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THE LEE COUNTY JOURNAL
YOI, X.
By Decision of High Court in
Noted Chain-Gang Case.
NO POINT 1S SUSTAINED
Had Court Sustained Jurist Every
Chain Gang Prisoner in State of
| Geergia Could Have Secured |
Eht : Liberty, L
il Vs
A Wasaington dispatich says: The
‘well known Wimbish-Jamison case,
from Macon, Ga., was decided 1w the
Ssupreme court Monday. The action of
Judge Emoiy Speer of the southern
federal district of Geargia, was re
versed ani the case remanded. The
eifect of this is to uphold the record
er’s couri ¢f Mucon,
E. A. Winabisn is superintenden:
©f the Bibh county chaingang.
This 18 the case in which United
States Judge Speer interfereq with
the sentence of g prisoner, Jamison,
& colored man, by a recorder’s court
. ©f Macon, to work on the streets.
The opinion of the court, rendered
one week from the day of argument,’
‘was the occasion of some surprise. It
was contained in a few words only,
and contrary to the usual custom, was
not even reduced to avriting,
Henry Jemison was arrested on
March #3, 1904, on 5 charge of being
drunk, and disorderly, and being tricd
beldre the recorder of the city of Ma
¢on, plead guilty and on two counts
Wwas senteaced to pay a fine of $6O
or be committed to the county chain
gang for 210 days. Four days later
‘the prisoner, instead of taking advan
tage of the usual remedies under the
state laws, presenteq a petition for a
" writ of habeas corpus cum causa to
Judge Speer of the federal court, ai
leging that his arrest and punishment
were illegal, because they were “with
out due process of law,” and because
be was siabject “to infamous punish
ment . . . . . in violation of the
constitution of the United States.”
The case was finally argued in June,
1904, and Tudge Speer, after having it
under advisement for a week, ordered
the discharge of Jamison, holding,
among other things, that “Jamison was
detaineq of his liberty and subjected
to infamous punishment without due
process of law.” |
“Besides,” the judge ruled, “the sen
tence against him is void, void fori
want of du2 process of law and void
because o9ne man cannot adjudge in- 1
famy.”
The co:tentions of Wimbish, the
respondent in the lower court, were
in part as follows.
“That Jamison should be remanded
to his custody as superintendent of
the chaingang, and should not be dis
charged upon a writ of habeas cor
pus, for the reason that he held him
under a sentence from a police court
of summary powers, with jurisdiction
over the person and the offense, as
provided by the law of the state.
“That the case did not imperatively
" demand Jamison’s release by writ of
habeas corpus.”
The case involving the determina
tion of a I:ght claimed under the con
stitution of the United States, it was
appealed to the federal supreme
court, with the result already stated.
The decision quashes the writ of hab
eas corpus and dismisses the ipetition.
Had Judge Speer been upheld, a fed
eral district judge would have been
glven the jower to release every per
son confined at hard labor under the
processes of state courts, and the rule
that punishment by hard labor is in
famous punishment, contrary to the
fifth amendment to the constitution,
would have been established.
COWHIDING AT THE TRIAL.
Sensation Grows Out of Murder Case
at St. Augustine, Fla,
The preliminary trials of the four
Osteen brothers, accused of the mur- i
der of Georrge and Edward Carter, at
Moultrie, Fia., was held in St. Augus- '
tine Monday.
Judge Mackay decided to hold all ‘
« the defendants under $l,OOO bond each
to answer such indictments as may be
found at the November term of the
circuit court. The fifth brother, James
Osteen, has not yet been captured.
A sensational affair grew out of the
trial shortly after the court adjourned ’
at noon. Louis Micsler of Diego at.
tacked and severely cowhided Perry‘
Greene of Moultrie pefore the affair
was stopped by outsiders. It was said
that Mickler had been bitter against
Green for rears on account of an in
sulting letter Green is alleged to have
written to his wife. The two attended
the trial and the cowhiding followed. l
[EVANGELIST DENOUNCED
Rev. Stuart De¢fames Methodist DI
vines and is Called Down Hard
and Heavy by Bishop Hess.
t A stormy session of the Holston
conterence of the Methodist Episcopal
lchurch, south, in session at Bristol,
Tenn., was brought to an abrupt end
ing Saturday afternoon by a well
lnown minister of the conference
i tpenly denouncing as false certain
statements made by Evangelist George
1 R. Stuart, in an animated speech In
which he scethingly arraigned a prom
inet bishap of the ghurch and his cab
inet.
