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

eral intents laid in this indictment, or some
of them. The defense says that it was
for lawful and laudable purpose, and not
with the intents laid IN the Indictment, or
any of them. Here, then, gentlemen, is
the turning point in this case, apd to this
YOU should give the most careful scruuiny.
For unless the prosecution has sa.iied you
that the purpose of the banding together
was that laid in the several counts of this in
dictment, OF some of them, there Can be no
conviction in this ease, and you should re.
turn general verdict Of DOT guilty.
No different intent is laid in the last
twenty -fonr e0nnts ot the Indictment than
is alleged in the first eight counts. Take,
then. those first eight counts, and con-
slider them carefully, With q view 10 ascey
tain whether the intent laid in these counts,
or any Of theIo 10 sustained by the proof.
The intent laid in She first count is 10 in.
lure, Oppress, threaten and in r-imidate Levi
Nelsor amt Alexander Tillman. with tho
purpose 20 hinder and prevent their free
exercise OF the right peaceably to assemble.
The right of peaeeable assembly is one Of
the rights secured b. she constitution and
laws of the United States. II eitizehs
come together for lawful and peaceable
purpose, their assem- bling il within the
meaning Of the constitution. The fact that
they assemble with arms. provided these
arms are to BE- used not tor aggression. but
for their protection, does not make tho Is.
semblage any Tho less a fseaceable one.
If you find that the assemblage at Colfax
ON the thirteenth of April last, Levi Nelson
and Alexander Gilman constituting . part
thereof. was for peaceful and lawful pur-
pose. fotwithstaa ding the members Of the
assembly were armed. If thir arms were
merely !or protection, and the persons
against whom tho Indictment is pre-
septed combined 81 injue. cypress,
threaten OF iutimidAte Nelson and Till.
man with the purpose to prevent their
peaceable assembling, Or TO break up
peaceablo assembly ct which they were
mem bers: or is fhe intent vas 80 to init
midate Nelson and Tillmsn that they
would fear Is unite with This 5ellow-citi
sens in peaceabls assemblies on future oe.
easion. then you would be justified in the
conclusion that the lQcept lait in this count
10 tsue.
Ii on the other hand she meeting Of
tolorxd people at Co.fax ON che thirteenth
Of April was not , Iawful and peaceable
assembly, and if sou should find that the
banding sogethee charged in she indict.
ment was not for the purpose OF so oppress-
ing and intinidatinc Nelson Tillman as to
present their freely joining in future peace,
able assemblies. then you should find that
and no matter what You may decide as to
other counts. your verdict should be not
guilty in the ninth. seyenteentA and twen-
ty-iifth couuts. ali Of which charge this
same intent.
Next con .id.R sh- intent Of the handing
and conspiring laid sn the second count.
which is alleged to be to intimidate. etc.
Nelson and gilman. with the purpose to
preyent their exercise OF the tight to keep
too. luu frf
The righ. TO bear arms is also y right
secured by .he constitution and laws Of
the United States. Every citizen of
the United States has she sight 80
bear arms, provided !t is done for law
tui purpose and IA n lawful manner. A
man who carries his arms openly. and Tor
his own protection. of for any other aawtn!
purpose. has as clear a right TO do SO as 20
carry bis own watch or wear his own hat.
II ths meeting a. Coltax on Apriil3. Of
which Nelson and Till1an formed q
part. was assembled. and was bearing
arms :or its own protection, and the
banding charged in the Indictment was
with the intent To iutiHlidate Nelson and
T!llmaR SO rs to prevent their hearing
arms on that occasion. or II the puC-
pose Ut tho banding together was SO
to intilnidate them as to prevent OF him
der them from lawfully bearing arms
b
count is made out. ifthis intent is noe estab-
iished 20 your satisfaction then your duty
il to retnrn . yerdic: ut not guilty uPen the
second count. and also The tenth, eighteenth
and twenty sixth counts, which Charge the
same intent.
For the pr.en: ! pass over the third.
fourth, fifth and eighth counts. and call
ccur attention 20 the sixth and seventh.
The irs. OF these counts charges that the
,C IL j
to so intimidats and oppress Nelson and
Tillman as 70 hinder them in the free exef'
else of their right 80 vots at elections TO be
held in the future, and the seventh count
charges an intent TO intimidate Nelson and
Tiilman, and to injure and Cypress them
because they had voted at the election held
on the fourth day Of November. 1872.
you will consider whether the intent laid
| in these counts has been proven to tour
satisfaction. IF 10 has. then there will be
| other matters for your consideration undeg
duty to return verdict Of not guilty on
tho sixth and seventh counts. and also on
the fourteenth. fifteenth. twenty-second.
! twenty. third. fhirtieth and thirty-tiIsl
| counts, which charge the same intent.
Inow call your attention TO the third
fourth, fifth and eighth counts. class
them together because there is general
! resemblance between then. Take them in
| their order.
The third count charges tbs intent of the
alleged banding to have been to ipjure, op
press. threaten ana intimiGate Nelson and
! Tllman, with the purpose to deprive them ol
their respective lives and liberty OF person
! without due process of law.
| 1t has been hinte1 to you by counsel foi
! defense that the Offense charged in this
count is not within the jurisdiction Of thii
I court % try. say to you, gentlemen, ina
| the oifense described in this. as well as in
! in its jurisdiction. The court has the right
! and power to try every count ia this indlct
! uent.
You will observe that this count does moi
/ charge an intent to deprive Nelson and
| Tillman of their lives and liberty of person
| merely. but 10 do SO sc;.soas Due process q
lao.
The fifth amendment 70 she constitution
I Of the United States declares that no per
! son shall be held to answer for a capital o.
| otherwise infamous crime unless upon pre-
I sentiment and indictments of grand jury
nor be deprived of life, liberty or property
I without due process of fav.
| The fourteenth amendment to the constr
| tuition Of the United States declares tina
/ all persons born and paturalized in tn
| United States and subject to the jurisdlc
tion thereof. ale citizens Of the Unite<
| Srates and of the State whereas they reside
| No State sha1 make OF enforce any Law
| which shaii abridge the privileges and IN
lmuni'ies OF citizens Of the United States
| nor shall any State deprive any person
life. liberty of property without due yrcses
Of law.
The constitution of the State Of Hoaisiana
arcticls six, title one, declares that prosecu
I tions shall be by indictment or information
l that the accused shall be entitled to speed
| public trial by "A impartial jury of the pal
ish III which the ottense may have been con
mitted. and have the sight to be heard %
himself or eounseS
Section sixteen of the ace of Congress ap
| nrnyed Nav 81. 1870 entitled an act to eI