The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-20

SATURDAY MORNING.,
They were confined to neither party. Among
the Republicans was the powerful Union
League, with Its widespread influences. AT
this time another organization was formed,
and became popular among the people Of the
! up-country. 1t was not universal, but It
was widespread, aud there was some
pallistion and excuse for ignorant men being
drawn into it. He called attention to the fact
that all of the witnesses had said they were
duped into joining the organization. They were
humble men who had been in The habit of
receiving their opinions at secondhand. The
history of the people In that county shows
that they have long been Influenced By the
leading men of the community, and they were
told by such men that this movement was
right and proper and necessary. The defend
ant did not deny that he belonged to the order,
but he denied the great mass Of charges that
had been drawn up in the Indictment. If ne
erred In following the advice and influence of
leading minds in the community, they must
admit that he erred naturally. Referring to
the first count OF the Indictment, he asked If
1t could be believed that the defendant, In
Joining the organization, did so with an inten-
ton of going into such a fearful conspiracy as
was described. In another count 1t was
! charged that the prisoner combined, or
| certain date, with the avowed purpose
of preventing Thomas Roundtree from vot-
ing on q certain day IN October, 1872, a
day which hos not yet dawned and which the
prisoner nor tile long list of persons Jointly
| charged with him might never see. Next, 1t
Is charged that this poor man. Roundtree,
was punished because he had voted months
before, but no connection hadl been shown
between that outrage and that act Of suffrage.
Another charge was of conspiracy to prevent
Tom Roundtree from exercising the right to
bear arms, but no particle of evidence had
been brought to show that the defendant en-
tered into any such conspiracy. By the law
of conspiracy the defendant would be clearly
guilty Of any crime that might be involved In
what was agreed upon at the time of his join.
Ing the body. The basis Of that organization
had been shown In Its constitution, which had
been put in evidence, and the limits OF the
conspiracy into which the defendant entered
| were found In the objects stated In the constl-
tuition. The prisoner had undoubtedly be-
longed to the organization, but he had aban.
doned 1t as soon as he could, and had volun-
| tarily surrendered himself to the authorities
of the government as soon as they
made their appearance. AS to the
more serious charge of murder, n of
the witnesses had testified that going to the
house of the poor man, who was killed, he had
| thrown down the rails to warn the victim and
allow him to escape. The prisoner, perhaps,
had done the same, although by the law of the
United States he could not go upon the stand
and say 80. The two counts charged the de.
PENDANT, frat, with the shooting of Thomas
Roundtree with shotIguns, and, second, the
| cutting of his throat; but all the evidence that
had been brought showed only that the de-
PENDANT was In or near the party by which
these acts were done. Mr.. Ficken carefully
reviewed the testimony, pointing out the dis.
| crepancies and the character OF the witnesses,
ali of whom were, by their own statements,
| guilty of the same crime that Is charged
| against the prisoner, and one of whom had
been paid two hundred dollars by the attor'
| ney-general of the United States without any
apparent reason. In regard to the abuse OF a
woman that had been charged, that surely
was not a conspiracy against q voter, and was
not an offence of which the court could take
any cognlzance. 1t was o Hendish outrage,
however bad the character Of the woman
| might have been, and 1t should be punished;
but 1t was q crime. with which that court had
nothing to do, and which was not for the Jury
to consider. AS to the charge OF muir
der, how did it come that the verdict
| of the jury upon the Inquest had not been pro-
duced? That was an important document
| which should have been produced, and Its ab-
sence left them In the dark.
Mr.. Corbln replied on behalf of the govern
ment. he said 1t was not a case In which the
prosecuting officer could find any pleasure,
but 1t was q stern duty on tie part OF the
Judge, the jury and the officers of the gov
eminent. The law was necessary for the pres.
| e%rvation of society and civilization, and the
law said to every man who commits a murder
"you shall die" While they might have sym
pathy or pity for the man who can be led Into
the commission of murder, they should also
take into account the case of his victim, who
was cut off in q moment, and whose family
were left, unprovIded for and destitute, 10
mourn his tragic end. He then proceeded to
review the various counts of the Indictment,
and claimed that they were all clearly proved,
and spoke Of the horrible nature OF the crime,
and of the duty resting upon the jury to find a
verdict of guilty, however painful the duty
might be.
Judge Bond then briefly charged the Jury.
He said 1t was not necessary for him to speak
at great length upon the first count as he had
30 often charged In regard to 1t. The Jury was
to discover whether any such conspiracy had
been proved, and that they could discover
either by the testimony of the Witnesses who
said they were members Of 1t, the constitution
of the order, or by the conduct of its members
as given in evidence. The second count
nharoed tho samp conspiracy. and that In the