The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-12-08
MAY YET HAVE A
TRIAL BY JURY
INDICT NEGRO PRISONERS
WHO WERE SENT TO CHAINGANG
BY THE RECORDER.

Men Not Satisfied With Sentences
and May Get Longer TeFm-Habeas
Corpus Proceedings Filed in SUI
periOr Court in Case of Two Ne
grOes Convicted of Cursing in
Presence of Ladies and Inciting
Riot.
AS a result of the habeas corpus
proceedings which were instituted in
their behalf in the Superior Court yes
terday morning, R. M. Johnson and
| Isadore Kiser, two negroes now doing
time on the county changing, will
probably be presented to the grand
jury Friday afternoon to forestall any
possible decision in their favor.
Recorder MyFick who sentenced the
negroes to either pay a fine of $50 or
serve sixty days on the changing
some weeks ago, called on the super
intendent of police last night to have
conference as to the evidence
against the men. They were arrested
on Sunday afternoon for cursing in
the presence of ladies and attempting
to incite a riot This occurred on Nov
5.
Inspector B. L. Grooms of the Sa-
vannah Electric Company was at
tackled by the two men when he
demonstrated with them for cursing
before ladies'. This was on Waldburg
street, near where the Gentry Dog
and Pony Show was pitching it's tents.
There were several hundred negroes
present, and the two men were ours
ing loudly.
Both Men Were Armed.
johnson had knife and Kiser had a
billy, which they both were making
attempts to use. Mounted Patrolman
Mccarthy appeared on the scene and
when he arrested the men they re-
sisted, claiming they were employed by
the government and could not be ar
rested. Unable to handle both of
them, the officer turned one over to
citizens present, and one had to be
dubbed before he could be controlled.
After hearing the case Recorder My
rick decided not to turn them over to
higher court, as they had never been
before him before. He considered the
sentences particularly light at the
time. A special presentment will be
made to the grand jury, charging the
accused with cursing before ladies, and
attempting to incite a riot and an eff
fort will be made to give them jury
trial, this being the basis of the ha-
beas corpus proceedings which were
instituted before Judge Cam.
How Case Was Brought.
The matter. which is evidently an
effort to follow up the action of United
States District Attorney Alderman in
the Macon cases. came before the SUI
perior Court when a habeaS corpus
petition was filed by E. M. Morse, a
colored attorney.
A sister of Kiser and wife of john
son, Miriam Johnson, determined to
take steps to secure the release of the
men. She applied to Morse and he de-
cided that the ruling of Judge Speer
had bearing on the case. He himself
is not admitted to practice in the
United States court, but he applied
to Judge Cam, who has the power
of granting habeas corpus writs.
The usual allegations are made IN
the petition, though it is somewhat
faulty drawn, 1t is alleged. Service
of the paper was acknowledged by Col.
Robert l.. Colding, the county attorney,
and the case will De argued on its
merits before Judge Cam.
The Allegations Made.
The petition. is in substance a close
COPY of the petition drawn by Mr.. Aker-
man, on which the release of Henry
Jemison was secured from the Bibb
county changing. The deviatiOns,
however, are sufficient to make 1t ex-
| tremely doubtful if the paper will hold,
attorneys say.
The second article is an example of
| this, this section stating THAT the
said R. M. Johnson and the said Isa-
| dore Kiser are restrained of their liber-
| ty," continuing with the legal phrasing.
The very essential facts seem to have
been omitted, as there is no state
ment here that the men have been
Illegally restrained"
"Due Process of LAW
The fourth allegation brings in the
well-worn due process of law clause,
an article of the constitution that is
| stretched to cover nearly every case.
| This article sets forth that the two
men have been illegally restrained
of their liberty" and put to work on
| the changing without due process of
law" Though the petition does not
state the fact, it is presumed that the
absence of jury trial and the other
methods of court procedure form the
basis for this claim.
Lastly the petition attacks the Sec
ton Of the Georgia laws that give to
the police recorders the right to send
men to the chaingang without first
giving them trial by jury. 1t is al
legged that this act is contrary to the
constitution of the United States and
therefore null and void.
The outcome of the case will be
awaited with interest by Savannah
ians. The Jemison case, which stands
as a test case, is still before the Su-
preme Court of the United States,
| though a decision from that tribunal
| is expected early.
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