ReV., Mr. Stuart was expressing his
sentiment of ministers who are ad
dicted to tbs tobacco hahit, and re
ferred to Ihe bishop and his cabinet
having occupled a room at a home
where they were recently entertained,
and the lady of the house, showing
him the room after they had gone,
which, he faid, “was in such a bad
condition from the use of tobacco that
it was necessary to take the carpets
| up and repaper the room.
“The ronom looked as though it had
been occupied by hogs rather than
men, and T tell you, brethren, this is
a disgrace to the church and your
calling. This lady told me she would
never entertain another bishop and
his conference, and I don’t blame
her.”
He threw hot shot into the use of
the leading stimulant at soda foun
tains as a beverage, which, he says,
is a curse to our young men and
is debauching their mental and moral
natures, besides undermining their
health and rendering them unfit for
the responsible positions of life.
He then offerej a resolution recom
mending the prohibition party in Ten
nessee for temperance legislation,
which was finally passed by a major
ity of three votes.
The address of Rev. Stuart provok
ed a heated reply from Bishop Hoss,
of Nashville, who was presiding.
Rising to his feet in a passionate
speech, the 'pishop resented the re
marks of Rev. Stuart on a bishop
of the church, and he said he was
clean himself and a gentleman and
knew his colleagues were also clean
and up to a high standard of morals.
Fie declared the clause of the résolu
tion referring to political parties was
improper and also the one referring
to the soda fountain beverage, es he'
didn’t believe they could be establish
ed by cold facts. The assembly be
came confused and numbers Wwere
trying to speak when a hurried mo
tion was made and carried to ad
journ.
NEW ORLEANS FEVER REPORT.
Nineteen Cases Saturday’s Record,
Quarantines to Be Lifted.
The official report in New Orleans
Saturday was as follows: New cases
19, total cases to date 38,305, deaths 5,
total deaths to date 428, cases under
treatment 156, cases discharged 2,721,
The remarkable feature of the re
port is that cnly seven of the new
cases are below Canal street and eight
above, which is the first time since
the fever started that the preponder
ance has been uptown. !
| Sunday’s report showed only nine
new cases and three deaths.
Many of the parishes have agreed
to raise the quaranttnes immediately.
Ten positive answers have been re
ceived, The opening up of Baton
Rouge has resulted in a rush to that
town.
Reports from the country were very
light. The reports from Mississippi
were: Vicksburg, one new case;
Natchez, three new cases; Port Gib
son, three new cases, one death; Gulf
port, one new case.
PORTLAND FAIR CLOSES.
Attendance During the Exposition
Showed Grand Total of 2,545,509,
When the gates of the Lewis and
Clark exposition closed at Portland,
Oregon, at 1 o'clock Sunday morning,
a total attendance of 56,960 for the
day had bheen registered, making the
grand total for the entire fair period
2,545,509,
) e
OH, TO BE A HEROIC HERO,
Carnegie Medals Are Handed Out by
Commission at Pittsburg.
The Carnegie hero fund commission
met in Pittsburg, Pa. Monday and
awarded t¢a medals as follows: Wid
ow of Daniel Davis, Cleveland; Wade
H. Plumber, Lamar, 8. C.; Michael
A. Doyle, Canada; Maude Titus, New
ark, N, J.; Mrs. Sadie L. Crabb, Vir
ginia; Miss Anna Cunningham, Savan
nah, Ga.; William C. Brune, Sandusky,
Ohio; Arthur J, Gottschalk, Lancas
ter, N. Y.; George F. Russell, New
London, Conn.; Arthur A. Ross, Fox
boro, Mass,
LEESBURG, GA., FRIDAY, OCTOBER 20, 1905.
