The Montgomery advertiser., 1909-12-17
JUDGE DEFINES TERM PEONACE ls Asked by the Federal
 Jury. LATTER IN GARDNER CASE Says Condition is One of Enforced
 Service. SEaa Held Against HIS wm or Re- strsinea ef HI. Rishtful Lis- erty |. Lssuidssioa Of .
 Debt l. . Peea-- Cites Csse.
 
LATTER IN GARDNER CASE

Interest in the Wash Gardner al- legged peonaEe case before the Federal grand jury fsi not abating, and the jury's decisiou, "a the investigation Is awaited with general interest. Mat ters affecting the case have caused a postponement of the jury's report. Consequently. the date of the jury's re- port to Judge Jones is uncertain.
 Thursday the grand jury came into court and requested Judge Jones to define what constitutes peonage. Judge Jones answered that the condition of peonage, to return or hold to which is made criminal offense. is con dition of enforced servitude by which the servitor is restrained of his liberty, and compelled to labor against his will in liquidation of some debt or obligation, either real or pre- tended. and further that whether the Influence. force or threats to compel a person to render service to another. In liquidation of an obligation, amounts to such coercion as will render the ser vice involuntary and create the condi- ton of peonage depends upon the facts Of each case. Where no actual physi- cal force is used. such as laying hands on a person or actually imprisoning him. the question whether the peon's win has been subdued must be deter mined by taking into consideration the relative condition of the persons con- tracting to perform the service and the person exercising the force or influ- ence to compel It's performance in con. nection with all the facts and circum- stances.
 That the law struck at any deliber- ate course of action on the part of the creditor. or hirer. or empofyer. or other person claiming the right to compel the debtor to submit against his will to dominion over his person and liberty in order to coerce the service and if. in consequence of such acts the person is compelled against his will To render personal service in liquida- ton of a debt or obligation the case falls within the statute.
 The foreman then Inquired if the length of time in which person was compelled to render service to liqui- date debt against his will was ma teria1 in constituting an offense.
 The judge answered that the tima In which a person was held In a condition of peonage was lmmaterial. whether long or short. and could be considered so far.a guilt Is there was an intent to coerce the per- son against his will to render personal service to pay a debt.
 He also told the jury that the defln. iton he had given was substantially that of the Supreme Court of the Unit ed States In the Ciyatt case; that he jury must use their common sense; that wherever debt was claimed. against a person, and he was compelled to perform service to Iiquidate. 1t by threats or punishment which subdued his freedom of will. so that he remains in the service and performs 1t unwil- lingiy and because of such threats or punishment. that constitutes peonage
 The grand jury then retired. It Is not known when 1t will adjourn.
 The petit juries will be empanneled January 20 and the first three days ,will be given to the trial of bank rupt case. Beginning on January 24 the criminal docket will be taken up, and when it Is disposed of the civil docket will be called. The exact date for the commencement of the call of the civil docket. which will probably begin about the middle of February. will be announced later.