The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-06-02
PEONAGE AGAIN
BEFORE COURTS
BULLOCK COUNTY FARMER
ARRESTED AT THE INSTANCE OF
4 SAVANNAH NEGRO.

Alleged Peon Is Marion Smith, Bet
ter known as "Bib"-Is only 10
Years of Age-Did Not Wish to Re-
turn to savannah and Claimed
That He Was Much Happier on the
Fnrm-The Defendant, y. f. Barn
es, Tells a Very Convincing story.
Another peonage case will be before
the United States District Court when
it next convenes IN Savannah.
Yesterday morning Commissioner
Hewlett bound P. f. Barnes of Bull
loch county over to the grand jury on a
peonage charge. Bond is the sum of
$500 was given.
The peon in the case is a small Sa-
vannah negro. Marion Smith, alias
Bib" who gives his age as only 10
years. The evidence in the case is
rather conflicting, but the fact that
the small negro was perfectly satisfied
with his lot in BuHoch county stands
out clearly and distinctly.
Deputy United States Marshal j.
Ben Wilson on complaint of the father
of young Smith. went TO Mr.. Barnes
farm in Bulloch county and made the
arrest. The family was at breakfast
when the marshal arrived, and in one
corner of the room sat Marion Smith,
better known as Bib" the alleged
peon.
He admitted his identity at once,
but stated that he did not wish TO go
home. He begged the marshal TO allow
lan n
only yielded when the officer told nm
that unless he came of his own ac-
cord, he would be brought back by
force.
Mr.. Barnes denies all the charges
against him, claiming that the negro
went with him of his own accord, with
out being asked to go, and after he
had obtained, or pretended to OBTAIN,
the consent of his parents. United
States Attorney Leaken. who began
the proceedings, was unable to be pres
ent at the hearing II was solely on
the strength of the statement OF the
father of the negro that Barnes was
bound over to await the action or the
grand jury.
Bib" wanted TO GO.
According to the story Of Mr. Barnes
he came to Savannah last March
for the purpose of hiring negro to
work on his farm. After some trouble
he secured one and made arrangements
for taking him to Bulloch county.
While still talking with the man he
had employed, a small negro boy, Civ
ing his name as BIB" Smith, appear
ed and asked to be taken along.
Mr. Barnes told him that he could
not go unless he could get his moth
er's consent. The negro then started
off, ostensibly to secure this consent.
Mr.. Barnes dropped the matter entire
~ and completed his arrangement for
his return trip home.
While on the train the conductor
told him he had paid for him
self and one negro only whereas
there were two on the train. Mr..
Barnes commended that he had employ
ed but one negro, and the conductor
insisted that there were two who claim
ed to be in his charge.
The matter was discussed pro and
con for some time, until finally the
conductor said that unless the addi-
tionai fare was paid. he would put
the little fellow off. At last Mr..
fare. $l.13, and carry the negro on
home.
There he gave him some little work
to do, fed and housed him, and accord
ed him the best of treatment. Bib"
himself bore out this latter statement,
Ielllng Jne court tnaL ne naQ gained
twenty-six pounds in weight since leav-
ing home.
story of the Father.
"Bib's" father, however, tells a diff
ferent story. He claims that the de-
PENDANT enticed the boy away from
home for the purpose of holding him
'in involuntary servitude." This story
the father stoutly maintained, although
he gave none of the details of the al
legged enticing.
When he first decided to take legal
steps TO secure again the custody of
his child he went to Solicitor General
w. w. Osborne, intending to bring ac-
ton in the state courts on a charge of
kidnapping. Some time later he was
advised to take the matter to the
United States courts and prefer a
charge of peonage.
In the state Courts.
1t is the opinion of Mr.. Leaken that
Barnes can still be held under the
state laws even though the govern
ment should fail to make out its case
His claim is that the state laws re-
quire the written consent of the
parents of a minor before he can be
employed. This Mr.. Barnes neglected
10 secure.
The arrest on the peonage charge is
OF unusual interest owing to the SINH
lar cases now pending. The cases in
this district were held over, pending
the action of the Supreme Court of the
United states in the Clyatt case. This
case has been assigned for December.
and II is not probable that any action
Will be taken against Barnes until this
case is decided