The Montgomery advertiser., 1904-01-17
SIX CITIZENS ARE ACCUSED Charged With "Whitecap-
 ping" Negroes. INDICTMETS RETURNED Federal Court to Prosecute Men From Barbour. Five of Them Arraigned and Advised by Judge Jones to Secure Law
 yers-Statements of the

Six indictments against white citizens of Barbour County charging white cap ping" were returned yesterday by the United States grand jury for the Middle District of Alabama. with list of twen- ty-two indictments returned in a partial report to Judge. Thomas G: Jones. | The indictments are against Jesse Green, Bufort Mccall, Morgan Padgett, John Green, James Sanders and Richard Knowles, all citizens of Zeiglers postoffice, Beat 8. Barbour County. They are charg- ed with violating Section 550S of the Re- vised statutes of the United States. rela- tive to conspiracy by two or more persons to injure. oppress, threaten, or intimidate any citizen in the free exercise or enjoy ment of any constitutional privilege.
 Prosecuted Negroes.
 The indictments charge the men with having violated this section in the cases of Albert Barefeld. Marion Shipman, Hil- Hard Turner and Nancy Miles, negroes.
 Jesse Green. Bufort Mccall, Morgan Padgett, John Green and James Sanders were yesterday afternoon arraigned in open court.
 At that time, 1t was indicated that all five men would plead guilty and ask for the mercy of the court;
 There is not a bad face among the five men. All the men are rough and Hitter ate in appearance. Three of them are splendid specimens of physical manhood They seemed to be awed by the solemnity of the court
 1. Judge Jones, presiding, stated to the prisoners the seriousness of the charge against them. He said that he under stood that they considered themselves, not liable to federal prosecution on ac- count of having been tried in the State courts for an assault and battery on one or the negroes, whom they are alleged to have "whitecapped." '.I-, =
 Judge Jones informed the prisoners that the prosecution in the State courts for as- sault and battery could give them no good plea of former jeopardy. He told the men that if they wanted to, and knew they were really guilty, they could enter pleas of guilty. On the other hand if they desired trial. he wanted to impress upon them that a fair and unbiased hear ing would be given them. ''-''
 One man said he would like to make a statement in reference to his position.
 Judge Jones told him that if he intended to plead not guilty. it would be best for him to make his statement to a lawyer.
 "Just' NaturalIy"' Innocent.
 Well, Judge. .jes naturally. ain't gull ty.' declared the prisoner. The others nodded approval. ,,'t-'
 Tn that case" said the Judge, 'T would advise you to engage sai good lawyer and when you engage; him. make a clean breast of the affair to him. He will know what is best for: you to tio.'
 The men signified their intent to follow the courts advice. Their cases were set down for' a hearing Thursday and they were released on bonds. s
 IuIiuo Pal torney, in open court. when repeating the governments proof to the court, made remarkable statements.
 Between the last of July and the ,mid- dle of August, he said these men went to the house of Marion Shipman, a repu- table negro of family, in the dead of night presumably searching for an alleged murderer. They were admitted by Ship man, who aided them in their search. The men had no warrant or any legal au- thority.
 Several days later between 3 and 4 o'clock in the morning. Mir. Sternfeld said, they again went to Shipman's house, and on being refused admission, battered down his door. Shipman knocked down one of the men as he entered through the door He was seized bound, gagged. beaten with pistol, beaten with a gun. taken down q road several miles and dashed
 When asked by a reporter in reference to the governments proof as to the other negroes, the district attorneys office was silent
 It is indicated that other indictments for "whitecapping" will be reported short ly.
 The penalty for the offense Is not more than 5000 fine and not more than ten years Imprisonment.
 Other cases disposed of in the United States Court yesterday were as follows:
 Mack Willis. Chiffon County. illicit dis tilling, not guilty.
 Thomas Chapman. Russell County, plea of guilty to working illicit distillery, fine $lOo sixty days imprisonment, sentence indefinitely suspended.
 Court convenes at 10 o'clock tomorrow morning.