GRAFTERS’ BOODLE
w
Four Men Made $200,000 in
Cotton Leak Scheme.
HOLMES’' SHARE $25,017
Controversy Between Baggage Trans
fer Companies at Atlanta Passed
Upon In Fulton Buperior Court.
The profits of the alleged oconspira
tors in the operations based on the re
cent leak in the government cotton
crop reports are placed at approxi
mately $200,000, according to an In
dictment presented in court at New
York Friday on the arraignment be
fore United #States Commissionor
Ridgeway of Frederick A. Peckham
and Moses Haas.
According to charges made in this
indictment, Edwin S. Holmes, Jr., as
sistant statistician of the department
of agriculture, received $25,017.
The indictment which was found
by a grand jury in Washington on
October 8 is against Edwin 8. Holmes,
Jr., ang L. C. Van Riper, as well as
against Haas and Peckham, and
charges all four collectively with hav
ing comspired to defraud by procur
ing advance information from Holmes
concerning the government’s cotton
crop report, _ 3
It sets forth in full many coples of
telegrams and also of checks which
passed between the accused, tending
to show that a conspiracy existed.
One of the checks, dated December
13, 1004, drawn on the Second na
tional bank, of Hoboken, and signed
by lewis C. Van Riper, calls for th}
payment of $24,250 to M. Haas, of
whioh sum it is alleged, Haas paid
Holmes $14,260 in cash. Many other
minor checks for sums ranging from
$lOO to $5OO are set forth in the in
dictment, in addition to another check
signed by Van Riper and payable to
Haas on the same bank for $38,292,
dated December 31, 1904. Of this sum,
it is claimed, Holmes got $10,767.
Counsel for the defense moved for
the discharge of the prisoners on the
ground that the charge as alleged did
not constitute an offense against the
government.
The hearing on the motion was ad
journed until October 21.
PHILADELPHIA GRAFTERS
Arralgned in Court on Charge of Con
spiracy to Defraug Clty.
‘ Charged with conspiracy to defraud
the elty, Abraham L, English, former
‘director of public safety, and John
W. Henderson and Henry E. Baten,
'members of a contracting firm; Philip
'H. Johnson, an architect, and James
‘D. Finely, formerly a building inspec
tor, were arraigned for a hearing in
Philadelphia Friday before Magistrate
Eisenbrown.
~ The prosecution was instigated by
‘Mayor Weaver, and is the result of
'an investigation made by W. Bleddin
Powell, city architect, into the con
struction of one of the buildings of the
‘new city hospital for contagious dis
eases, The contract for the building
was awarded to Henderson & Co., on
March 6, 1903, the price being $142,-
700, but was disregarded in many par
ticulars.
~ Former Judge Gordon, special coun.
sel for Mayor Weaver, offered in evi
dence the proposals submitted by
Hendersen & Co. The items included
one for the entire work without tiling
at a cost of $135,000; one for the work
with tiling at $142,700, and a third
without tiling and with maple instead
of mosaic flooring at $125,000.
There was little tiling, some of the
roc” ¢ were not plastered, and where
the specifications haq called for brick
walls plaster and expanded wire were
used. Instead of Mosaic flooring the
builders had substituted maple ip
many of the rooms and corridors. In
stead of the 101,119 pounds of steel
only 26,000 pounds had been used. Al
though the contractors were,paid in
full for their work, City Awmchitect
Powell testified the bhuilding 1s not
complete,
WANT TAFT ON THE LID,
Panamans Ask War Secretary to Be
Presznt on Anniversary.
If the wishes of the people of
Panama are to be acquiesced in, Sec
retary Taft will time his intended visit
to the isthmus that he may be there
November 3, the anniversary of the
separation of Panama.from Colombia
Thig day is to be celebrated as a na
tional holiday, and a special and urg
ent invitation has been extended to
the secretary and Mrs. Taft to par
ticipate in the celebration,
~ Epitomized Items of Interest
Gathered at Random.
