Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-09-29

aHE oHA1.aE OF JUDGE FOND.
Conviction Of Eight OF shr Accused.

1
parties named ia the indictment and the
aequittal of three. The Sentinel thus al
ludes to it editotially:
! On Wednesday night, at 10 O'Clock, the
jury rendered their verdict convicting the
following defendants. to-wit: r. A. Shot.
| well, Adolphus Depriest. Amos Ovens.
tyre. David Holland, Spencer X. Moore,
ID. B. Fortune and Wn,. Scruggs, and ac-
quitting T. A. Shctwell. Calvin Teal and
| VIM. Ianrcc. Jndee Bond ordered the
defendants acquitted to be discharged,
when the Aisklte Phillips said: '.No, we
have other charges against them; and the
order was revoked and the acquitted men
ordered to jail with the convicted.
| The liberty of the citizen is well-Eigh,
! If not altogether gone, when he is arrest
ed. ironed, imprisoned, and transported
800 miles for trial, especially if be be @
poor mau, not able to pay his witnesses to
| follow him to his uncertain place Of trial
Three OF these defendants stand acquitted
Of any violation OF the law, yet they have
been purishe d as felons. What saya the
country? What says Justice to this re
currence to the practice Of monarchy and
old George the Third?
In the proceedings of the trial published
in the same paper, we find the following
extraordinary charge, given to the Jury by
Judge Bond in submitting the case:
Gentlemen of the Jury,-Now that the
evidence on the part of the United States
is closed. and the defendants have deciin
ed TO offer any testimony, and ef:er The
patient attention which you have given
both to the witnesses and the counsel, it
is our dnty TO give you some directions 10
guide yon 10 making up your verdict.
And fest, gentlemen, you are free from
difficulty respecting the construction Of
the act of Congress under which this in
dictment has been drawn and which has
been SO FIRE qnently read or quoted to you
during tho trial. for the court charges you
that 30 far As the act Of Congress, approx
ed April 20th, 1871, i, concerned, it is ia
accordance with the Constitution Of the
| United States and you, rs sell as we, are
bound to respect and enforce it.
I These parties are charged in three courts
with a conspiracy, which is an agreement
on the part Of two or mora persons 70 do
! al unlawful thing Or to do lawful thing
! in an unlawful way.
| They are charged. dlst with conspiring to
deprive James III. Justice Of his right to
| vote for a member OF Congt IS, and Sec
ondly with Couspiring to beat him for hav-
| lug advocated and supported the election
OF = Ger ain p7reoo Gs member Of the
HOUSE Of Representatives, aud thirdly with
conspiring to hinder the execution of Il
! law OF the =. :. Which is specified 10 be
the sc5 approved May 81, 1870, and the
Ii 5st section thereof.
Ia tile priaion Of tao court, and il so
Charges you, lhere las been no time since
the adoption Of the Constitution Of tie u.
S. that CoDsres5 Las not had the power to
punish ali who Oosttucta3, either by in
;lmi1atiou OF fosce, voters ut the eIec ion
j is OHy3i members or Of the officers of the
E<itiDUat CO9errlu 3nf.
Any aTT1DCAt TO the contrary VII i3h the
defence haze 10 INA Ae, In addition to Ill ii
offered already, the curt will hear upon a
rs motion 10 arrest Judgment, should that be-
nects sar!. Ii is not Ior you to consider.
The offence charged is a conspiracy. II
is not tbs assault or actual beating aud in
jury thai constitute t1e crime. These are
the mere result # coIspiracy-:bese are
tbe con@p!r1cE IN uOtiJu. Tha Cffence is
complete when taO OF more peIoone con
federate ana agree nltn the intent set GU:
ia the indictment. and all who consent
aud agree arc guilty OF the cons i,acy.
Those Who actually engage III carrying
ont what he's been agreed upon, those who
effect the Intimidation or beating or &C u
I'll use the force TO hinder The execution
of the Jaw, are not moro guilty Of the con
spiracy than :nosa who, though not actu
ally present, agreed, confederated, and
ooase1tod together, to have tAe unlawful
rosnlt accomplished.
Tie witnesses on the part OF the Gov
eminent who took part in this crime,
allege it 10 have been committed to pun
ish James NJ. Justice for his political
course, and Mr.. Justice states to you that
those who committed the assault upon
him told him that they beat him and were
about to hang him for the SINE oause -
He states TO Won what that political course
hA.l been, anal prominent part Of it was
his support and advocacy, both by his
voice and vote, Of a certain person for re
preventative in Congress.
If you believe, gentlemen, this was the
fact, aud thai for this ~ we'll as other po-
litical acts he was beaten, then the crime
charged in the first two counts Of tho ia
document is complete; and if you believe
from the evidences what is stated, in addi-
ton, by Mr.. Justice, that he was only re-
leased upon promise to abandon that po-
E:lcal COURSE, and for voting as he pleas
ed for Fedora! officers thereafter, then the
parties who entered into this conspiracy
are guilty Of all the counts in the iDdict-
menr. It is necessary, however, after you
have found the crime charged was CON-
mitted, that you find from the evidence
whether or not the parties at the bar are
the parties, not who ACTUALLY committed
the assault, but who entered into the con-
spiracy to have it committed.
The Witnesses are mostly acoomplices,
but jury, though it ought to be careful
alb Dut it, may and sometimes ought to con-
Wet upon the testimony of one accomplish.
Ii you believe these accomp!ices, aud fnd
chem in addition corroborated by other
witnesses or circumstances, you may as
readily convict upon their testimony as
upon any other. Who the guilty parties
are is mere question of fact, which it is
no part of the province of the court to de.
termine. That mains your duty to dis
cover from the evidence.
In conclusion, gentlemen, the court can.
not refrain from commencing this case tc
your most serious attention. In lone
experience upon the bench we have never
seen case which presented, if the wit
nesses speak truly, facts of such unpro-
voked wickedness and brutality. In most
cases heretofore tried before the courts
attempts at murder had either i'll will O,
plumber for motive. But this case is
singular in its enmity in this, that some
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