The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1869-03-02

ring the fracas made some threatening
movements towards the negro.
Immediately after the assembling OF
Court in the afternoon, Mr. Estep. coun-
sci for the negro, moved for q bench
warrant for the arrest of Miss Amos and
her father, that they might be put under
bonds to keep the peace, and in support
of, and in addition to, the motion made
the most eloquent and mastery speech,
vindicating the majesty of the law, and
the sacredness of the Temple of Justice,
TO which we have ever listened. He only
claimed fcT the negrc those sigfts with
whitk che law vested him-abfsstsest in
the strongest terms that the negro should
have fair and impartial trial. according
to the laws of the Land, and deprecated,
with great severity, the outrage. upon
justice manifested at noon.
He said that it was well known that he
did not claim to be the special friend of
the negro-that as race, he considered
them unit to be veters, or to take part in
the government" of the country; but he
elairneea now, and always had claimed,
that they had the same right to the pro-
lection of the law that we have. That
the negro, when accused of crime, has
the same right as any other man to the
presumption of innocence until legally
convicted, That the Constitution provi
ded that every mtn when accused of
crime, should h. allowed 10 defend in
person and with counsel; to meet the
witnesses face to face, and have speedy
public trial by IN impartial jury. Ii
guilty of the crime charged against him,
he had no concern for him whatever; but
that was the very question the jury were
about to determine.
He had been appointed by the Court
to defend the negro, and he intended to
perform his duty to the best Of his abil-
ity at all hazards.
He felt ashamed and humifiated at the
spectacle exhibited here to-day. 1t had
been said that the negro could not be
protected, and have fair trial when ac-
cused of crime in the South, and the mil
itary and the freedmen's bureau were
kept there at the cost of millions of our
treasure, for the professed object of Civ
ing them that protection-and this, too,
at the instance Of those who sanctioned
this attempted murder here to-day, upon
an unarmed, defenseless negro, while in
the custody of the law, and in the face of
the very jury to whom they had appealed
for the vindication of the law.
His client had right, under the law,
to 90 upon the stand and testify in his
own behalf What fair play was there
in requiring him to do so, surrounded
by armed desperadoes, s,and under the fear
Of instant death. How could he, under
such clrcumstances,w with a confused mind,
be enabled to size clear and connected
statement of the facts? A trial under
such circumstances would be miserable
sham-a mockery and an outrage upon
the first principles of natural justice. lie
was ready to proceed with the trial, if
his client could be protected under the
law and have i fair trial unawcd and un-
intimidated.
He would ask the Court, in the viuai-
cation Of the Constitution and the law,
of its own dignity, and the principles OF
liberty and natural justice, to make such
order in the premises As would insure
protection to his clients rights in the
further prosecution of the trial.
If tho negro could not with safety
confront the accusing witness, he would
ask that he he remanded to prison until
the time would come, when justice could
be administered unawed by mob vio-
lencc.
The Judge ordered the Sheriff to sum
mon posse without regard to numbers
or expense and preserve the peace at all
hazards; and the evidence for the defense
was then introduced.
The case was ably argued for the State
by Col. Cunningham and Gen. Pearce,
and the defense made by Mr.. Estep.
The Judge delivered an able charge
to the Jury, who retired to their room
about o'clock, and before 6 returned q
verdict of 'Not guilty"
The case excited a powerful interest in
this county. The feelings of the people
were outraged at the enormity of the
crime, and disposition was manifested to
take the life of the negro. The criminal
intimacy of the parties was well estah-
lished, but the jury could not find that
the seduction was accomplished under
the promise of marriage. The establish
ment of this fact was necessary to con
viction under the indictment, but the fail
ure to establish it, did not cover mp any
of the ugly features of the case. The
deep Indignation felt by all toward the
negro, was because of the fact that he
,ras a negro-an instructive feeling whicl
God has implanted in us, by induction
that the negro belongs to an inferior race
This is the only case of this kind tha
we have ever heard of. We pity the be
,reaved family-no matter how mucl
they may be to blame for bringing The
negro into the family. We feel humilia
ted that the affair happened in our coun
ty. We have no desire to make politica
capital of 1.-THE plain facts speak witt
a thousand tongues, and from the mos
honest impulses of the heart against :
false philanthropy which seeks to disre
gard and overturn the designs Of til,
Almighty.
Many exaggerated stories have been
and no doubt will be circulated abou
this affair. That plain and true state
ment may be had, is our object in givine
so much of our space to its history Th'
unexaggerated story is horrid enough
without any additions.
At the time the negro, Dowdcn, wa
arrested, he had with him trunk, cou
tanning his own wearing apparel, and ;
considerable amount OF the wearing ap
parel of Miss Amos. For having thi.
in his possession, he was indicted 70
grand larceny, on which charge he wa
tried on Friday, the same attorneys OF
both sides.
The question appears to have been on,