The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-20

the right to vote previously. IL Is TO these count
that you are to refer the evidence and app TIT
law, which the counts give you. lfyou 6nd from
| the evidence that there was no such conspiracy
as that described In the first count, or If ther'
was conspiracy the object OF 1t and its purpos
were different from that set forth lnthe count, ant
that the object and purpose set forth in the coun
was not one OF its purposes and OBJECTS then the
party charged is not guilty under the first count
though he may have been engaged IN the conSpl
racy. But 1t Is not necessary, II the jury fnt
ed In 1t, tfat they should ind It's purpose Il
have been single. II they find that one OF its pur
poses was set forth In the 1rst count, to prevent
citizens from the exercise OF the right to vote be
cause OF their color, 1t is sufficient. An associa
tion having such purpose Is an unlawful conspl
racy, and party engaged In 1t may be punished
under the frat count.
Each member Of such an association Is q conspl
rator, and Is responsible personally for every ac
Of the conspiracy, and for the acts OF each mem
Der thereof, done by common consent, In further
ance OF Its Illegal purposes aud also for such acts
done In furtherance OF the conspiracy not con
sented to before aad, II assented to subsequent.
ly to their perpelr ,tion, and that whether the
party charged was himself actually present or moi
when such act was cone. And II the jury believe
from the evidence that the various klans spoke o
Of by the witnesses were but parts OF one general
conspiracy, this rue applies not only to the mem.
bers OF Ithe same Klan, but TO the acts and con-
duct OF the members OF the different klans done
In furtherance OF the conspiracy. And It makes
no difference In guilt II you nnd from the eyl'
dence INT the motive OF a parti who joined the
conspiracy was not Illegal wEen he did Join 1t, II
you also dnd that after he beeafe4a member he
was aware OF the fact, or had reason to know
that the true object OF the conspiracy was 10 pre-
vent or hinder the free exercise OF the election
franchise by intimidation or violence as Aforesaid,
on ac. cunt OF color and that he still remained
that though you m y also find lie never himself
actually used The iorce intimidation or Violence
aud was not present when tt was used.
And now, II the jury find from the evidence,
that the party charged. did so consplre to pre-.
vent vent the citizens described from exercising their
right TO vote on acc unt OF their color OF future
election, specified to be the election to take place
en- the third Wedues lay Of october, 1872 then the
party charged is guilty under the first count or
the indictment.
And II the jury fud from the evidence that they
did 80 conspre and for the same II ason to lnjure
and opprssS on account OF his Color, one Jim
Rainey alias Jim Williams. because ne nad ante
cedentlg on the third wednesday OF October. 1870
exercised his right to vote, then ne is guilty On
the second count.
But If the jury ind from the evidence that no
such conspiracy existed. or that II 1t existed the
intimidation or injury OF voters because OF their
exercise OF the suffrage, or to prevent Its exer-
cse formed no part OF its purpose. or that II that
were its purpose. the defendant was not engaged
In r., then the defendant Is not guilty.
But the Jury Is no: bound to believe the sole pur.
pose OF the conspiracy To be that set out In the
first count; II they ind 1t to be one OF the pur-
poses it Is sufficient. Nor, II they find that the
b atings and intimidation spoken OF by the wit.
nesses took place or existed, are the jury bound
TO believe that the reasons given at tn time by
the consplrators, II they find reasons were given,
were the true reasons Tor such conduct; but the
jury may determine, from all the evidence In the
cause, what the true reasons were for such vio.
lence.
II the Jury find from the evidence, as we said
before, that the conspiracy set forth In the first
and second counts In the lndlctme.t existed. and
the defendant engaged in It there, he is guilty on
both counts. II there existed no such conspiracy
al the time set out In the Indictment or II exist.
ing, /; hal an ther obi CT which did not include
that Set out In the indictment; Or u existlrg, and
having he illegal purpose, the defendant took no
part In 1t, then he is not guilty.
The Jury are at liberty to hnd one OF three yer.
dlc,s. Tney may find the party gui ty generally,
or not guilty generally, or they may find him
guilty on one count, anu not guilty on the other.
Take the case.