed with the sentences imposed care
to take the matter into Judge Speer's
court, let them go ahead"
Mayor Myers stated that just at this
time he does not care to express HIM
self concerning the opinion. He de-
sired, he said, to fully acquaint him
self with the contents of the very
lengthy decision, summed up above.
Review of the Case.
The Jemison case had it's first hear
ing in Savannah during the last SEES
sion of the United States District
Court. Jemison was arrested in Ma
con on "a drunk and disorderly' |
charge and locked up 1t was alleged |
he cursed in the barracks and in the |
morning another charge of disorderly
conduct was lodged against him.
Recorder Nottingham sentenced him
to pay a fine of S25 or serve 80 days on
the changing for the first offense. For
the second offence he sentenced him to
pay a fine of $35 or serve 120 days. on
the gang. The last sentence was not
to commence until the first had ex-
pired, making a total sentence of 30
days Imprisonment.
District Attorney Alexander Aker-
man and his brother, Mr..
Charles Alderman at once sued
out a writ of habeas corpus and
had Jemison brought before Judge
Speer in Savannah. They commended
that the Recorder could not sentence to
infamous punishment without due pro-
cess of law, serving the de-
PENDANT with written charges and list
of witnesses against him, giving him
benefit of counsel and trial by jury,
and with ii the right of appeal.
The case was hard fought, Hon.
Minter Wimberly representing the city
of Macon. Two hearings of the case
were had. In his decision the court
scores the Bib county changing I'M
mercifully, and the methods of pun
ishment. The following are among
the more salient points of the decision:
what the Case Involves.
This is a petition for the great writ
of right, the writ of habeas corpus. II
involves the legality of a sentence by
a police magistrate for a petty munich
pal offense to a term at hard labor on
one of those local 'chaingangs' per-
haps the most melancholy and dis
tressiug spectacles which affiicts the
patriot and humanitarian in many To-
calities of our country. 1t involves the
inquiry, is such deplorable and degrad-
ing method of punishment for minor
municipal offenses tolerable under the
American system?
1T is believed that in no case, previ-
ously decided by state or national
court has there been so fully and fair
ly made this inquiry, fraught as 1t is
with the misery of thousands of hum
BILE men, women and children, and with
the hope of a possible return by local
governments to more humane methods
with the resultant uplifting of millions
OF the people.
ChainganG Infamous Punishment.
The most cursory view of the evil
dence in the record will convince the
impartial that practically every ig-
nominious mark of infamous punish
ment is stamped upon the miserable
throng in the Bibb county chain
gang. This is clear from the testi-
mony of the superintendent, f. A.
Wimbish, and from the uncontradicted
evidence OF witnesses who have there
expatiafed their disregard for sundry
provisions of the city code.
THE sufferers wear the typical strip
ed clothing of the penitentiary con-
Wet Iron manacles are riveted upon
their legs. These can be removed
only by the use of the cold chisel.
The irons on each leg are connected
BY chains. The coarse stripes, thick
with dust and CRIME of the long tor
rid days of semi-tropical summer, or
encrusted with the icy mud of winter,
are their sleeping clothes when they
throw themselves on their pallets of
straw in the common stockade at
night.
They wake, toll. rest, eat and sleep
to the never ceasing cianking OF the
and chains of this involun-
tary slavery. Their progress to and
from their work is public. and from
dawn TO dark. with brief intermis-
sion, they toll on the public roads,
and before the public eye. About them
as they sleep, journey and labor. watch
the convict guards, armed with rife
and shotgun. This Is al once 10 make
escape impossible and 10 make sure
that the swift. thudding OF the picks
and the rapid flight OF shovels shall