528
The Green Bag
under the statute and Constitution of the United States. The consent of the per sons thus arrested and imprisoned, and thus worked to pay such debt, is no sort
of defense to peonage, if it be otherwise proven. It is sometimes attempted to justify these facts because Georgia has
wish to do anything of the sort. but I do beg of you to use the language
of which I know you are capable, the language of a cultivated gentleman, and save us that never ending “nigger. nigger, nigger." I want you to act as becomes a lawyer in this court.
Mr.Felder—-— I sublnit I am doing
made a contract labor law, but the con
tract labor law of Georgia does not authorize imprisonment at the will of private persons." During the conduct of the trial Felder, counsel for the defense, used language which Judge Speer thought appealed to race prejudice in an effort to influence the jury. The following collo quy interrupted his address to the jury summing up the evidence:—
that.
The Court-The Court thinks other wise. Mr. Felder did not press his claims any further. The Providence Journal. reviewing the incident,
has expressed
the opinion: "This lawyer is the Attor ney-General-elect for Georgia. It seems that he has learned something to his
advantage for sustaining the dignity of
The Court-Mr. Felder, don't you
the ofiice, assuming that the state courts
think the future Attomey-General of the state of Georgia can spare us this "nigger, nigger, nigger"? It sounds so unworthy of a great court of justice,
will not permit him to forget the lesson in good behavior imparted by the
and so unworthy of your own position
Judge Speer had offered such clear con siderations regarding the law of peorlagev
at the bar to be alluding to these poor unfortunate creatures constantly in the
lowest terms of degradation.
federal Judge."
In his address to the grand jury
and the facts adduced during the trial are so free from ambiguity, that the
I
reader will jump to the conclusion that
think I know my duties and rights as
a clear case cution. Notwas so the made jury. out by the profie'
Mr. Felder—Your Honor, please.
a lawyer, an American lawyer practising in an American court.
The taking of evidence occupied
The Court-—The Court thinks you
several days, the trial being one Of
are exceeding those rights, and if you continue on this line and insist upon using this language, which is nothing but an appeal to the lowest race
unusual length, and the Court's charge summing prehensiveupand the clear evidence as should was so Com‘ have
prejudice, I am very much afraid I will have to sever your relations, not
only in this case but in all cases in this court. I do not believe the Amer ican judiciary will tolerate the use of such language in the presence of a
court of justice on the part of a gentle man who as a condition precedent to his admission to the bar has sworn to support the Constitution and laws of the United States.
Now, I do not
been of the utmost help to the jury in forming an intelligent judgment. Yet the verdict was for acquittal, and the effort to crush out of existence certain
unfortunate institutions in Georgia has failed. The charge of the Court, however’ contained a ruling that the Georgia contract labor law was unconstitutional’ and this may be a partial victory. After
devoting considerable attention to the crime of compounding a felony, com
