The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-01-22
"JOSH' ASHLEY INDICTED.
Federal Grand Jury Sitting in Colum-
bla Charges Him With
Peonage.
Columbia State, 10th.

Columbia State, 10th.
"Citizen Joshua w. Ashley has
been presented by the federal grand
jury of this State, the charge being
peonage. A true bill was returned un-
animously yesterday. This statement
will no doubt make quite a sensation
throughout the upper part Of the
State, for Ashley has been a promin-
ent figure in politics in Anderson
county for score of years-promin-
ent, not only because of his singular
personality, but also because Of the
fact that he has had a real domin-
ant position in the politics Of that
great county with its 5000 votes. Mr..
Ernest F. Cochrane, the United States
district attorney, declared that he
would not try his case out Of court
and would not give any Of the details
Of the evidence. The grand jurors
also declined to have anything to say.
They spent about six hours deliberat-
ing over the case before they return
ed a true bill.
Representative Ashley has not
been placed in formal arrest. He is
member of the general assembly of
South Carolina and the constitution
Of the State says that the members
may not be arrested while the general
assembly is in session. Mr.. Coch-
rane has not yet decided whether he
will have Josh Ashley arrested but
is inclined to think that such a step
viii not be necessary, as Ashley is
man of considerable wealth and would
hardly run away under the charge.
How the Matter Stands.
The case, in brief, is this. For
months the department of justice at
Washington has been hearing rumors
that Ashley was conducting a kind
Of peonage on his big farm in Ander-
son county. Special agents were put
to work on the case last fall. They
have not worked continuously. but
have produced evidence which con-
vinced the United States district at
torney Of the Importance of the facts
presented by the secret service men.
Josh Ashley went home last Satur-
day as there was ito be no session Of
the house Of representatives until
Wednesday morning. He was expect
ed on the train arriving at midnight
last night. Mr.. Cochrane and his as
sistant, Mr.. Bacot, said yesterday
that the case might not be tried here
this week and probably would not be.
Article 3, section Ii, Of the State
constitution Of 1895 says:
"The members Of both houses shall
be protected in their persons and es-
bates during their attendance on, 60
ing to and returning from the general
assembly, and 10 days previous to
the sitting and 10 days after the ad-
iournment thereof. But these priv
leges shall not protect any member
charged with felony, treason OF
breach of the peace"
The object Of this section is to pre-
vent a quorum of the legislature from
being broken at any time by false ar
rest rather than to grant any immun-
ity to legislators.
The statutes under which this ac-
tion in the federal court has been
brought were passed in 1867 and are
so definite in Its term that the jury
can not but be guided by the Evidence
in the case-whateuer that may be-
Members Of the grand jury seemed to
be very much impressed with evidence
given by Mr.. Frank P. Robinson, the
town marshal at Honea Path, and
Mr.. Donnella, the magistrate.
The evidence in this particular
case is that Ashley's adopted son.
John McGaha, who was killed IN Oep-
tember, had some negroes indebted to
him. That Ashley has since tried to
collect that money by an enforced
servitude, 'Eto work and labor fol
and serve in liquidation of said debt
in an Involuntary service" 3" etc.
The title Of the case is ''The Unit
ed States circuit court, district o1
South Carolina. The United States
VS. Joshua W. Ashley. Indictment fol
Violation of Sections 1926 and l990
Revised Statutes Of the United
States.'
"a true bill, ". c. Latimer, fore
man of the grand jury, Jan. l9