Pine Bluff daily graphic., 1909-05-06
PRISONER TO
 GET DAMAGES
" ynped and Held l2S 1.2 Days Over. Hme. According to Judge Trieber'>
 InstructiOns-O1Ner Verdict.

kansas with reference tO aliens ull~ lawfu9lT imprisoned. Congressmei; Nm, $. Bonnet of New York and John L. Burnett of Alabama. members of the National Immigration Comm;s- sion. arrived in Little Rock yester- day morning. They came here from 4be Tillar farm. which they inspected |Monday Yesterday they attended the United State Circuit Court and heard 1 the evidence ill the case of Charles Mcdonald ys. Frank 1'illaf on trial there They will probably remain in Arkansas several days and will spend today in Little Rock. In the case of Mcdonald vs. Tillar, which the commissioners spent the day listening to, Judge Trieber iil- structed the jury to find for the plain tiff in damages for FPS 1-2 days false Imprisonment and for whippings eiy- en him. The case was given to the jury just before adjournment. and the jury excused until this morning. when it will meet to agree upon a verdict. Mcdonald is asking for Slo.- 900 actual and $5,000 punitive dam ages. A verdict for heavy damages 1 is expected by those who followed the case yesterday.
 Congressmen Burnett and Bonnet came to Arkansas Sunday from Pen l sacola. Fla, and went directly to Drew county to investigate condi- tions on Tillar farm, of which num- erCus complaints have been made by l foreign counsels. They have been l conducting Investigations in Alabama and Florida since the midlle of April investigation at Pensacola The Im- migration Commission is looking into peonage conditions ill the South with reference to aliens confined. by the system. The commission was order ed to do the probing by resolution or Congress and will report on con- pleting the inquiry
 Tells of Bloody Whippings.
 The testimony in the case yester- day was striking and apparently made an impression on the immigration commissioners. Charles Mcdonald. the plaintiff, testified that he had oeen whipped at the farm five times. ohce he was whipped for cursing mule, he said, and another time for backing out of wasp's nest He alleges six men seized him and he was whipped with a rawhide dipped !" wet mud, cutting blood from his "acK and sides, for talking back to one Of the guards. Two other whip pnss were alleged by him. The de- iense admitted that he was whipped three times.
 "e1ense Admits He was Held 277 days
 Tie was held at the farm PIT days ou line and costs amounting to elll,S5. Arrest d in Hot Springs 'ouhty early in 1908 on charge of a'ssult and carry ing a pistol. he was
 0nslcted by jnstice of the peace 'uu med. Unable to pay his fine, he
 "'s sent to Tillar farm ill Drew eouaty By law he was entitled to s'ealt of 75 cents a day for the time ~ s was confined. To serve out his
 ana costs, 14S 1-2 days confine-
 i'ent was necessary. He was admit ,s sN neid at the farm 12s 1-2 days
 1aser' T, total of PIT days.
 'ne defense maintained that a aafge of $29 should be made for
 ua. ation of the prisoner from
 n. op~ags county to the farm in
 ,;ro. .ouhty, while no credit was
 tho 'n TOT Sundays nor days when
 ,p, ,'soher did not actually work,
 '"uee lnstructs Against TiIlar.
 th. charging the jury to find for
 toro.p piaintiff Judge Trieber dealt
 men. is with the false imprison-
 n,a. a, alleged by the plaintiff He
 act.s, 'nat the Jaw permitted only the
 ba .. me and costs of conviction to
 of sed against a man convicted
 eb,s.' crime and does not allow
 pr,se" 'o be made for transporting a
 is coa.s. ass from the county where he
 w"'ed wo,la. to the farm where he is
 k ,ssa. sasa., He held that the prisoner
 Gents 'eo to receive a credit of 75