Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1906-02-03


pealed the case TO the Supreme
Court Of the United States and with
out making any comments upon the
merits of the case. the Supreme
Court reversed Judge Speer and re
manded Jamison back TO the custo-
dy Of the superintendent OF the
Btbb county changing. u was un-
derstood that the reason for its &C
tion was based on the fact that the
plaintiff should have exhausted his
remedies in the state court before
the case was appealed to the United
States District Court.
The supreme tribunal did not CIV
en- specify the mode OF procedure.
neither did II give any encourage
ment to the lone plaintiff as to the
merits Of the contention of his coun
sci. with no means at hand TO pay
his fine. il was evident that this au-
gust tribunal. by its action remand
ed Henry Jamison to a punishment
which is httingly described in the
opinion of Judge Speer as follows:
The most cursory view Of the ev-
idence in the record Will convince
the impartial that practically every
ignominous mark of Infamous pun
ishment is stamped upon the miser
able throng in Bib county chain
gang. This is clear from the tesu-
mony OF the superintendent, f A.
Wimbish. and from the uncoE,ra-
dicted evidence Of witnesses who
have there expatiated their disre-
gard OF sundry provisions Of the
CITY Code. The sufferers wear the
typical striped cio-a'ng OK the peni-
Tertiary convict. Iron manaclcs are
riveted upon their legs. These coO
be removed only by the use of the
cold chisel. The irons on each leg
are connected by chains. The
coarse stripes. thick with the dust
and CRIME of long torrij days OF a
semi-tropical summer, or encrusted
with the icy mud OF winter, are
their sleeping clothes when they
throw themselves on their pallets
or straw in the common stockades
az night. They wake. toll, rest, eat
and sleep. 90 the never-ceasing ciank
ing OF the manacles and chains OF
this involuntary slavery. Their pro
gress to and from their work IS pub
lie, and from dawn TO dark. with
brief intermission. they toll on the
public roads and before the public
eye.
About them as they sleep. journey
and labor watch the convict guards
armed with rife and shot gun.
This is TO at once make escape i'm
possible. and 20 make sure the
swift thudding OF the picks and the
rapid fight OF the shovels shall new
er cease. II the guards would hes
itate 90 promptly kill one sentenced
for petty violations OF city law
should he attempt 20 escape. the
evidence does not disclose the fact.
/ And the fact more baleful and more
1 ignominous than all. with each
/ gang stands the whipping boss,
with the badge II his authority.
This the evidence Il scloses TO be a
/ heavy leaJhern strap about two and
a half or three feet long. with solid
hand grasp. and with bread. heavy
and flexible lash. From the evi-
jence we may Judge that the agony
inflicted by this implement OF tor
ture Is not surpassed by the Russian
knout. the synonym the world a.
lrourd for mcrciless corporal punish
ment II we may also accept the
uncontradlcted evidence OF the wit
nesses IL is true that on the Bib
county changing for no day is the
lstrap wholly idle and not infrequent
ly IL is dercely active. One witness
who served many months, testified
that II the gang does not work like
"hghting fire." TO use his smile, the
Whipping boss runs down the
line. striking with apparent indis-
termination the convicts as they
bend TO their tasks. often the
whipping is more prolonged and de
liberate. At times. according TO n.
mother witness. also uncOntradictcd
the cOnvicts when at the stockade
are called into the dog lot" Al
present, the whipping boss selects
the victims in his judgment worthy
OF punishment.
They are called 20 the stable door
made TO lie face downward acros.
the sill. strong convict holds down
the head and shoulders and the boss
lays on the lash on the naked body
until he thinks the sufferer has beer
whipped enough.
IL was at this period OF the strug
gle for Jamison's liberty that Min.
ter Wimberlv and the officials OF
Macon, proceeded TO re-arrest Jam
ison before the mandate of the Su.
preme Court of the United States
had been made a matter Of record
in the United States District Court
This was reported to Judge Speer
who at once issued a rule citing the
offending officials 70 appear befor,
his court and to show cause WHY
they should not be punished for COZ
tempt OF court.
In the meantime, counsel for Jam
ison had applied to one Of the Judl
es Of the Superior Court for a wri,
of habeas corpus. This was denied