Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-02-19

"other side" remarkable for its ~pungeney
and power. As it Is necessary 10 con
dense this speech, 1t Is deemed better to
leave that part out,
There was 4 short recess taken for din
ner at this point. When the Court sat
again, General Wright continued: Gem
tlemen Of the jury, / was endeavOriRg to
show you that this oircumstantiaI evil
dence, when taken rs q whole, was sufi-
Client to convict these prisoners. That
evidence, in addition to its own intrinsic
value, ~c0rrobrates Hines in every partie-
ular. The counsel went on 70 say that it
would be impossible for Hines to make
up such a story. Substantially the same
tale came from q dozen other witnesses,
between whom and Hines there could be
no collision.
THE EVIDENCE Is TRUTH.
II is shown to be truth, just az the Holy
Bible is shown to be true, because it
would be utterly impossible for any man
70 mskeit up-utterly impossible for any
human being 60 unite it, sven to conceive
it. So far I'M it being divisible into sep
arate parts, it stands together one solid
mass Of evidence-One solid mass of truth.
The real motive was their own safety. It
is seen in the recruiting operations Of
Geary. he tells Hines, there we're
threats made. But when he comes to
Carr, keen man of the world, anxious
about his w interests, he knew that
this was too vague and would not concern
him. he tries other means with him, but
he tells him hat he made threats TO burn
every house around Cuba. This would
be bringing the case home to Carr. These
gentlemen tell US that there should be
shown a motive. I deny that We are
bound to shOw q motive. What
NOTICE had McCaddin? and yet
they acknowledge that he was guilty.
I WThnk ~a#H-. LnA nan~-o I'D ~ H.
acknowledged that he was n Of the
guilty parties. Take the evidence Of
Geary against Graves; that alone is sufh-
| Client to convict. What motive had Gsary
to implicate an innocent man? IL was
not to shield himself. 1 feel that this is 3
test case, whether the law can be
enforced. I feel that If men cannot be
convicted under such testimony, that the
laws ars a dead letter. The alioi was a
total failure. The witnesses cut each
others thrOsts. There is not enough in it
for the most squirming Imagination to
hang a reasonable doubt upon.
STILL YOU MUST CONVICT.
Even if you discredit Hines, you must
convict. Even il you discredlt Sat
tsrwhite, you must convict; even
If you discredit every individual witness
introduced Oy the State. still you must
convict, because they collectively have
given you such a body of s~sif-evident,
selt-sustainhlg truth that you cannot
close your eyes to il. You cannot discred-
it it. The opposite side say that The guilty
men ought 10 hang high. These are the
guilty men. know that the arguments
which they advance here-a wife and little
Childreu-tOgCh6s every one. No one
feels iE more b myself, but we are here
to perform Our duty. Il is not a question
with you who should suffer, but to deter
nina WhA Iva 1HrnNH- NANuF.L ~~uHga.
that I believe that Graves wife played
on the piano for the purpose Of
drowning the cries Of the diving
boy, I do not blame her for doing
IL. IL Is an attribute of woman to cling
to her husband long after he has lost all
self-respect--af5sr he has gone down to
the very abyss of he'll. 1 believe it is 2
good thing; it is good, in order that the
contrast between ths splsndOr of virtue
and the blackness of guilt may be seen Of
all men. 1 have marked her conduct
during the progress Of this trial; she has
appealed to your most earnest sympa-
thies; she has silently asked you, from
day TO day, if you. will seud these little
children cut on the world branded as the
offspring of a convicted fslOn. Re VEN
Jsr, in spite OF all this, that their father
has been the offender. Suppose that little
child, now sleeping sweetly on its mothers
bosom, in the days of the future, should
be taken Out and hung like a dog, his
appeals for mercy G-isrsgarded, a deaf ear
turned to his last expiring cry, "Ist me
Ouce mOre sea my mOther;'' she, that de-
voted wife and mother, whose conduct
eEcibes "A sympaLhiss. would appeal for
justice, and II would feel that 4 gigantic
wrong had 5aau done, that a sin crying to
Heaven for vengeance, had been COM
miJted, If she murdsrers of her boy got
away npOu an alibl. Suppose that the
perpetrators Of that crime, d~isregarding
alike the yOI5e Of their own cousciencBs
and the appeals for mercy, should hang
their victim with every circumstance Of
barbarity; suppose they should hang him
again and sgaiu, and suppose this woman,
the boys mother, came before you saying:
81 La your hands l place The fate Of the
murdsrers of my cBild," would it not be
the first Impulse of your heart that the
guilty one should die? The voice of the
widow, from across the mountains, comes
to you, saying: "TO you 1 leave the fate
Of the murGerers OF my son. In
your hands 1 place them, but 1 demand
Justice" Give heed to her accents. She is
this moment asking that the criminals
shall be punished. VIII o say to her,
" These men have done no wrOng?" Will
you say 20 her, in the language Of nj of
ths criminals, 4" H5 was q horse thief and
a murderer Of negroes" or will YOU have
aaD AaaAAa14 W HaAAALAE1 aA1 law
so say that the dignity Of the
Sts5e and the safety Of her citizens have
been outraged, and you viii rise as faith
ers and brothers to punish the perpetra-
tors Of this uumanly crim5. Let Us hope
that you wiil-ths5 you may st least es-
tablish this claim togo 10 that place with
or the spirit of SchUfeld went. for it must
be that the Savior, who was himself
bruised and beaten, took to his bosom the
maUviai how Lat ia hrua that vou too
having done your duty, may come to rest
in the smiles Of a bsuihCient God.
JUDGE FLIPPIN'S CHARGE.
Gentlemen Of The Jury: This is an in
diC5menJ sgaiu5t the defendants, Graves
and PosJOn, for murder in the first degree.
The solemn responsibility now devOlves
you Of determining their guilt or
innocence. The Indictment charges that
these defendants in confederation with
other parties, did, on the morning Of the
l4bh Of July, 1870, within the Jurisdiction
Of this court, murder, by hanging, one I
John W. SchOhsld. That the deceased
to his death in the time, manner and
place SET forth in the Indictment, is adj
by counsel for the defendants. It
IS also admitted by them that the parties
who hung John W, SchO6el1 are guilty
Of murder in the first degree; that every
necessary to constitute that de-
gree of murder was clearly exhibited in
the set Of U~nlaWfully hanging the do
ceased; that 10 was Wilfully, deliberately, |
maliciOusly, sud premeditstedly done in
he "A Of the law. But it is denied that
.he defendants on trial were the perpetra-
lors of or participants 10 the act. The
IDENTITY OF the defendants as the guilty
IS now the question submitted for
your decision, You must look to the