The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-20


preceded ths burning. and that The
threats Of James WILLIAMS, If threats he
made, were wrunE from him by the per.
secutionS OF the Ku Klux.
At the conclusion Of tho argument
Judge Bond charged tho jury as follows:
:, 9EHThEMGN OF THE jury: You have
listened with patience to the recital of
the evidence in this cause. and without
upon that. the court pro-
poses 70 state to you the law applicable
20 the evidence, which must guide you
ID MAKING up your verdict. The iudict.
mens, gentlemen. is for . conspirauy.
wn1ch II an agreement by two or more
persons to do an unlawful thing. or TO
90 q lawful thing by unlawful means.
The thing to be punished is the unIaw.
ful conspiracy, aud not the particular
acts done In pursuance OF 1t. The con-
spiraoy is oriule il nothing be done in
pursuance Of 1t. The indictment. oen.
t!emen, contains two counts. The 4 rat
charges that the defendant. and Others
jointly indicted with him, with having
oonspired to violate the. fret section OF
the Act OF May 81, 1870, by unlswlully
hindering, preventing aud restraining o
certain class Of persona therein uamed
from the future exercise OF the right to
vote at on election to take place in o.
tober. 1872, on account OF their race.
color, or previous condition of servitude.
And the second count charges that he.
with Others, did oonspire to injure, be-
cauSe OF his color. James Williams, be-
cause he had exercised the right to vote
previously. It is to these counts that
you are to refer the evidence, and to
appiy the law which the court gives you.
Ii you find from the evidence that there
was no such conspiracy as that described
In the hrst count, or IL there was q con-
spiraoy. the object of it and its purpose
we're different from that set forth in the
count, and that the object and purpose
SCI forth IN the count wes not one OF it's
purposes and objects. then the party
charged is not guilty under the first
count, though he may have been en-
necessary, If the jury ind there was q
conspiracy and that the party was en-
gagged IN 1t. that they should find it's
purpose to have been single. II thew
ind that one OF it's purposes was that
set forth in the first count, to prevent
citizens from the exercise OF the right to
vote bscause OF their color. it is sniff
cient. An association having such a
purpose is an unlawful conspiracy. and
party engaged in it may be punished
under the first count
Each member OF such an association is
oonspirator, and is responsible personally
for every act OF the conspiracy and Tor
the iicts OF each member thereof, done by
common consent, in furtherance of it's
illegal purposes, and also for such acts
done in furtheranoe Of the conspiracy
not consented to beforehand, if assent
eli to subsequently to their perpetration;
and that whether tho party charged was
himself actnally present or not, when
such aot was done. And II the Jury be.
lieve from the evidence that the various
klans spoken OF by the Witnesses we're
but parts OF one general conspiracy, this
rule applies not only to the members OF
tue same khan, but to the acts and oou-
duct OF the members of the different
klans done in furtherance of the conspi-
racy. And it makes no difference in
guilt, II you find from the evidence that
the motive OF q party who Joined the
conspiracy was not illegal when he did
join it, If You also flnd that after he be-
came member, he was aware Of the fact,
or had reason to know that the true
object OF the conspiracy was TO prevent
or hinder the free exercise of the
elective franchise by intimidation or vio.
lence as aforesaid, on account of color.
anG that he still remained member and
participated in its meetings, and that
though You may also find he never him
self actually used the force, intimidation
or violence, and was not present when it
was used. And now, If the jury find
from the evidence, that the party
charged did 30 conspire to prevent the
oitizens described from exercising their
right to vote, on account of their color,
at future election, specified to be the
election to take place on the third
Wednesday of October, 1872, then the
party charged is guilty under the fret
count of the indictments. And il the
jury find from the evidence that they did
so conspire, and for the same reason, to
tnlure and oppress, on account OF his
color. one Jim Rainey. alias Jim Will
liams. because he had antecedently, on
the third Wednesday of October, 1870.
exercised his right to vote, then he is
guilty on the second count. But il the
jury find from the evidence that no such
conspiracy existel, or that il it existed,
the intimidation or injury Of voters be-
canse OF their exercise OF suffrage, 9. to
prevent its exercise. formed no part Of
its purpose. or that il that were its pur-
pose, the defendant was not eRgaged in
IL, then the defendant is not guilty.
But the jury is not bound to believe the
sole purpose Of the conspiracy to be that
set out in the first count; il they find it
to be ono OF the purposes, it is sufficient.
Nor, If they find that the beatings and
intimidation spoken Of by the witnesses,
took place or existed, are the jury bound
to believe that the reasons given at the
time by the conspirators, If they find
reasons were given, were the true ren-
sous for suoh conduct; but the jury may
determine, from all the evidence in the
cause, what the true reasons were for
such violence. II the jury find from the
aYidanca oa xua naiI bafo.o II. =