The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-02-22

ImM From them MM W#MFH NM#N expression
f. 1'lann nearest hIm had their guns opckel
and lereled. He sdse that tMfir guns wer
cooked correcting himaelD leastwlse,
heard them cooking their guns.
saw two or three colOred men come on
from the church with guns. There wer
. some two or three hundred persons III th
Went down to the court house Monday
morning. Went 90 make IRE ~ Jh'
sherifr's Office for the guard. Mr.. Wessen
berg and another man drew, one gun. ans
the other a pistol. on him. One OF then
cursed him aud asked him for his pistol
Said-~God d-n you. give it up.
Witness said he was In the habit OF car
rying a pistol when he went out. He gave
up his pistol after threat TO blow hole
through him. Can't say that Wessenberp
Is a citizen of Meridian. Knows the other
man i. Had previously said be did not
know the other man. "Did you have any
conversation with Mr.. Belk about your
/ pistol - Objected To. and objection over
ruled. Said-had a conversation with him
about the pistol being taken away. Wit
ness said TO Mr.. Belk-"What do you think
of that - Belk answered. that "witness
had no business with It." lt was his pistol
lie had bought IL.
Granville Henderson was one Of the
guard (Over ClOpton), and said 10 witness
I at one time sIIush, kizer. or they VIII
/ Kill YOU Objected 10 as evidence. by Mr..
! Coleman. Counsel said, Mr.. Granville
] l1tHNGI~NAt - iHt RAAAg ." NV
/ Indictment as a G0-conspirator that has
I transpired. The inquiry Is too wild and
\ loose. This view of the question was elab-
GRATED by Mr. Wharton. who insisted that
/ that the facts To be elected must have some
bearing. some consanguinity, however re-
mote. To throw into the jury box hete-
7 rogeneous mass OF evidence 20 do the mis-
chef, which il yet Irrelevant aud inadmis-
sible. as discovered after the mischief has
been done, is not allowable by the law OF
the case.
Mir. jacobson insisted upon Il, and quoted
/ the ruling of Judge Woods lately, In Mo-
bile, ia a similar case.
Mr.. Coleman rc-stated his point: Before
the declaration of party not indicted can
be given. the conspiracy must be shown.
Mr.. jacobson, replying, said: THAT h,
before you can prove "a conspiracy. BOu
must J,rOue q conspiracy" and proceeded 70
argue the point at length. He aVatled him
self of the present occasion To unfold fully
his view OF the law under which the in-
dictment l. found.
Pending discussion, upon suggestion of
Mr. Coleman, the witness was ordered TO
retire out of hearing OF counsel.
Upon the subject of the allegation of
'Others unknown" Mr.. Coleman gave no.
tice that, il IL appear that persons charged
n ''uHka0,ci," 'oere kHO,cn TO the grand jury,
the defense would move 10 exclude all the
evidence relating 10 parties 50 described
rs unknown. He said that the legal
effect would be that the prosecution
must necessarily fail. Judge Ilill came
down from his seat and got the books from
which MIR. Coleman had read.
The jury was allowed TO disperse by con
sent, under charge OF the court, aud at |
o'clock, court took recess till3.
Court re-convened at 3 pm.
Court proceeded TO decide the point con-
troverted before recess. Reviewing the law /
and the authorities, the conclusion reached /
was. that the declaration of persons. ~ Ia 4
the case disputed. might be given. The eff /
feet OF the decision l.. To let IN the declara- |
ton of any person the District Attorney /
may choose 10 bring out. 'ds STEP In /
proving "A conspiracy but. rs the reporter /
understood the opinion, the defendant must /
Doe connected with IT,
Witness kizer recalled District Attor- /
uey required 70 the examination. Witness /
WAS asked II Granville Henderson said any 4
thing 10 him "lle did. He told me To hush /
talking about my pistol, or these men would 1
Kill me. Told me that he had my pistol.
Dtdn.t have any more words ofany Import
nee"
e At another time, on Monday, saw Mr..
Belk.
saw him in the court house after the
shooting had ceased. Was standing near
Warren Tyler when the shooting com
inenced Saw Bclk come out of the sherin's
Office in the court house, after the shoot
ing had ceased, with pistol In his hand.
saw Jim Bell Ia Sherin's Office on Sunday
ia courthouse. lie was not armed. There
were some ten or twelve there Ia the court
housC, most all armed. Don't know how
the conversation came up, but he, Bell,
asked witness If he ever heard OF the New
Orleans RiotY Or how many cOlored peO-
pie got killed in it? said the negroes didn't
kaOw what riot was.
Dir. Potter moved TO exclude declaration
Of Mr.. Bell for purpose Of taking eXcep-
tons. Overruled.
Saw defendant two or three different
lines going about with armed squads.
All these things in Meridian, Ia Lauder ,
lale county. in this State.
Turned over 70 the defendant. ,
cRoss EXAMINED.
By Mr.. Wharton-Were you examined !
before the Grand Jury when this Indictment
vas found !
Witness seemed uncertain how TO answer. q
seemed To try TO say he was not aud then q
aid he was before the Grand Jury once, u
nut don't know they asked him about this. I
Mr.. jacobson interpOsed, and objected. .
rguing that the inquiry could not thus be 4
made, TO show that the mlkH0tgn parties v
lleged against IN the indictment 'cere kHo,0n a
D the Grand Jury. v
Mr.. Wharton replied that IL was unsea- n
enable To make that objection now. The o
uestion was. has he ever been examined In q
be grand jury room. lt would be time h
nOugh when that was answered, aud fur n
ler enquiries made concerning what he b
estiied To before that body to make the n
bjection. :
The Court reminded counsel that IL had p
lready been announced that II 10 should u
G shown that the grand jury did know Of p
le parties alleged against as unknown, the
ELECTIONS made by the defense 70 the adj "A
lisson of this Elass of evidence, would be v
lvorably considered. We had not yet "
cached the point where we were 10 decide q
Jtg il Is 10 be ascertaned that parties al o.
,ged against as unknown were known. Il
Mr. wharton proceeded 10 read author ID
les, showing how witnesses are bound 10 n
nswer touching the things they have tes- u
fled before the grand jury. o
Court said. no doubt, the defendant might
* thequestion propounded to witness. The al
curt could very well see the great import In
nee of this question. The Court thinks IL "
as stated the question correctly,that If itbe nj
lown that the grand jury dill know parties d
legged as unknown, the prosecution falls 10 NJ
ne ground. Al
The Court intimated very plainly bias
opinion that this could not be shown ex- m
'pt by something apparent upon tho very Il
ce OF the action of the Jury. But regard III
X the great importance Of the question "a
III not finally decide until after a careful hl
cam inatiOn Of the authorities, remarking / W
at it was about time now TO adjourn. q
Court adjourned to o 80 to- morrow morn s.
x. W
FOURTH DAY. m
SATURDAY, February II, 1872.
The reader of these reports will have to
'ticed illusions now and then 10 the great XII
'ncourse of people assembled about the 5,
~ Hall; and the reader. f IL has not been W
stinctly stated. has understood. doubtless, q
at these people hanging around are col AL
ed people; and further. that they are wit
.sses and prosecutors brought here by the nj
istrict Attorney. Aud. If II Is not further i,
that they are from the city Of tw
eridian. it Is our business now To state r. n
"a oil rf Hara H. f.