Notice—Fourth Georgia Regiment.
The survivors of this regiment are
earnestly requested to meet in Ma.
con, Ga., to attend the annual reunion,
which will be held at the court house
at 2 o'clock p. m., November 8, 1905.
—W. H. GILBERT.
* % %
| Masons to Meet in Macon.
_The grand lodse of Masons of Geor
gla will assemble in the city of Macon
on Qictober 31, and will be in session
three days. The coming session prom
ises to be the most interesting and
the most largely attended in the his
tory of Georgia Masonry.
} R N )
~ To Doles. Cook Brigade Survivors,
~ Commander Charies D. Camp urges
the survivors of this brigade to at
tend the annual meeting of the “Doles-
Cook Brigade Survivors’ Association,”
which will Le held at the court house
in* Macon at 2 o’clock p. m.,, Novem
‘ber 8, 1905. There will be & number
of addresses and business of import
ance will be transacted.
| % % *
General McGlashan Paralyzed.
General P. A. McGlashan of Savan
nah, commanding the Georgla divisitn
of Confederate Veteramns, will not be
able to attend the reunion to be held
in Macon.
He has sustained a stroke of paral
ysis, which, while sald not to be se.
vere, will incapacitate him for the trip
and render absence from the observa
tion of his physician inadvisable. Gen
eral McGlashan is over 75 years old.
| & ®
Quarantine Regulations Extended.
As an additional precaution to the
‘people lying in the southern part of
the state, President Willls F. Wiest
moreland of the state hoard of health
announces that the yellow fever quar
antine regulations have been extended
to take in more territory, and that
it will be some time before it is
raised. President Westmoreland’s
announcement will be read with sur
prise in some quarters because of the
publication that with the frost quaran
tine would be raised.
89
State Wins Over W. & A.
The comptroller general’s assess.
ment of the Atlanta and West Point
‘railroad has been accepted by the
becard of arbitrators in that case. By
this action about $400,000 has been
added to the taxable value of the
road, The sworn statement made by
the officers of the road fixed the total
value at $1,913,533.60, of which $486;
442 represented the returned value
of the franchises. The comptroller
general refused the return and assess
ed the road at a total value of $2,:
341,444, of which $743,189 was for
the franchise.
%0 W
J. Pope Brown Eulogized.
Resolutions eulogizing retiring Rail
road Commissioner J. Pope Brown of
Hawkinsville were adgpted by his as
soclates on the commission, Hon, H.
‘Warner Hill and Hon. J. M. Brown,
The resolutica referred in strong
terms to the character and ability ot
Mr, Brown and refered feelingly to
the warm friendship and esteem felt
for him by his associate commission
ers.
At the next meeting of the com
mission Hon, O. B. Stevens, Mr.
Brown’s successors, will assume his
place as a member of the commission,
s 8 9
Policemen Refuse to Resign.
The effort to establish civil service
in the police department of Atlanta
has reached a veryv acute and interest
ing stage. About twenty of the men
have refused to resign and declare
that they will stand pat. This action,
it is said, may block the game and
prevent civil service from being es
tablished in the department until the
next general election.
The city attorney has been appealed
to for an opinion, but he says that
Just at present he can only say that
unless a “substantial” number of the
men refused to resign the hoard can
go along and act as if the regigna
tions had been unanimous.
& # *
Pharmacists to Prosecute,
Two accuzations have been sworn
out at Royston againet the proprietors
of the Ridgeway Drug company and
McCrary Drug company for the alleged
compounding of drugs and medicines
without a license.
The accusations were sworn to by
Attorney Madison Bell of Atlanta, who
ig the legal representative of the Geor.
gia state hoard of pharmacy. Attorney
Bell stated that the licensed pharma
cists of the state had organized and
would vigorously prosecute all cases
where medicines were being sold con
trary to the authority of the law.
P
Colored Veteran Honored.
