The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-08-05
CASES
COME UP AGAIN
EFFINGHAM MEN INVOLVED
IN CONNECTION WITH FOY MANU-
FEATURING co.

Mr.. John f. FOy, of Egypt, and j. Fl.
Beach, Superintendent of COnvicts
in Bingham County, Before Com
missioner HewIett-The Commits
siOner Declined to Allow Hearing
Waived and Case Was Postponed
Until observation-disclosures of
Negro Convicts to BE Decided To-
day.
Mr. John E. Foy and ]. H. Beach,
fingham county gave bond for
$3.50 yesterday for their appear
ance before United States Commits
sioner Hewlett. at a preliminary hear
ing early in September, on the charge
of peonage.
The hearing was to have been held
yesterday afternoon. Mr.. A. A. Law
renee of Osborne & Lawrence, appear
ed for Foye and Beach, and
at once announced that he waived the
preliminary hearing. Owing to the
fact that several of the most i'm
portant witnesses in the case had been
taken from the Efingham county
changing and just what to do with
them was a question, Commissioner
w. r. Hewlett declined to allow a
hearing to be waived.
Mr.. Lawrence stated that he did
not wish to go on with the case un-
til the return of Mr.. Osborne. 1t
was then postponed until early in
September. Alderman James NJ. Dix
on became surety for MeSSrS Foy and
Beach.
The negro convicts were taken to
the Chatham county Jail. This morn
ing some definite action will be taken
in their case. If they have been leg
ally sent to the changing in Effing-
ham county they will be at once re-
turned. If the reverse is true, and
the government seems to hold that
it is, the men will probably be re-
leased under habeas corpus proceed
inGs.
What the Warrant Charges.
The warrant charges that Mr.. Foy
"On the 9th day of June, 1904, at, or
near Egypt, in violation of the revised
statutes of the United States, did UNI
lawfully kidnap and carry away, en-
ticed. persuaded or induced, or know
ingly aided, attempted to aid, entice,
persuade and induce, or held, arrested,
or returned, or caused or aided TO De
held, arrested, or returned, to be sold
and held in involuntary servititude,
one Willie Peoples, alias Henry Grant"
The other two negroes whom it is
claimed were held in involuntary ser
vitude, are Samuel Ferguson, alias
Sam Brown, and Charlie Brinson, alias
Charlie Ford.
The arrests were made by Deputy
Marshal j. Ben Wilson, and the prison.
an6 witnesses h1.n1torht
Egypt to Savannah yesterday morning.
Judge Frank Tarver was also sub
poenaed as a witness.
The entire case is the outgrowth of
the arrest of Henry jackson, colored,
sometime ago on a peonage charge.
At that time it was stated in the
Morning News that sensational de-
velopments were expected, and these
turned with the arrest of Mr.. Foy
and Mr.. Beach.
Contentious of Government.
If the government establishes its
contentious and those who have been
working on the case claim that they
have all the necessary evidence, the
conditions existing in bingham are
not only violations of the federal stat
utes, but are in conflict with the state
laws.
The three negroes, Peoples, Fergu-
son and Brinson. the government
claim, came to Savannah from Beau
fort. Here they were met by an agent
of the Foy Manufacturing Company
and asked to go to Egypt to work for
81 a day and their board. Once there,
as in the case of Titus Mitchell, con-
ditions changed, it is alleged, and
wages dropped off from 81 and board to
so cents and one meal per day. The
negroes. who had already eaten one
meal, declined to work under these
terms and started back to Savannah.
Tried I'm Stockade.
They were arrested by the county Of
ficers and taken to Egypt. There they
were tried in a stockade, and it is
claimed that Judge Tarver held the
trial himself. The negroes were
charged with larceny after trust,
the larceny being one meal
were found guilty, sentenced to
pay a fine of $50 or serve six months
on the gang, and were put to work on
railroad being built by the Foy COM
pany.
1t is further alleged by the govern
ment that Judge Tarver holds a posi-
ton with the Foy company, of what
! nature has not been stated.
Mr.. Beach, as superintendent of the
Changing, is implicated as party to
the holding in involuntary servitude."
Violation of state Law.
The charge against Messrs. Foye and
Beach of violating the federal stat
ute was made on complaint of
relatives of the negroes. In order TO
get further evidence against the prin-
cipals the government agents first
arrested only Jackson. an account of
which has already been given in the
Morning News.
The charges now made are that the
men were deprived of their liberty,
subjected to ignominious punishment
and cast into involuntary servitude
without due process of law" If this
is established, even should the peon-
age charge fall through, the negroes
will at once be given their liberty I'M
der habeas corpus proceedings.
-s-o-s---
National Encampment Grand Army
of the Republic,
| Boston. Mass, Aug. 1920, $3.50 all rail