Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1904-07-23

"This is petition for the great writ
of right, the writ of habeas corpus. 1t
involves the legality of sentence by a
police magistrate, for petty municipal
offense to a term at hard labor on one of
those local "chain- gangs, )" perhaps the
most melancholy and distressing spec.
tacle which aftiict the patriot and
humanitarian in many localities of our
country. 1t involves the inquiry in
such deplorable and degrading punish
ment adjudged b. such a court for minor
municipal offenses tolerable under the
American system. It is believed that
III no case, previously decided by state
or national court mas there been so fully
and fairly made this inquiry. fraught as
lt is with the misery of thousands of
humble men, women and children, auG
fraught also with the hope OF possible
return by local governments to more
humane methods, with the resultant mp
lifting of millions of the people,
THE QUESTION INVOLVED
Immediately. il involves the question
whether the Recorder of Macon can,
without any sort of criminal pleading.
and without the Intervention Of a Jury.
convict citizen twice, for one violation
sentence him 70 seven months at hard
labor on the public changing, the pun
ishment to be suffered in branch of
, the state penitentiary. Here also is the
question, can ii be maintained in the
hight of the Constitution, that one man,
| under any form of procedure, devised or
TO be devised by local legislation, con-
sign men, women and children to a
| chaingang for such trivial offenses as
| are within the jurisdiction of police
| magistrate?
The petitioner, Henry Jamison, is a
| respectable colored man between fifty
| five and sixty years of age. It appeared
| that he was working for many of the
reputable people of Macon in house
cleaning, laying carpets and like work.
On the night of the 18th day of March
of this year, he was arrested by two
policemen of the city, carried immed
| lately to the city prison and placed in a
| cell. The next morning he was brought be
| fore the Recorder. He was immediate
| ly put upon his trial for certain offenses.
The following entries taken from the
| docket of the Recorders Court consti-
| tute the entire record:
''RECoRDER' DOCKET. CITY OF MACON
"Date-March IA, 1904. No. case,
131. Arrested, March 13, 1904, 12:4O
| p. M.
''Case-Mayor and Council of the
| City of Macon VS.. Henry Jamison,
DIX Dis Oon. Arresting officers, Nose
ly and Mitchell.
"Date-M March II. 1904 No. case,
l3S Arrested, March ID, 1904
"Case-Mayor and Council of the
City of Macon VS. Henry Jamison.
Offense, Dis Con in Barrack. Arrest
ing officer, Reddy.
He was Immediately convicted and an
aggregate fine imposed of 500 and am
alternative penalty for both cases of
seven months at hard labor on the
chaingang. For poor day Ia borer like
this man TO pay a fine $50 was wholly
impossible. AT noon, the same day, he
was sent to the changing. was at once
clothed in the stripes of a convict,
heavy iron manacles connected by a
chain We're riveted on each leg, and he
was Immediately put to work on the
public road with other convicts from the
Recorders and the City Court, and
from the state penitentiary, at manual
labor as severe perhaps, as any of which
the human frame is capable. He re-
manned with the chaingang for five
days, when the writ of habeas corpus
was sued out in his behalf and he was
brought before this court.