The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-05-02
CHARLESTON, THURSDAY MORNING, MAY 2 1872

CHARLIE
contained in the Indictment, and spoke of the
government witnesses who were depended
upon to prove the general conspiracy. Gum,
(the 5000 Gum, as he was generally called,
since it was shown that the Encouragement
had given him that amount for his services,
Mullinax, Mosely and the rest, were, he
sald, of that class who are known
as "swift Witnesses and very swift
they were to testify In these cases, although
they acknowledged that they were themselves
guilty of the most heinous crimes. They had
their Lessons by heart. They were fully
primed and loaded, and they went right of.
He once knew a celebrated quarter-horse in
Florida. He was an Indian pony, and had one
eye. He could make the fastest time for three
hundred yards of any horse in the world, and
the reason was that at the first Jump he could
always get off at his full speed. His master
would always stand at his head to start him.
He would keep that one eye of his en- his mas
ter, and his master would start him By slapping
his hands and shouting '~'Injun." So with
these witnesses. The district attorney held them
exactly as the man In Florida held his pony
with q halter round their necks-and he slaps
bis hand and hollers "Ku-Klux," and off they
90, first jump, at full speed. He did
not believe one word Of their non
sense. He did not see how they dared
to com upon the stand and expect any sensl-
BILE, honest man 10 believe one word they said.
The testimony of q principal In a murder
could not be taken against his accessory, and
he believed with Greenleaf that these men
were not competent to be put upon the stand
anyway. He claimed that no conspiracy
against the right to bear arms had been shown,
because the guns were not kept by that MILL
tia company In consequence of their const!tu.
tional right to keep them, but by the act OF
he Legislature 1t was made a compulsory
duty with them to bear these weapons. AS to
the murder count he invoked another princi-
pie Of law, which was that where in the exc
cutlon of q conspiracy the overt act of killing
is committed, then the crime of conspiracy
merges in the capital felony of murder as the
| greater crime Includes the less, and he read
from Wharton, sec. 296, to show that the con-
spiracy merges In the overt act, when such
overt act has been committed. Col. Hamilton
proceeded, at some length, with a careful re-
view of the testimony, pointing out Its dis.
crepancles and points of weakness, and he
asked the court to charge upon the following
points:
First. That upon q trial for q capital felony
the Jury are the judges OF the law and fact.
/ CoonnA Tbof fhn av3ufanna If thu nnnonfrQ-
cy must be proved by the testimony Of wit
nesses other than co-consplrators before
such testimony can avail to convict the de-
PENDANT.
Third. The testimony Of an accomplIce un-
| corroborated is not sufficient to justify a con-
vlction for q felony.
Fourth. The principal felon can never be
used as a witness to convict his accessory,
and consequently the evidence Of Mullinax
! and Mosely shall not be considered by the
jury in this case.
Filth. Where upon an indictment for con.
| spiracy to hln6sff7Tahstruct and prevent cit!-
zens of African descent from exercising The
| right to vote, and to iutimldate and Cypress
| Jim Williams and deprive him of the right to
bear arms, coupled with the charge of murder
of Jim Williams, upon the proof that the MUIR
der was committed, the conspiracy merges In
the capital felony.
Sixth. That this court has no Jurisdiction
to try the crime of murder upon this indlct-
ment.
Seventh. That 1t Is no fright" upon the part
| of the militia of South CarolInat to bear arms,
that 1t is a compulsory duty imposed by the
laws OF the State, of which, by Law, they may
at any moment be deprived.
He concluded by saying that he supposed
1t was not the wish or policy OF a great and
powerful government to pursue relentlessly
| all the underlings who may have been guilty
of participation In these outrages. 1t was
rather the policy of the government to bring
terror to the many and punishment to the
few, and of the men guilty of these crimes
many had been punished and many more
were driven from their homes. The whole
| upper country of this State had been turned
into desolation and sadness. All that they
wanted now was peace; and In those nine
| counties that were now under martial law he
would guarantee that they would give q bond
In one million dollars 70 keep the peace.
They only wanted peace and freedom from
the grippe OF martial law. No one could know,
but those who suffered by 1t, what that iron
| hand of martial law meant. 1t was q black
| cloud hanging over the country; a night OF
| agony to men born to be freemen; and If that
| cloud could be lifted, and that night pass
away, they could be sure there would be a
! lasting and enduring peace, and this matter
| would be set at rest forever.
Assistant Dlstrict-Attorney Earle followed,
briefly summing up the testimony for the
| prosecution and claiming that the indictment
had been fully proven, and then Judge Bond
| delivered the charge to the jury. He said it
was their province to determine the facts.
The law they would get from the court. They
| were to weigh the facts and give whatever
credence in their opinion should be give. to
| the various witnesses. The first count CHARGED
a conspiracy to hinder citizens from vu.lng
because of their race and color. They must
find, in order to return a verdict of guilty,
that there was such a conspiracy, and that it
had that for one OF its objects. Next, they
| must determine whether the defendant was q
member of that consniracy. The second