The Savannah morning news., 1904-03-24
RIGHT TO SEND
TO CHANGING
FROM RECORDERS COURT.
ARGUMENTS BEFORE JUDGE sPEER
IN DISTRICT COURT.

Chningang Sentence Is Infamous
Punishment. 1t Is Contended'
Can a person be sentenced to infa-
nous punishment without trial and
conviction by due process of law? Is
a changing sentence infamous?
I These two questions were the ones
into which the argument on the writ
Of habeas corpus sued out for Henry
Jemison, colored, resolved itself in the
United States court yesterday MORN
ing.
The case arose from the Re-
corders Court of Macon. Messrs
Alderman and Akerman repre-
scented the government and the Hon.
Minter Wimberly the city of Macon.
Every point in the case was fully
argued by counsel, and at it's conclu-
sion Judge Speer announced that he
would reserve his decision.
An answer to the original petition
and a demurrer were presented by Mr..
Windy when the case was called.
Judge Speer, despite the objection of
opposing counsel, decided to take the
answer, the demurrer, and the case it
self into consideration, passing upon
each when argument had been con-
cluded He then instructed Jemison' S
counsel to proceed with the case.
Negro Went on stand.
Jemison was the first witness called.
He told of his arrest and summary
conviction before Recorder Noting
ham. IN response to questions he
stated that he had not been tried by
jury, that he had not been given an OPP
portunity to call witnesses in his own
behalf, that he had not been furnished
with a written charge, nor with a list
of the witnesses against him.
He was sentenced to pay a fine of
S25 or serve ninety days on the chain
gang. The second charge was then
lodged and he was sentenced to pay a
fine of $35 or serve 120 days, sentence
to begin at expiration of sentence i'm
posed for the first offense. He was
then taken to the gang, given a striped
suit, his feet riveted in chain, placed
with other convicts under a guard of
four men armed with rifles, and with a
boss armed with a whip to enforce
work.
Customs in Macon Court.
Mr.. Hill, clerk of the Macon Re
corder's Court was then called. He
stated that the man had been asked
if he was ready and il he had any wit
nesses. In response to a question he
stated that when a defendant asked
for counsel that the case against him
was continued. Mr.. Hill then briefly
told of the customs in vogue in the
Macon Recorders Corut, and the case
went to argument.
Every point which had been advanc-
al Nv hot oid aFpt1ad in ftIll
and many authorities were quoted in
support of each position. At different
times during the argument by coun-
sci, Judge Speer interrupted with per-
tinent questions, and asked that GER
tain points be argued more fully.
When Mr.. Alexander Alderman had
concluded the argument for his posi-
ton it was nearly o'clock. Judge
Speer then took the briefs, the books
containing the cases cited by each side,
and all the papers in the case, and an
nounced that he would reserve his de-
cision.
ChainCanG Punishment Infamous.
The argument of Alderman & Aker-
man was forceful. The principal con-
tention was that it was unconstitu-
tional to deprive any man of life,
liberty, or property without due pro-
cess of law, and that to no one man
was given the power to infiict infa-
nous punishment on another. 1t was
strongly argued that chaingang pun
ishment was infamous.
The argument was divided between
Mr.. Charles Alderman and Mr.. Alex
ander Alderman, the former opening
the argument. 1t was contended that
1t was plainly stated in the constitu-
ton of the United States that no man
can be deprived of life, liberty. or
property, nor subjected to infamous
punishment without due process of
law. Due process of law consists of
serving the defendant with a copy OF
the charges to which he has to an
swer with list of the witnesses who
will testify against him, giving him
benefit of counsel and trial by jury.
None of these requirements were met
in the Police Court.
Man Made Affect Prisoner.
"As to infamous punishment, chain
gang service leaves little room for
anything more infamous" it was
argued "A man is made an abject
| prisoner, subjected to the whip and
the shotgun guard, and made an OBJ
ject, chained with other convicts
which shuts him off from all respect
from the public"
Mr.. Wimbly based his argument on
the lack of jurisdiction of the United
States court. IF any prisoner has
been wrongly treated, the state courts
are open to him for redress, and as a
last resort the Supreme Court of the
! United States" the Macon attorney
argued.
summary Punishment Allowed.
Secondly. the power to fine and i'm
prison for trivial offenses is distinctly
given to the municipality. The munich
pal government. he claimed, occupied
a position midway between the family
and the state. The minor offenses were
given to it and to avoid hindrance OF
| justice. summary punishment was al
lowed in minor cases. Furthermore, all
requirements of the law had been COM
piled with in the case in question
Mr.. Alexander Alderman concluded
the argument for his position. He en-
! phasized the point that no one mar
could inflict infamous punishment or
| another. and that by the system Of GU
mulative sentences il was in the power
of one man to send another to the
| chaingang for life. He admitted the
right of the Recorder to fine and i'm.
prison. but claimed that there was a
wide gulf between Imprisonment anc
! chaingang service.
He concluded with a brilliant pero.
ration of the rights guaranteed to ev.
cry American citizen. rich or poor
black or white. and asked that the po
sition advanced be maintained by the
court.
In case Judge Speer should decide
against the Recorder IL is probable thai
the case viii be carried into the higher
courts