New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-13
round, by a man five feet six inches

ground, by man five feet six inches
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We are all exhausted by this long trial
long in time, but short for the crime that
has been committed, and short for the in
terests of justice, law and humanity. should
have gladly escaped any participation in it,
have been glad to have shirked my duty,
and If l had known what it was to
have been. to have abGicated my po-
SltiOn. am not 50 constituted that
l can look with calmness on such
horrors as we have listened to. Day
after day the tale of this slaughter has
gone on; day after day did the grand jury
devote itself to it, exhausting the horrible,
terrific muster it was called upon to CON
slider. Another trial will follow this, but it
is now to be settled whether protection
shall be given to order and liberty and con-
troll not given to Nash and his banditti.
dislike to appear in trials of this kind.
There are others, better adapted to them,
who could have presented the case stronger
and better to you. But l can express to
you the consciousness that have done my
duty. It is nearly ended. Yours will con-
tlnue longer, but can not believe upon nv
conscience that there can be found twelve
men, not engaged in this crime, who can
apologize for it. It is the duty of the coun-
sol for the defense TO do so. it is their legitl-
Mate right.
But would rather be that poor wretch
burned to einder in the ruins of that
courthouse, who met his death unshriven,
than stand as the apolOgist for the crime
that caused it. / would rather 20 to the
bar of God with the chances of the souls Of
the sixty.fou or sixty five human beings SO
inhumanly butchered than carry to God =
soul SO debased as to defend such crime.
They stand before you with more chance
than they give their victims. The question
of their guilt is for you to decide. This is
the first OF series, and they have already
learned that justice Is certain and cure.
though it may he slow.
One counsel has said that his effort would
be to swear out the record. He must swear
out che going to Colfax, swear out the ex-
istence Of the skeletons in the ditch, now
covered BY few inches OF dirt, and let
the name be forgotten of every incident of
the week before and after before that stain
will bs wiped out. While history lives the
massacre of Colfax will never be forgotten,
and the slaughter Of those helpless men
only be compared with the feal full deeds OF
Philip and Alva in the Netherlands.
must now leave the case with you. and
! trust and hope, and say it on my con-
science. my motive is only the administra-
ton of justice; nothing but to enforce the
law, that your verdict will be said to have
done justice between these parties and the
sixty-three OF sixty-four lives they have
taken. II you have a reasonable doubt you
can acquit them, but it must be doubt
formed on the evidence, not q chimerical
one. nor one drawn from general reasoning.
They have another chance which they did
not give their victims. You may, if you
find there were extenuating circumstances,
or from other causes which the court will
tell sou of, remit the penalty of death as
under the State law. The punishment then
may be severe. but it will be more mild
than was metet out in Grant parish.
I would call your attention to this, that
some one is responsible for this crime, and
somebody must be punished, or justice is
dead. When you hear man testify who
knows every man. and can not tell one of
the great unknown of Nash's posse, or a
man who sold them whisky and can not
tell name. but kpows Clement Penn was
not there.
Isay. and express my firm belief On my
conscience. that all of the accused except,
perhaps. Lewis, are the actual parties who
committed these murders. As to the death
of Aleck Tillman, il is not disputed. AS to
the time, it is Of no consequence, and you
are not to inquire whether it was in the
courthouse or among the prisoners. 1t was
one continuous act, and il these parties
were there, they are as guilty a. it each
hand had struck the blow.