The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-12-20

pose 10 oid nor nave the purpose Charged
in the indictment, then the parties are
not guilty. under the first count, even
though the Jury may find they partici-
pahal in the riokous proceedings. y
Two OF the remaining counts OF the
Indictment, gentlemen, charge that a
conspiracy was formed to punish Wade
Perrin and Samuel DELAY, the persons
whose names are set forth in the re-
spective counts, because they had pre-
viously voted in the particular manner
set out. T" .L 4.
What have said about conspiraov
applies to these counts. They onlv
differ from the frat count in that they
charge different purpose for the con.
spiracy, and that purpose, you must find,
was one OF the purposes Of the con-
spiracy. before you find the prisoners
SH:!.yri il yon find they we're members of
To determine che purpose Of the con.
was one, you are at. liberty to consider
what the parties engaged in il eaid, and
the acts they did in concert er by agree
ment in furtherance of it. There can
be no better way to determine what q
company OF persons agreed or conspired
to do than to find out what they did in
turtherance OF their agreement, acting
together or in concert. It is seldom
possible to prove by the words, either
written or oral, of the conspirators, what
their purpose was. You sometimes may
find that conspiracies are not generally
formed in public, and you are left to the
conduct OF those who belong to them to
determine the intention Of the .combina.
| ton.
[ felt it my duty. gentlemen, to say
n hot Gin hi H.
long on trial, and the mass Of testimony,
relevant and irrelevant, is SO great, that
you will be required, in obedience to
your oath, to give it long and patient in
vestigation. You owe it to the Govern
ment, which is jealous of the liberty of
the citizen, and wishes none but the
guilty punished, and you likewise owe it
to these prisoners who are Jointly in
dicted, to give each of their cases that
patient, careful and deliberate investiga-
ton that you would give it were he alone
on trial before you.
The Government js bound to make
out it's theories of the guilt of these
parties OF the crime charged, to the ex.
olusion of every theory Of their inno-
cence which aocords with the facts; and
every reasonable doubt-and by that I
mean doubt which is founded on q
|
can give good reason-you arc bound
to give to the prisoners at the bar.
You may, gentlemen, find each party
guilty or not guilty of one or more Of
the connts IN the Indictment, or you
may find some guilty and others not
guilty, or you may find q verdict OF
gnlltyfor not guilty generally. .ds
The Jury then retired. All the jurors
except those on this panel were. dia-
charged from attendanoo on this term.
The court then adjourned until Friday,
at 10 A. NJ. >, 49,
Elihu Q. Barker, of Darlington, and
VIM. A. Hayne, OF Marion, who had
been appointed United States Commits.
sioners for their respective Counties,
| appeared in open court and were sworn.
NAIL AlLARRANaEMENTs. Tho Northern
mail opens $50 A. NJ. and 800 P. H.;
closes P. III. and l1.O0 A. NJ. Charles
ton day mail opens 6.15 2. NJ; closes
A. NJ; night opens 100 A. NJ. closes
els P. NJ. Greenville opens 6.45 P. n.
CLOSES 6 A. Nj. Western opens $50 A.
NJ. and IL 80 P. NJ; closes and F. 81.
Wilmington opens $50 F.. NJ: closes
1890 A. NJ. On Sunday the Office is
open from 8 to P. NJ.
PHGN1x1ASA.-If q man has but one
eye, let him get wife, and she will be
| his other I.
The Digger Indians are never known
to smie. They must be grave diggera.
Deliberate with caution, but act with
decision, and yield with grecefulness or
oppose with frmness.
Plato calls opinion medium between
knowledge and Ignorance.
To make apple trees bear-Pick OF all
the leaves as soon as they appear.
Strange-The heaviest speeches don't
always have the greatest weight.
EXECUTIVE APPOINTMENTS. The Sc.
nate, in executive session, has confirmed
the following appointments:
Darlington County-Trial Justices--
T. Price, rice Orrin D. Lee, removed;
F. Z. Baxter, John j. Russell, uice Jas.