The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-05-22
The Grant Parish Prisoners
Second Trial-FOursh Day.

Second Trial-FOursh Day.
The court opened promptly at 9 o'clock.
with the prisoners and counsel on the in
side, and the cloud (back) of witnesses on
the outside.
Gilbert Noble, a colored man, was trotted
forward. He knew very little of interest,
but was very willing to tell it-so willing,
in fact, that he overstepped the bounds of
proprietv, and consequently got into trouble
when he fell into the hands of Mr.. Ellis.
Wm Ward, a negro, and member of the
House, was then placed on the stand.
His direct examination elected nothing of
special interest, and his testimony was, in
the main, the same as that delivered ut the
last trial.
A cross examination by Mr. Ellis elected
the information that during the fight on
April 81, he was on his gallery, out of the
line of fire, some GO or 20 yards distant from
the scene OF action. He denied thai there
ever was a meeting of witnesses in the case
at his house, but said that there were gen
orally IS or 20 people at his residence every
day.
He was shown copy of the Republican of
April 18th, containing an article under the
caption. "The Troubles in Grant Parish
Narrative of Events" to which his attention
W ttS Citlltu DIS iid| IHS dltdCHcu
with that of Register, G. ID. Drauthy, f. H.
Flavers and Charles Snowden. After care
full spelling out of the article, he said he had
never seen the document, of which it was
copy: had never appended his name to it
and that it was not Il correct version.
He knew of no disturbances in Grant
Parish previous to the one at CofaX. So he
said: but Mr.. Ellis refreshed his memory
somewhat by abiding TO many that had
taken place, and to which he confessed. OF
course it was all owing entirely to defective
memory, but nevertheless it was a direct
contradiction.
So thorough was Mr.. Ellis knowledge of
events, and so closely did he question Ward
that in more than one instance did he . go
back on himself
Capt. Vim. Wright was the next on the
stand. He corroborated the testimony of
Deklyne as to the condition Of affairs at
ColfaN some days after the battle.
A. J. Harvey, white, Deputy Sheriff and
Assistant Tax Collector of the parish, Was
the next witness.
He stated he was in Colfax stationed at
the Court House. a few days before; and
during the fight he was going ont in the
direction of the place where the whites were
standing armed, just previous to the fight,
when he met one Shark White, who told
illHl W 10 bdCk DIS tilfy Wdutcu W tdht HIS
life. He got away as fast as be could. He
was told that Hadnot and others were
going to take possession of the Court House.
He tried to keep the negroes from attacking
the whites, for he was in fear OF losing his
own life.
Mr. Whitaker asked the witness if he
knew of any disturbance in Grant parish,
attendant on elections held in the past.
Mr. Beckwith objected.
Judge Woods instructed witness not to
answer.
The question was withdra wn, but never
theless Beckwith had to have his say, which
was on the nature of protest for being
twice disturbed by the efforts of opposing
counsel to use witnesses for the State for
the defence.
During the examination of the witness,
Justice Bradley assembled the bench, and
when it was concluded, he stated to counsel
for defence that it was proper for them at
the time to introduce their motion made on
the first day of the case.
Mr.. Mari then introduced the motion,
which was to guash counts l. 2, ;, A. 5, 8, 9,
10, II, IL, Ii, Is, II. 1S, 10, go, 81, "a, Is,
26, q, %, % and 30. on the ground that the
matters charged in these counts do not con-
stitnte offenSes against the laws of the
Unit ed States, and do not come within the
jurisdiction Oi Tue FeueTdI lTlD1IltlS, anu 10
exclude any and all testimony in support Of
said counts.
An exciting and protracted argument fol-
lowed, curing which Mr.. MARI said: "The
right peaceably to assemble; the right to
keep and bear al ms; the right to enjoy life,
liberty and property the right to the equal
benefit and protection of the laws, are not
rights granted or secured by the Constitu
tion or laws Of the United States, within
the meaning of the act Of the 3lst May,
1870, against aggressons by individuals;
that these rights exist independently Of the
laws and Constitution of the United
States, and that the prohibitions against
violations of these rights are restric-
tions on the power of the Federal
Government and Of the State Government
alone, and that the protection of these
rights to individual citizens against viola
ton by individual citizens is left to the
local State Government alone, ard is not in
cluded within the inhibition of the Federal
Constitution and the amendments"
The Court took the matter under advise
ment.
At the suggestion of Mr.. Reckwth further
of witnesses was postponed
until the subject had been passed upon.
The court then adjourned until 9 o'clock