The Marietta journal. (Marietta, Ga.) 1918-1944, 1920-02-27
CHAIN GANG SENTENCE.
is HELD UP BY COURT
Status of Probation Order is Restor-
ed one Same Terms as Made
by Judge Morris

rest him and put him in the chain
gang to carry out the original SEN
tence of the court of two years, was
vacated and set aside on the writ of
habeas corpus proceedings filed by
Jackson, through his attorneys, Clay
& Blair and Judge Geo. F. Gober,
before Judge D. w. Blair last Sat-
urday, and Jackson was discharged
from custody.
In the habeas corpus proceeding
filed by Jackson he set out that upon
plea of guilty in two misdemeanor
cases on June 14th, 1919, he was
sentenced to serve term of twelve
months in each case in the chain gang
by Judge Morris; that on that date
he was put on probation in each of
said cases, copies of both the chain
gang sentence and the probation SEN,
tence were set out in full. He alleged
that he has been arrested by the
sheriff of Cobb county and was de-
tanned illegally and unlawfully and
that under the law he was entitled to
be released. The plaintiff (Jackson)
contended that he was not arrested
and brought before Judge Morris be-
fore the probation sentence was re-
voked. The probation sentence set
out as an exhibit contained the fol-
lowing conditions: That during the
two years the defendant shall main
tain correct life, shall indulge in
no unlawful, injurious, or vicious
habits of conduct, shall avoid places
and persons of unlawful, disreput-
able, or harmful character, shall not
leave the jurisdiction of the court
without permission of the court Shall
also refrain from in any manner vio-
lating the prohibition laws of the
State of Georgia; shall not visit a
pool room, shall not fight, shall not
carry pistol, shall not drink any,
thing intoxicating and shall engage
in steady work in some lawful occu-
patton, and shall not violate any law
in the State of Georgia or United
States. Shall at once pay a fine to
the amount of Two Hundred Dollars.
On October 9th, 1919, Judge Nor
ris passed an order with reference
to each of said probation sentences
as follows: Cobb Superior Court,
July Adjourned Term 1919. J. S.
jackson, the probationer within the
foregoing sentence having violated
the terms of the probation by haul
ing in his automobile in the City of
Marietta, said county, about 25 gal
Ions of intoxicating whiskey on Oc-
tober 9Th, 1919, and having whiskey
in his possession in said county, it is
ordered that said probation sentence
be and is hereby revoked, and the
sheriff of said county, or his lawful
deputy, are hereby ordered to i'm
mediately arrest the said J. S. Jack
son and deliver him to the chain gang
authorities of Cobb county, Georgia,
to serve the original sentences of
twelve months each in the chain gang
passed June 14th, 1919. This Oct.
9th, 1919. (signed) N. A Norris,
Judge Superior Court.
When the above order was passed
revoking the sentences it was claimed
on Oct 9Th, 1919, that Jackson had
an automobile with about rs gallons
of whiskey in it that turned over with
him on Page street, near the county
convict camp. 1t was also claimed
that he Immediately left the country.
When Judge Morris revoked the
probation sentence he issued a war;
rant and turned it over to the sheriff
with directions to arrest Jackson and
deliver him to the chain gang authori-
ties. Jackson was not arrested until
last week.
On the hearing of the writ of
habeas corpus before Judge Blair,
Jackson was not offered as witness.
Herbert Clay, one of his counsel, was
a witness for him and swore that he
saw Jackson in town the day the pro-
batioi order was revoked and the
warrant issued, and saw him at his
home about two weeks tlater. The
contention of counsel for jackson
was that jackson should have been
brought before Judge Mosris and
given an opportunity to show he had
not violated the probation sentences
before they were revoked. No wit
nesses were sworn in opposition to
the writ of habeas corpus.
After the hearing Judge Blair pas
sed an order as follows: Georgia,
Cobb county. Upon the hearing of
this writ of habeas corpus the same
is sustained. Petitioner is discharg-
ed from custody on Same. This order
does not in any way effect the valid
ity of the probation order made by
the court on June IA, 1919, and this
remains of force as when passed.
Let the plaintiff pay all costs of
this proceeding, including arrest and
expenses of returning him to the
county. This February 81, 1920.
(Signed) D. w. BLAIR,