The funeral of Amos T. Rucker, the
ante bellum negro, took place in At
lanta a few days ago. He was a mem
ber of Camp Walker Confederate Vet:
erans, which followeq the body to the
grave as an honorary escort. General
Clement A. Evans, division comman
der of the United Confederate Vete
rans, officiated at the funeral, and
among the pailbearers were former
Governor Allen D. Candler, General
A. J. West, Judge W. Loundes Cal
houn, Dr. Amos Fox and R. S. Os
borne, Ruocker followed his master,
“Sandy” Rucker, through the civil
wae in the thirty4hird Georgia infan.
try, and has been a famiMar figure
at confederate reunions for years.
. % =
New Afternoon Paper for Atlanta.
Atlanta {s to have another evening
paper. The new publication will be
gin its life as soon as its equipment,
which is already ordered, has ar
rived. The gentlemen behind the new
publication are well known newspaper
men, and each is reputed to be very
walthy.
The new company will be known
ag “The Georglan Company.” Their
paper will be a penny evening paper.
The gentlemen back of The Georgian
company are F. L. Seely of Atlanta,
Charles M. Palmer of New York and
E. W. Grove of Bt. Louls. Mr. Palmer
is one of the largest owners of news
paper stock in the United States,
iy
To Import German Servants.
A movement ig on foot at Valdos
ta to bring forty or fifty German serv
ants to the city from New York. Sev
eral of the citizens have been in cor
respondence with an egency in New
York, which proposes te furnish desir
able servants of this kind. They will
not come except in crowds of twenty
or more, as they desire companionship,
s 0 a number of the local eitizens have
decided to go in together and bring
out a large crowd of them.
The servant question is getting to
be g serious one. The unreliability of
the negroes, it is charged, is getting
to be one of the chief objections to
them. _
. & =&
Fayette Singers Took Prize,
By all odds, the event of the great
state fair now in progress in Atlanta
was the old-fashioned all-day singing,
which brought Georgians to the city
from all parts of the state.
The big event was held in the Coli
seum, and, according to Prodessor A.
J. Showalter, the director, the singers
alone numbered more than 4,000
voices,
‘ The matter of assigning the prizes
took considerable time. As for attend
‘ ance, Douglass county’s delegation had
the best of it, with the number of
singers in excess of 300, and each and
every one of these a voealist of merit.
Fayette county, while sending a much
smaller delegation, carried off the first
honors, so far as the best singing wag
concerned.
® % »
Two Silly Women Appeal,
Both wives of John R. Haynes, the
young man acquitted in Atlanta of
bigamy, called on Governor Terrell
and solicited him to deny the requi
sition of the governor of South Caro.
lina, in which state Haynes is wanted
by the law.
The young wives were ushered into
the governor’s presence by Colonel B,
M. Blackburn, who stated that “the
wivgs of John Haynes” wished to be
heard on the requisition proceedings.
The governor greeted both Mrs.
Haynes and asked them if they had
aquarreled any. They replied in the
negative, and their deportment bore
them out. They seemed the best of
friends. .
“Which one of you gets the hus
band if I deny the requisition?” asked
the governor,
“Oh, we will let the law decide
that,” responded the young wives.
Japan was wise in knowing wher
ghe had cinched enough. Inability to
recognize the time to quit is a seriow
‘ failing, avers the Eimira Gazette,
t GREENE AND GAYNOR AT HOME.
Noted Prisoners Have Many Caliers
in Savannah Jail,
| P. W. Meldrim, counsel for Greene
and Gaynor, when asked when he
i would make application to Judge
Speer for admission to his clients to
‘bail, replied that he had no idea of
doing so.
The prisoners have settled down to
“housekeeping” anq are comfortably
situated at the jail. Every day they re
.(:elve visitors.and some of the most
prominent people in the community
have been among thoge ~ho have
called. .
The prisoners expect io be brought,
to trial at the coming term of court.
NO. 18.
| SOUTH'S GREAT PROSPERITY. |
\ A
Government Report§' Bhow Flattering
‘ Advance Along A“\J'J!}el.
