The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-09-20

reached the conclusion that he would
gain nothing by defending himself.
When an effort was made to secure his
pardon few years ago the state decided
to do nothing, on the ground that he was
an old man who would have no place to
go If released, but would Immediately
become inmate of some asylum or
poorhouse. 1t was considered that, as
the public would be obliged to support
him somewhere, there was nothing to do
gained by transferring him from one in
stitution to another
In prison in a southern state is
negro serving a term of 20 years on a
charge of highway robbery. The counsel
of the league believes that he is in reality
paying a costly price for taking by force
his own money from a messenger who
failed to deliver it to the person to whom
1t was sent and refused to account for it.
This negro was employed as a brake
man. On Christmas day few years ago
he was ordered to go out on a run in the
opposite direction from his home. The
point where the crews were changed was
40 miles from where he lived. He asked
a white brakeman on a train which was
going to his home town to take 81 to his
wife as a Christmas present. He had not
had time to buy anything and was send
ing her all that he could spare, he ex-
planned in note A day or two later he
received complaining letter from her
saying that she had not seen him on
Christmas. and that he had not even sent
her a present.
He saw the trainman to whom he had
given the money and demanded its return.
The messenger asserted that he had deliv-
cred it. The negro said his wife had writ
ten him that she had not received 1t. The
messenger laughed and turned on his
heel The other, angered at this jumped
upon him, tore some bills from his
pocket, took 81 from them and returned
the small balance. 1t is said that the
bills were the very ones he had ntrusted
to his fellow trainman. He was after
ward arrested on the charge of highway
robbery. At the trial he was not repre-
scented by counsel as he had no money
The other man, who would have been
liable to Imprisonment on a charge of
petit larceny had the prisoners story
been proved correct swore that the money
was his own. The prisoner had an oppor-
tunity to speak for himself, but it was
of no avail. He was negro.
Sam" Lee lived in the mountains of
West Virginia with his mother and two
sisters. He was an industrious youth of
IS. The family was poor, and he was its
chief support. He was quiet, even diff
dent, in the presence of strangers. Adj
joining their modest little place was the
farm of a wel-to-do bachelor.
The young fellow was engaged to girl
living on a farm in the neighborhood.
One Sunday afternoon she was visiting,
the home of the young mans mother. The
mother. his sisters, his sweetheart and he
were seated ON the porch, which was close
to the road The bachelor rode up on his
horse. He had been drinking. He stopped
at the gate and made some unprintable
remark in a loud voice. Sam" went
down to the gate and tried to turn the
conversation in another direction. The
wealthy neighbor shouted out vile pro-
posal to the young woman visitor. He
began to dismount The young man
picked up a stick and struck him. He
turned his head in such way that
it hit a vital spot and he fell to the
ground unconscious. He died two or
three days later
vindictive. Sam" Lees family had no
money for employment of counsel. He
was diffident and made practically no de-
Tense. He was sentenced to serve term
of Is yeads. After he had been in prison
six or seven years, during which time
his family were barely able to exc out
living, pardon was secured for him.
His fiancee had remained faithful. After
his release Lee would not go back to his
own county but took his family down
to a port where he could secure employ
ment in shipyard and lose his identity.
There he gave promise of being faith
full and efficient workman.
The Literal Justice league has many
other cases of undeserved hardship on its
books for investigation.