The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-06-28
Woods Has a Little Say.
The Motion for a New Trial
Overruled.
Justice Bradley to the Front.
The Prisoners Admitted to
Bail.


the motion for new trial in the Grant Parish
case.
He came into court at about $50 o'clock
assembled the bench, and proceeded to speak.
HE STARTED
out by telling wha. he was going to pass upon,
las if everybody did not know, and then took
up the several grounds in the motion.
He punched the first seven he said they
may be taken together, as they are all to the
effect that the verdict was not in accordance
with the evidence.
He had been an attentive listener, he mildly
informed everybody, Of the testimony. He
had listened through two trials and he could
see no difference between the evidence in the
one and the evidence in the other He re-
lated what he considered the facts, as estab-
ished by this evidence. It was
NICE STORY,
in which were detailed the terrible doings Of
the white men, and the meekness of spirit
and the fear of the blacks.
In speaking of the surrender he said that
the negroes had capitulated, and when after
this they threw down their arms a volly was
poured into them by the white men, which
not only wounded number of negroes, but
brought down
TWO OF THE WHITE MEN,
(Hadnot and Harris) who were trying to pre-
vent bloodshed, Jupiter Pluvius]. He said
that Nash had acted without any warrant or
authority, and that after he had conquered
Ward never demanded the Court House, (rea-
son why, it was burned DOWN, but that he had
with Cazabat, made pretense Of holding court.
He said that notwithstanding the threats Of the
negroes, no white man had been injured 1.-THE
outrage on Rutlands house to the contrary
Notwithstanding
; The evidence showed that 1r,in and Cruik-
shank were with the banded men, and all in
all he thought there was strong evidence i'll
support of the counts as to intent. and the
seven grounds were not well founded On
THE EIGHTH GROUND,
which relates to the convict Kelly, he did
not consider the simple fact that Kelly was a
convict, a good ground for setting aside the
verdict He overruled it.
THE NINTH GROUND
was overruled, because there was. in the
learned Judges opinion no doubt that the
Mulvey who served on the jury was the Null
vey wanted by the commissioners. No one
doubts it.
ON THE TENTH GROUND
after citing a number of authorities, he wisely
decided that neither the common law Of Eng
land nor the common law Of the United States
gives the jury the right to pass upon the law,
and that, therefore, when he so instructed the
jury in this case he was right. He over
ruled it.
THE ELEVENTH GROUND
he disposed of by saying that the opinion ex-
pressed by him as to what the evidence had
established embodied only such facts as had
been admitted to be true, but that afterwards
that he, by request of counsel, charged that
the defence admitted nothing, and that they
must not be governed by what he had said
THE TWELFTH GROUND
could not stand, because the law did not re-
quire the verdict to be written. 1t might be
the rule Of the State courts. but the United
States courts need not be governed by that
TT lays with the Judged
The thirteenth ground he raped the
head by saying that the statements were not
true in point Of fact and that under the true
state of the case it could not stand. 1t related
to the second charge OF his Honor delivered
after the receipt of message not received in
open court
He thought the separation of the jury as set
fourth in the fourteenth ground, was all right
so long as the men who went out were in |
charge of sworn bailiffs.
The fifteenth, sixteenth, sew nte enth and !
eighteenth counts he disposed of by saving
that his charge to the jury was strictly accord |
ing to the law and the evidence. He over
ruled them.
He wound up by saying that the prisoners
had had full and fair trial, which had been
conducted with great liberality on the part Of
the prosecuting officer Good enough And
then sorrowfully, or so sorrowfully, overruled
the motion.
The prisoners and counsel were disappoint-
ed ut this ruling, the former terribly 50, for.
although they had expected it, they had
against the worst
Woods announced that ut twelve O'Clock
Justice Bradley, who had arrived in this city.
would occupy the bench and decide the mo-
ton in arrest of judgment, as argued before
him on the first day of the trial
The announcement made very little impress
sion on any except counsel, who placed the
greatest confidence in the honesty of purpose
and the legal attainments of Justice Bradley.
AT IL O'CLOCK
court reassembled, and Woods and Justice
Bradley assembled the bench
Mr.. Mari read the motion in arrest and
then submitted the case
In his opening remarks Justice Bradley took
mp the law under which the action against the
prisoners was brought, and considered its
His opinion was lengthy
and able and the right of Congress to pass
such law WIS viewed in every possible light.
1t was claimed by Mr. Mari in his mastery
argument that the act was unconstitutional.
md inasmuch as it intertered with the iecisla-
ion of, and was in fact legislation for the
J. atas. That the case at bar was matter for
he States, as it was the duty of the State to
protect its citizens.
Justice Bradley said in substance that it is
understood that whatever the Constitution
Congress has the right to enforce
~ legislation-wher the ends are required the
means are given.
He quoted opinions to sustain his position.
Tie fifteenth amendment is right guaran-
eed by the Constitution. and Congress has the
light to legislate for it. 1t is relative night.
The fifteenth amendment does not confer the
light to vote that is matter for the States
,ut it guarantees that the right to vote shall
lot be denied on account of race, color, or pre-
ions condition of servitude, and Congress- has
be power to enforce the prohibition
The question, however, be said, i, has Con-