New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-14

duU tuo OjdCc VI AoulSidud loH suO oSONiey
of their persons and property at that time
enjoyed within the State OF Louisiana by
white citizens of the State.
The fifth cOunt charges the intent to in
jufe, oppress, etc with the purpose to pre-
vent and hinder Nelson and Tillman, on
account of their African descent, in tho
enjoyment Of their constitutional and lawful
rights, privileges. immunities and protection:
granted and secured to them as citizens Of
the United States and State Of Louisiana.
The sixth count charges the intent to in
jufe, Cypress, etc with the purpose to pre-
vent ana hinder Nelson and Tillman in tho
free exercise Of their respective right Co
vote at any election to be thereafter by Law
held in the State of Louisiana or in tho par
ish of Grant, said Nelson and Tillhan being
lawful voters.
The seventh count charges the intent 20
injure and oppress, etc.. with the purpose t"
put Nelson and Tillman. eeverally, in great
fear of bodily harm, because theys having a
/ lawful and constitutional right so to do.
had VOted at an election held on The fourth
day of November, 1872, and at divers other
| elections before that time held BY the pep
pie of the State of Louisiana.
| The eighth count charges an intent TO in
jnre and oppress, etc., Nelson and Tlllman
! with the purpose to hinder and preyent
| them in the enjoyment Of every. each, all
I and singular. the several rights and privil.
| eges granted and secured to them by the
constitution and laws Of the United etates
of America.
The mex. eight counts Of the indictment.
| numbered from nine t. sixteen inclusive,
I are respectively identical with the first
eight counts, with this single difference:
! Instead Of charging that the indicted psE-
J sons banded together, 1t il charged that
! they did combine, conspirs and confederate
| together with the Sevsral lptents and pur-
poses laid respectively in the tirss s'ghs
! counts.
The eight .counts numbered from seven.
l Teen to twenty four inclusive, are identical
with the first eight counts respectively; OK,
| cepu that to each of these counts 1s added
| the ayerment that the indicted persons.
} while 90 teloniously banded together, and
I in the act of committing the felony, IN these
| counts charged did commit the crime OF
willful and malicious murder npoD the per-
son OF said Alexander Tillman.
I The last eight counts are Identical with
I the eight first named, except that they
charge a combining and cOnspiring together
| instead of a banding together. And toeacb OF
} these last eight counts is also added q charge
| of Willful and malicious murder upon tbe
! person of said Alexandey Tillman. j..
The readng of the law OF Congress and
! Of the indictment based upon 1t shows you
that the giss of the Offenses charged IS the
| lneSn MT Win winch bus CIluliuaA fs0SS SO ss''
| legged to have been done.
| There can b. no conviction under this in.
tiictment unless three things are shown:
/, There must be . banding or consplr1nS
together of SHo or more OF the ACCUSED per-
| sons amed in the indictment.
. This banding Or conspiring must De
I with the intent to injure, Oppress. threaten
OF intimidate Lew Nelson or AleSaades
| Tillman.
3. This intention 70 injufe. cypress.
threaten or intimidat, must be thereby
to carry out one Of the purposes and intents
epecified in the several counts OF the lndlct
ment: as, for instance. as stated In the first
! count, the purpose to hinder and prevent
! Nelson and Villman in the right peacably
to assemble, or az stated in the third count
the purpose to deprive Nelson and Iillman
I of their lives and liberty OF person without
due process of law.
| Unless these three points are established
bv the evidence. no matter how criminal
the conduct OF the defendants may have
been, they are not guilty under this andict
ment. Unless the intent IS proved a.
lai. down, this court has no jurisdiction o
the case, for it is tho unlawful intent witt
which the acts charged are done that gives
I the court iuCsdiction. Tho accused may
be tried on another Indictment. in some
! other court, but they can not be convicted
! under this indictment in this court without
proof or the alleged intent.
In passing upon any eontroverted case
it sa,es tabor and trouble and tends to
clearness and precision OF judgment
to ascertain what points are not disputed
I and what are in issue. in the case on trla
! there are many facts not m controversy.
proceed to state some Of them. in the pres
| ence and hearing of counsel on both sides
| and il state as u conceded TACT any matter
that is disputed. they can correct me.
| Abont the twenty fifth of March, 1873
one Shaw claimed to be sheriff. and one
Register judge, of the parish OF Grant. Re
tore that time Columbus 6. Nash and
Alphonse Cazabat. both Of whom are &C
cused BY the indictment in this case, had
claimed to be, the former sheriff. and the
| latter Judge of the same parish, holding, as
it seems, commissions signed by Governor
RC. Warmoth, and they had exercised
the duties of their respective offices. In the
month of March. 1873, application had been
made to Governor William p. Kellogg, by
the friends of Nash and Cazabat, for thei,
appointment to the offices of sheriff and
! parish judge respectively, which appoint
ment Governor Kellogg refused to make
| and instead commissioned Shaw and Regis
ter.
On or about the tweL@y fifth Of March
Register, the judge. Shaw. the sheriff
and other parish officers commissioned
by Governor Kellogg made an entry int
the courthouse of the parish, which they
found locked, by wav Of the window. The,
thas obtained and held possession of the
courthouse. On the night of Monday, tn,
thirty first Of March, Register. Shaw ant
Others eympathizinS with them, hearing
rumors of an armed invasion of the towI
for the purpose OF retaking the courthouse
counseled together. and Shaw. as sheriff
deputized from fifteen to eighteen men
mostly colOred, to assist, as his posse
in keeping possession OF the courthouse
and to preserve the peace. Ihes.
persons SO deputised were served will
written appointments signed by Shaw al
sheriff. On the next day, Tuesday. April
a company of mounted white men, headed
! by James W. HadnOt since deceased, anC
1 numbering from nine to fifteen, part, !!
not all Of them, armed with guns, cam'
into the town Of Colfax, and on the same
day one or two other small armed squad
also came into town. On this day no col
lision occurred between the men deputlzet
by Shaw and the men who came with Had
not and Others
On Wednesday, the second OF April l
small body of white men. mounted ant
armed, approached Colfax and were met 1
:. short distance from the town by body o
armed men. most of them colored. Shot
were exchanged between these two bodies
of men. No one was hurt. and the whit
men rode off.
These proceedings alarmed tts coforet
people, and many came to Colfax for refuge
and with them number OF women an,
children. Many, perhaps ajority OF the
men who collected in the town, came armed
On Saturday, April S. a band of armet
white men, fifteen in number. as claimed e
be shown by the prosecution. and three il
number, as indicated by an item OF eyidenc'
introduced by the defense, approached tn
house of one Jesse Mckinney. colore'
man, three miles from COlfax, on the Darrow
and found him engaged IN making 1enc'