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THIS W El E kC 7 S A F? F? IV A L.—A large assortment of Ladies’ Coat
Suits in a variety of styles, plain tailored and braided. The suits are made by one of the
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— J our CLOTHING DEPARTMENT
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Yours truly, HIGDON-HERRING CO., CAIRO, GA.
J
WOE UNTO THE
po»fe tongue.
the
Editor Progress: I notice in
last issue of your yaluable paper an
article under the head-lines of
“Something to Think About” some
severe strictures upon the judge of
the city court for certain things said
to have happened at the last term
of said court. Now, this was the
case of the State vs L. H. Fos.ei,
and “Justice” is wholly mistaken
as to the disposition of a part of the
cases. Why didn’t he consult the
record before making this tirade?
If ire had he would have found that
the solicitor had, with the approval
of the court, had two of these Cases
nol pros’d, and by agreement be
tween the solicitor the defendant
was to plead guilty on the other
charge, as they all grew out of the
same transaction and considered
one continuous case. The defend
ant was brought into court late in
the afternoon on Thursday just be
fore the jury was discharged and
plead guilty, and left with the un
derstanding with the court and so
licitor that the sentence was to be
passed the next day when court
convened. This was understood bv
all the court officers. Let me tell
“Justice” that this is not an unus
ual practice in the courts; on the
contrary, it is the rule that when
ljie ; court discharges the jury the
defendants are brought in end sen
tenced. It is not necessary that the
• jury be present. But in this case
court convened the next day .quite a
number, among them Mr. Foster,
who plead guilty the afternoon be
fore. The court then had the so
licitor to prepare the following or
der 1 “Ordered that the sheriff
take into immediate custody all de
fendants who have been fined, or
who have plead guilty and have not
been sentenced, or who have been
fined or Sentenced and who have
been granted a supersedeas and
JjlftCG said defendant in jail for dis
position according to judgment
and sentence, unless said defend
ants pay their fines to the solicitor
of this court instanter; a reasona
ble time having already elapsed for
the payment of such fines. This
July 26, 1910.
J. R. Singletary,
Judge City Court of Cairo
When Mr. Foster was brought
into court the next morning for the
purpose of passing sentence upon
him ho arose and said on account
of the order issued above, which he
said reflected on him, he was going
to witlidray his plea of guilty en
tered into the day before and de
mand trial by a jury. Now, the
court was in doubt as to whether he
could do it. The demand was made
under section 946 of the penal code.
It appeared upon reading that
section that the court had to allow
the defendant’s demand. Now, the
court had been imposed upon; the
duplicity of the defendant was most
flagrant and reprehensible but the
court was not a party to it. The
court never dreamed but what the
defendant would do what he prom
ised the judge and solicitor; he be
ing a member of the bar and by vir
tue thereof an officer of the court
and supposed to be in good stand'
ing.
Now 1 , “Justice” lays great stress
on the fact that the solicitor was
trying to get the court to pass sen
tence upon the defendant while the
jury was present. The solicitor
did urge upon the court the import
ance of having him plead guilty
before the jury was dispersed, for
the reason the defendant wanted to
enter his plea of guilty the next day
and the solicitor was afraid he
wouldn’t do it after the jury wrb
discharged. The court directed the
sheriff to bring the defendant, in
court and the solicitor entered his
plea of guilty. The matter of pass- Grady superior court to answer to
ing sentence was not brought up
until after Mr. Foster had left the
court room, but the court never
thought the defendant intended to
play false to it and the solicitor.
Now, this is the case in full; and
is the night-mare that is so disturb
ing the equilibrium of “Justice.”
It is true that the judge of the city
court may make errors, but they
are errors,of the head and not of
the heart. And if “Justice’ ’ means
to lead his readers to believe that
the judge connived with the de
fendant for the purpose of having
his ease continued, or having a
whispered conversation relative to
it, or that he was a party to a “con
temptible trick which has for its
object to defeat justice;” then we
denounce this black insinuation and
demand that he make proof of it,
or be branded a common slanderer,
a traducer, and character assassin.