~ Washington, October IG, —* Recent
government reports indicate & great
wave of prosperity sweeping over the
‘south, and it would seem that this
prosperity in the fair jand of Dixie
{s not confined to any partioular sec
tion or industry. It is widespread.
From every state south of the his
toric Potomac river cormes the glad
tidings of good times. Ri: phenom
enal prosperity abounds in ,V!tOl‘e.WOfk',_
shop, mine, factory and in the com-:~
struction and improvement of rall
ways. Not one discordant note is heard
on prosperity’s lute in the land of
cotton and magnolia blossoms. Farme'
ers are blessed with bountiful crops,
for which they are recelving magnifi
cent prices. The cotton manufacturer
finds himeelf put to a strong test to
fili the orders for goods he has from
both foreign and domestic buyers, and
raitways are busy construsating new
lines to new industrial centers spring
ing into being day by day. :
But the greatest evidence of pros
perity at the south is to be found
in cotton milling and the manufacture
of furniture. In the past fifteen years
cottan mills and furniture factories
have sprung into being all over the
gouth, especially in the states of Ala
bama, Georgia, North Carolina, South
Carolina and Virginia, and this good
year 1905 finds them working over
titne to meet the demands for their
products. These cotton mills and fur
ntture factories draw on the fields and
forests of all the states of the south
for their raw material. The railroads
are assisting them very materially in
their strides toward making the south
a manufacturing empire by a most lib
eral policy in the matter of freight
rates, both on raw materials and man
ufactured products. :
The cotton mills of New England
have hitherto had a monopoly of cot
ton manufactures in this country, The
advantages enjoyed by that seotion in
water transportation which guaran- |
teed to eastern spinners very cheap
freight, has in the past enabled yan
keedom to maintain a complete mo
nopoly in cottop milling. It is differ
ent, far different, today, however. The
great railway systems pemetrating the
gouth, the home of raw cotton and
virgin forests, concluded to ald strug
gling manufacturers in the south and
build up cotton milling and other man
ufacturing in that section. They re
duced the freight on raw materials to
the mills and factories, and on the
manufaetured produets from the mills
and factories to the markets of the
east and west, which reduction plac
ed the southern mill men and manu
facturers on an equal footing with the
cotton mills of New FEmngland and the
furniture manufacturers of the west,
so today the southern mill men and
manufacturers are enabled to market
their products at the very doors of
the eastern and western manufactur
ers in competition with them, :
As before stated, this liberal policy
in the matter of freight rates on the
part of the rallways leading to the
south has been the chief means of
building up her manufacturing indus
tries, the real cause of her present un
bounded prosperity and the southern
people owe a debt of gratitude to these
land transportation companies they
will never be able to repay in full,
Japan’s fisheries employ 3,000,000
people, and 10,000,000 men, women
and children are supported thereby.
COFFEE NEURALCIA
L.eaves When You Quit and Use Pestum,
A lady who unconsclously drifted
into nervous prostration brought on by
coffee, says:
“I have been a coffee drinker all my
life, and used It regularly, three times
a day.
“A year or two ago I became subject
to nervous neuralgia, attacks of mner
vous headache and general -nervous
prostration which not only incapacitat.
] ed me for doing my housework, but
frequently made it necessary for me to
remain in a dark room for two or three
| days at a time.
“I employed several good doctors, one
after the other, but nome of them was
able to give mre permanent relief,
“Pight months ago a friend suggest
ed that perhaps coffee was the cause of
my troubles and that I try Postum
Food Coffee and give up the old kind.
I am glad I took her advice, for my
health has been entirely restored. I
have no more neuralgia, nor have I had
one solitary headache in all these eight
months. No more of my days are
wasted in solitary confinement in a
dark room. Ido all my own work with
ease. The flesh that I lost during the
years of my mnervous prostration bhas
come back to me during these months,
and I am once more a happy, healthy
woman. I enclose a list of names of
| friends who can vouch for the truth
| of the statement.”” Name given by
{ Postum Co., Battle Creek, Mich.
There’s a reason. A
Ten days' trial leaving off coffee and
‘ using Postum is sufficient, All grocers,