The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-20
CONSPIRACY CHARGE
JUSTICES OF PEACE ORDERED BE-
FORE JUDGE JONES.


II Charges of conspiracy entered into
by two Justices OF the Peace and cred
itors OF Jerry Hudson and Will Cocker
respectively, bankrupts. contained L:
petitions filed in the United States
Court yesterday, have resulted in an
order from Judge Thomas @. Jones that
Justice b. c. Tarver and Justice D..
September Is to explain their method
of procedure.
i The order Of Judge Jones calls upon
4 the minor officials TO SHOW cause why
\ they should not be restrained and en-
i Joined" from further action in the case,
4 and further. why they should not be
| held to be In contempt of the orders
Of the United States Court
The creditors of the negroes who
| are charged with conspiracy jointly
] in the petitions of the bankrupts are
Sarah johnson and Henry Corbett of
the firm of Corbett Brothers.
| The conspiracy charged in both cases
| lies in the fact that the Justices OF the
Peace are alleged to have caused ar
rest on false charges and to have used
threats OF Imprisonment to force the
petitioners to confess Judgment on GER
tain debts which had been declared
| null and void by judgment of the
United States Court which declared
both men bankrupts. In each case it
- CndEBeu the neETOeS confessed jung
ment for amounts in excess of the ac-
tuaI amounts they owed. Notwith-
standing these agreements. no money
was collected from Hudson. although
the petition of Cocker states that
portion of the amount had been collect
ed from him.
In the charge of VIII Cocker against
Justice Carpenter, the statement is
further made that the confession of
judgment wrung from him for s75.s5
was wrung from him by the magistrate
with the purpose and intention of dis
obeyfng and setting at defiance the
bankruptcy law. and the order of adj
judication in the Negroes bankruptcy
proceedings rendered by Judge Jones
in August. The history of both cases
is set forth In the petitions.
Jerry Hudson represents that he was
adtudged a bankrupt in the United
States Court April Is. and that in his
petition in bankruptcy he duly sched-
| uled Sarah johnson a creditor. On
June T. Sarah Johnson. the petition al
1eges. made a complaint before Justice
Tarver and secured a warrant for his
arrest on charge of obtaining money
| under false pretenses.
He was arrested and taken to Judge
Tarver's Office. and while there. he says
| he was forced, in order to gain his
| liberty and freedom against arrest. to
| make a judgment of confession for the
| amount of $40, which was "in excess
of what he owed Sarah Johnson. and
for which she was scheduled"
He alleges that this was a conspir-
| acy entered into between Judge Tar
yer and the Johnson woman to harrass
and anoy him. ito use the criminal
laws and procedure of the State OF
Alabama to extort money. and to de-
priYe him of the equal protection OF
thef bankrupt law"
| The creditor in the case of VIII Co.
kef, the latter's petition states, was
| Henry Corbett. of the firm of Corbett
Brothers. of this city. On August 1S,
Coker declares, he was adiudged a
bankrupt. having duly scheduled Cor
bett Brothers among his list of cred
ftors. and the bankruptcy proceedings
are now pending in the United States
| Court
Justice Carpenter, he alleges, caused
his arrest on chafge preferred by
Henry Corbett. of obtaining money I'M
der false pretenses. When the arrest
was made, he was compelled to con-
fess Judgment for the amount of $75.s5,
a portion of which sum has since been
collected. When the confession was Sc
| cured, he was released from custody.
He further states that the fact that
Judge Carpenter intended to dlsobey
| the order of adjudication of the United
States Judge is shown in the Justices
| judgment entry, "inasnuch as It sub
stantially recites that this was done
| for the purpose of taking this debt
out Of the effect of the discharge in
bankruptcy"
| Upon the presentation of the petitions
| to Judge Jones yesterday orders were
issued by that official for Justice Tar
yer and Sarah Johnson and for Justice
Carpenter and Henry Corbett to appear
in Court September 25 and show cause
| why they should not be regarded as
being In contempt of the court.