The Montgomery advertiser., 1905-07-19
DEFENDS HIS PEOPLE
JUDGE DRIVER OF CHAMBERS
 TALKS OF ALLEGED PEONAGE.
Declares That Messrs. Heath and Ad- ams Are Best Citisens of Ills COanty-NO Conflict Be-
 tween Authorities.

having defied arrest by United States marshals who had warrants charging them with peonage and further e1- fort on the part of Government officiais to make 1t appear that the authorities of his county were endeavoring to in- timidate Government witnesses by pre- ferring charges against them and hold ing them in State courts.
 Messrs. Heath and Adams, it will be remembered. were accused by Clifford Powell, a negro, with having held him in peonage at MT. Heath's place, Ere donia. Chambers County. The negro was brought te Montgomery last Fri day by Ben Reynolds. a white citizen of the neighbc rhood. who reported the alleged crime to District Attorney w. s. Reese.
 The negro swore out a warrant against Mir. Heath and this warrant was forwarded to Deputy Marshal Hi- ram Gibson at his home in Roanoke Randolph County.
 Sunday morning Deputy Gibson tele- graphed United States Marshal l.. J. Bryan that it had been reported to him that witnesses against Messrs. Heath and Adams had been run out of the Fredonia neighborhood and suggesting that. as a precaution, posse should De sent to Fredonia to arrest the two de- fendants.
 The posse was OFBdnlZeu hS"eSN by Marshal Bryan left for Snamoers County Sunday afternoon.
 It seems that the negro witness. rom Cor Jim) Hightower. who it was re- ported had been run out of Fredrnia' was wanted on a State warrant cnars ing him with assault 10 murder anu that he was harbored by four wnlte men, who, 1t Is alleged. are enemies or Messrs. Heath and Adams. These Toy scarbrough, James Robinson and one Wilkerson. They have been arrested on warrants from the County Court charging them with harboring de- fendant against the law.
 Judge Driver declares with rositive emphasis that the prosecution of 'he negro. Hightower. for assault to mur- any knowledge of an effort to prose- cute Mir. Heath and MT. Adams TOT peonage.
 In a statement given to The Adver- tiser Judge Driver goes into the de- tails of what at first appeared to he conflict between the State and the Fed- eral authorities
 Judge Driver authorized the follow ing statement of the alleged trouoie in his county:
 "Chambers County has been grea ,ly outraged and two good citizens of the county have been basely slandered. There is not better or more law-aplo- ing citizen in the State than MT. Heath. He Is a substantial clt.zen' worth from $20.o0o to s2o.eoo ana IS not A man who would ever think or provoking trouble or of resisting Jaw officers, specially law officers of the United States.
 "The story that he had resisted, or intended to resist is ridiculous. MT. Heath did not know that there was warrant out against him, aor did l know 1t when I issued the warrant for the men for harboring negro charged with a criminal offense
 .'rhe facts are briefly these: A few days ago MT. Heath saw Jim High tower, a negro. at store in Fredonia and told Jim he wanted to talk to him' Jim replied tartly. Yes, l 'Vant to talk to you, too Later the negro ap- preached him and asked him .f he was ready to go home and MT. Heath re- piled that he was The negro said he would go home with him and talk the matter over. MT. Heath stopped under the shade of a tree near the front or his barn. but the negro remarked that he didn't want anybody to see him talking to MT. Heath and asked him to go behind the house. "The actions of the negro struck MT. Heath as unusual and suspicious. the negro being his tenant and he not wanting to let any one see him talk ing to him Mir Heath. therefore. went through his house where he got his pistol and put 1t in his pocket, and walked out the back door. He saw the negro standing there. hut the negro moved off still further In the hot sun. and MT. Heath said to him that he was not going any further and II he want ed to talk to him, there vas the place to do 1t. The negro then suddenly stopped down and picked up an axe that was lying near and started toward Mir Heath with 1t, in a threatening manner. *:.
 MT. Heath jumped back out of the negro's way and in doing so came worry near falling. He got out his pistol, however, and as he started to draw tt the negro hurled the axe at him with great force and then started to run. MT. Heath fired at him several times.
 MT. Heath then swore out a var rant before a justice of the peace for the negro charging hi mwith assault with intent to murder. The warrant was given to a constable for execution.
 The matter was reported to me that a negro who was charged with seri- ous crime was being harbored by oth- CTS, who had boasted that they did not intend to give him up. l issued war
 
 borough. Jim Robertson and Wilkerson, charging them with harboring a man against whom a warrant had been is- sued and I In company with the coun- " solicitor and others went to Ere donia where the sheriff and his deputy arrested the men who are now under bond to appear at the county court July A.
 At that time I did not even know that a warrant had been issued against MT. Heath, but if l had 1 would have issued the warrants just the same.
 "As to MT Heath and Mir. Adams of fering resistance to the Federal mar shals that Is merest nonsense They did not offer any resistance and never intended to offer any resistance and when they were notified that they were wanted they gave themselves up, ''I met United States Marshal l.. J. Bryan and other deputies at Opelika, and when I found out their business l asked them to let me use the long dis tance telephone and I would send for the men and have them in Lafayette to meet them.
 MT. Bryan agreed that l should telephone to w. G. Davis, mayor of Lafayette. who was asked to take his buggy and go out and get Mir. Heath and MT. Adams ana bring them to La fayette, This he did, and the men readily came with the Mayor. offering not only no objection, but appreciat- ing the opportunity to give themselves up when they found warrants had been