The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-12-21
THE CoURTs.
Unitsd States Court-The Laurer1s Con-
spiraoy Case-Charge Of Judge Bond
9TH. .Turv ga III IN Agree,

john I. Craig ct, al, was renewed mr. sseBot'
tina counsel for the defendants, presented mis- at
pument in q thorough, searching and close review
Of the evidence. urging upon the attention OF Tue
,usy all the weak and dlsconnecting points. Dis
trict Attorney Corbln replied in the closing ar
oument. In his usual forcible manner. Judge
Bond, In giving the case to the jury, delivered the
following charge:
Gentlemen OF the Jury-It Is not my province
| to comment on the facts offered IN eylaence III
| this case, but to give you tne law WHICH ~ I m
guide you in your considera,lon VI 'ne e'"'n'
IN reference to this Indictment. -.
| Under the nrSG count you are 20 lnu iIom u
| evidence whether or not there exlsted q consplla,
| cy in the County Of Laurens nelole tne InuLns y,
/ the ind,ctment, and II you fnd there eAlsteo q
| consniracy. YOU are then to ind whether 1ts op!ecG
or one of It's objects was that Set l0rtn N tals
COMMIT. TO wit 10 hinder, prevent or RESTRAIN q
class OF persons ftpm voting, oy ~ Ies aspV,s NJ sa'N
The frst count does not embrace q conspiIacy
formed to punish that class OF voters DeSause
thew had voted, but you must nnu,, u .oi.otoro
| convict under that count thas u 90 rom vot.
looked to prevent tnat cass VI pe'oo.
ins h has Seen noted to you, gentlemen, by coun,
sel. a conspiracy Is an agreement iolMeI "
or more persons TO do an uniaW lui acI; ~ - no'
necessary that the act should actually De oone.
| the crime is complete when two or more persons
| nave consented together or agreed Win one anu
/ thor t0 hrtnR THE uuld Hlul 1Coulu
| Absolutely necessary, II you find the conspiracy
was formed, that you find It's object was to 40 the
| thing which is charged to have been It's OBJECT In
the nrst count In the Indictment
And, while 1t Is true that this agreement musS
have existed before the acts mentioned IN tne evil
dence, which are ofered to prove It, nevertne,
| less It Is not necessary that the conspiracy sneulo
The only duration required Is that which is neces.
sary to enable the minds OF the consplfstoFs W
form and agree upon the common purpose.
If the Jury nnd from the evidence the e1ls.
tence Of The conspiracy charged IN the lnaict.
ment, having the purpose charged. then IL ID
necessary thIt the Jury should fnd that the par
tie. OF that were members OF IL, ana nao eecn
| agreed and consented to the common unlawful
Bat II the Jury believe from the evidence that
what Is charged as q conspiracy was q rlot OK
mob or sudden outbreak, which mad no common
purpose It did not have the purpose charged IN
the Indictment, then the parties are not guilty
under the DIST count. even thougn tne jury may
and they participated in the riotoun proceedings.
Two OF the remaining counts OF the inoictment,
gentlemen, charges that q conspiracy was form.
ed TO prevent Wade Perrin and Samuel DELAY,
the persons whose names are sci forth 10 the re.
specuve counts. because they nad previously Vo-
what l have said about conspiracy applies TO
these counts. They only differ from the first
| count In that they charge q dinerentpurpose lot
the conspiracy, and that purpose you muHt Ind
| Was one or the purposes Of the conspiracy, before
Won md the prisoners guilty, II you md they
were members OF Il.
To determine the purpose OF the conspiracy,
gentlemen, u you na No. .a ere was TaT,, one s you are 81 a.
it said, and the acts they did In concert or Dy
agreement, In furtherance FIT. There can be no
better way to determine what 9 company or per.
sons agreed or ~consplred to do than to find out
whast6ey did in furtherance Of their agrt ement,
| acting together or in concert. 1t is seldom posi-.