Again he says, “an unfaithful or
venal officer is the worst curse that
can be imposed upon any commu
nity.” Now, if ‘'Justice” means
to infer or to intimate by innuendo
or otherwise that the judge of the
city court is guilty of venality, can
be bought, hired or bribed; then
we demand that he make proof of
the same or else be denounced as a
dirty - dog, a caluminous slanderer
and fomenter of strife and discord.
The judge has his faults, but they
are not venal and every act he has
ever done has been founded upon
the highest plains of justice as he
saw it. He has tried to make his
every act conform to what Csesar
wanted His wife to be ■ above sus
picion ’ ’ On what kind of crow has
this “CtBsar” been feeding lately
that he arrogates to himself the
right to censure all the institutions
of the county; even to know the
whisperings going on in the city
every vile imputation in “Some
thing to Think About.”
Very respectfully,
J. R. Singletary.
THE PLEA BE
THE ACCUSED
Cairo, Ga., August 27, 1910.
Mr. Editor: In the county pa
pers of Inst week under the cap
tion, “Something to Think About,”
some mighty mind unleached a tinv
atom of its greatness and the hot
ozone violently vibrated from its
priggish prattle. But alas! poor
bubble, the truth will explode you
and the fragrance of your bloom
will perish and the decaying mould
of misrepresentation will leave a
rotten odor to pestilate the author
who deflow ers and soils to excessive
blackness the pure white name of
justice by assuming it as a signa
ture to perpetuate an injustice. The
writer of this article, mind you,
does not charge that the article in
question is untrue as to the whole,
but only such parts thereof as he is
personally familiar v ith, to-wit:
That which has reference to the
conduct of a certain cases at the last
term of the city court in which the
gentleman’s article, “Something to
Think About” is entirely mislead
ing. The facts are: The accused
came into court under three accu-
sations cumulative from the same
offense. In two of these cases a
verdict of not guilty was signed by
the court after being opportuned so
to do by the solicitor. • To the other
accusation the defendant entered a
plea of guilty, asking the solicitor
through courtesy to allow the court
to pass sentence the following day
after the jury was dispersed. Not
one word was said in open court
about sentence being passed before
the jury was dismissed. This was
late in the afternoon; the jury was
dismissed that day. On the follow
ing day the accused was not in
court, whereupon the judge, upon
his own motion, passed an order
requiring the sheriff to incarcerate
the accused in the county jail until
the fine was paid. As no fine had
as yet been assessed the accused
by written plea, withdrew his plea
of guilty and plead not guilty, as
the law allowed him to do, see penal
code of Georeia, section 946: “A
defendant has the- right to with
draw a plea of guilty at any time
before sentence is passed.”
The judge remarked that the de
fendant was trying to take advan
tage of the court and asked the so -
licitor if he knew of any law to the
contrary. The solicitor produced
none and the judge had no other
alternative except to order the plea
filed, which legally carried one case
over and not three, as the author of
“Something to Think About” would
have you believe.
These is not one word of truth in
the web he attempts to weave about
any whispered conversation relative
to these cases. If the accused had
any whisDered conversation with
the judge it concerned something
else and had no connection what
ever in any way with the cases in
question as the accused has never
had any conversation with the judge
at any time pertaining to these
cases.
The writer has thought, and
thought, and thought, and now, in
conclusion, thinks that the author
of “Something to Think About”
did not know the facts whereof he
wrote.
Thr Accused.
court? , ,, T .• ,,
Now, we want to put Justice
on notice that he will have an op-
nortunitv, not before tn© grunu ~- „ . • , ,
jury, but before twelve good men in went with the sheriff into court and
The Meeting at Long
Branch Last Saturday
By request of the pastor Rev.
G. F. Taylor, Dr. R. H. Harris
preached for him and presided over
the church conference, at Long
Branch, last Saturday. There was
a large congregation present and the
occasion was very impressive: Dur
ing the conference, Dr. Harris
read the pastor’s resignation, for
him, which was relunctantly ac
cepted, to take effect at the next re
gular meeting of the church to in
clude the fourth Sunday in this
month, September. Then to avoid
a possible “interregnum,” a call
was made for a new pastor whose
term will begin with the regular
monthly meeting of the church in
October. Rev. J. P.Swan was elec
ted by acclamation, and on motion,
the vote was made unanimous.
Witness.