The Mena weekly star. (Mena, Ark.) 1904-1977, 1911-05-18
CONVICT IS SUING,
ALLEGING CRUELTY
Suit OF Anton Brown Against
Contractor T.. n. Wiegel
Will Be Given 10
Jury To-day.


Little Rock, May ii.-The suit OF
Anton Brown of st. Louis, Mo-,
against T.. N. Wiegel, who operates
a contract convict camp, to recover
81 800 damages for alleged inhuman
treatment and unlawful detention
at the camp, was called in the
United States Circuit Court yes
lterday.
Brown was tried August s, 1910,
before Justice of the Peace Ivy, IN
Argenta, charged with assault and
battery. He was fined $3.50, which
amount also covered the costs. In
default of payment he was COM
mitted to work out the fine at
Wiegel's rock crusher. According
to his testimony yesterday, he was
subjected to an unmerciful beating,
Icompelled to work in the rain, and
suffered other nardships. He tes-
Titled that he was released October
%, but not until he had paid +. M.
Wiegel, Jr, warden of the camp,
Sf.25 in order to be relieved of an
additional IL days, which he said
1.-THE warden told him he would be
compelled to serve.
Brown testified that he was
lbeaten on the bare back by the war
den, who forced him to lie down on
the floor, while negroes held his
head and feet down. He further
swore that he was sick and unable
to work, and when asked why he
had been whipped had been told
it was because be did not perform
his task. With his feet blistered
and nails protruding through his
lshoes into his foot, he was forced
TO work, he testified. The testi-
mony in substance was to the
leffect that he had been whipped
about September is, and that evil
dence of the fact was discovered
about October 26, when Humane
lOnicer w. M. Rankin made an ex-
ANIMATION and found three dis
tinct stripes on his body.
| DtititS DfOAu ttdfBcS.
Edward N. Wiegel denied all the
material charges of Brown. He said
1.-THE prisoners were not worked in
lunfavorable weather and when
physically unable. He said he had
given his son authority as warden
to administer punishment TO pris-
oners, but denied any knowledge
of the charges of Brown until suit
had been fled.
G. b. Ivy, the Justice of The PEACE
lwho committed Brown, testified as
to his part in the case.
Edward Wiegel, Jr., warden of the
camp, admitted that ne had given
Brown three light lashes for the
treason, he testified, that Brown
; had declined to work, aud was al
. ways compla eing of being ILL., He
had physician make an cyamina-
ton. who declared thai Brown was
in good health. 1t was then that
he testified that nc had accused
Brown of Sinking and he whipped
him. He denied that he struck him
on the bare back. On cross-ex-
animation it developed, according
to the testimony of Wiegel, Jr., that
his father loid him that When 1t
was necessary for a white pris-
oner TO be whipped he would do i.
as "he knew better how to do it,"
The testimony of one or two others
in the employ of Wiegel was that
Brown had never niade complaint
Of the whipn ng, and had referred
. to it only in 4 casual and indiller-
ent manner.
1t was argued by counsel for the
plaintiff that under the law no inn
lprisonment can be added to a fine
for assault and battery, but the
commitment Weigel claimed was
for the fine and costs and sixty
days additional time.
Judge Vaughan, of Akers &
Vaughan, attorneys for Wiegel, in
a lengthy address, reviewed the
case and asserted that proof failed
to establish the contention of
Brown.
Attorney Lewis Rhotou Of Brad
shaw, Rhoton & Helm, counsel for
Brown, after Analysing the evil
dence, ridiculed the statement of
the three light taps and referred
to Wiegel as the man who obtained
| his living out of the blood and
| flesh of defenseless men,
| Preceding the trial, Judge Vaug-
han asked for a continuance of the
case. lie explained recent publicity
given to matters pertaining to the
conduct of similar institutions
tendede to create prejudice. The
icourt promptly overruled the mo-
ton.
| Judge Trieber announced that he
would instruct the jury in the case
To-day.
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LIFTED HIS HEAD IN A TUNNEL.