Bile 70 prove BY the words, either written or oral,
| OF the consplrators what their purpose was.
| You sometimes may ind that conspiracies are
| not GENERALLY formed In public, and you are LEFT
IN the conduos Of those who belong to them to de-
termlne the intention OF the combination.
i feel it my duty. gentlemen, tosay 70 You that,
1 since this case has been 80 long on trial, and the
/ mass Of testimony, relevant and irrelevant, ia 80
great. that you will be required, In obedience to
| Your oath, TO giveit long and patient inyestlgs.
zion.
OF the liberty OF the citizens, and wishes none but
the guilty punished, and you likewise " 1t to
| those prisoners who ore Jointly Indicted, TO give
| each or their cases that. patient, careful and
| deliberate investigation that you would give II
| were he alone on trial before you.
Tho government is bound to make but It's
theor1es Of the guilt or these parties OF the crime
charged to the s1 scoaEaa OF W,s every eSs i ioesa s1 q . SnslT
| reasonable doubt, and by that l mean 9 doubt
I which ia founded on a good reason-and q doubt
for wh &c ~, you 10 G sSe p sixs . e sG ss the isa SSr. you are
Il UOuEu w 6kFO saS
| You may, gentlemen, md each party guilty or
not guilty Of one or more OF the counts In the In
| dictment, or you may find some guilty aad others
| not guilty, or You may ind verdict OF guilty or
not guilty generally.
The jury then retired. All Tie jurors except
those on the panel were discharged from attend.
ance on This term.
GBy reference to our Columbia kilograms 1t will
be seen TINT the Jury failed to agree, ten being
for scquittal, and that q mIstrial was ordered.l
United States vs. Elijah Ross Sepsugh-con-
Circuit court of the United States, held In Charles.
ton, the defendant was tried and found guilty,
and recommended 10 the clemency OF the court
and the Executive. A motion was made 10 arrest
OF Judgment Upon q hearing OF the case. and q
due consideration, the. court announce that they
are opposed in opinion to the questions submitted
by counsel, to-wps whether The court has juris.
dlction to inquire and ana whether inc crime Of
charged In the latter portions OF the Indictment,
in order 70 ascertain the measure OF punishment
TO be afixed to The offence against the United
States, charged In the former portions o. sald IN
Der, at Columbia, on motion OF John F. Ftcken,
defendaupg attorney, it Ii ordered that the point
on which said disagreement has happened, and
rscted BY law, shall be certified during this term
ef the court, under its seal TO the Supreme Court
Of the United States, TO be finally decided:
Ex parte John L. Black. OF Ridgeway. Petition
for voluntary bankruptcy, was read and referred
to W. J. Clawson, registrar, for adjudication.
Elk parte D. W. Brown, In re B. K. Clyburn. Ap.
plicsIlon for rule on assignee. ordered that as.
signee do show cause at Charleston, before this
court, on The 10th day OF January next, why he
should not be attached for contempt, for not com.
plying with the order made Oh the 18th OF April.
and assignee ordered. at the same time, to make
q full report Of his actlngs and doing as ASST nee.
Elk parte Jeremiah 7. Walker. In bankruptcy.
Petition for anal discharge. The report Of WI.
ClaHson. registrar, In favor OF the discharge, was
read and confirmed. Judge Bond signed the
order and certificate Of discharge, as prescribed
Enhu O. Baker, Of Darlington, and william A.
Bayne, Of Marion, were duly qualified as United
States commissioners, and Lewis Merrill was ad.
mitted TO practice a. an attorney OF the court
Supreme Court.
The State Supreme Court. on Thursday, Justices
Wright and Willard on the bench, disposed OF the
following business:
The State OF South Carolina ex rel. R. @. SILVER
ct al, W. s. L. Hoge, comptroller general, petition
for mandamus. Rule made returnable January
I'd. 1873, at 10 A. n.
The second circuit was called Charles r. Niles
ct al, trustees, appellants, va. Samuel ]. King, ct
al, respondents Mr.. Tracy for appellants; Mr..
Y0umans for respondents. The Court then ad-
journed till Thursday, January I'd, 1878, when the
nth olrcutG will be called.
Common Pleas.
The case Of D. 8. Price vs.. Stephen Thomas was
referred to q. W. Diagle, Esq, as special referee.
In the case OF william n. Bird s 90. Va. Vim.
q. Walker, suit for The collection OF money, q