New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-14
WHOLE NUMBER 2l29.

with the intent laid in the indictment or
auy of it's counts, or if you shall be
of opinion that there was such band
ing or cOnspring with the intent charged,
but shall not be clearly satisfied that the
prisoners on trial, or some of them. were en-
gagged in the banding and conspiring, then
you will return general verdict of not
guilty. But if you shall find any of the
prisoners guilty under any of the first six
teen counts of the indictment, then it will
be your duty to consider whether, in the
prosecution of their unlawful design. Alex
ander 1illman was murdered, as charged in
each OF the last sixteen counts of the in"
dIctment.
Murder in Louisiana ia murder as defined
at common law; and murder as defined by
the common law is where person of sound
memory and discretion unlawfully killeth
reasonable creature in being, and under the
peace of the State. with malice afore-
thought, express or implied.
If YOU shall find the facts that Tillman,
after he had laid down his arms and had
left the courthouse, and was endeavoring to
leave the scene, was purpOsely shot and
killed by the alleged cOnspiratOrs, you
would be justified in the conclusion that
the crime of murder was committed upon
his person. The law presumes that il one
of the alleged conspirators discharged at
Tillman - deadly weapon, and he was
thereby shot and killed, that the person sos
firing intended to do what naturally re-
suited frsm his act The killing to DO murs
der must have been done with malice afore-
thought. This is not so properly spite or
malevolence to the deceased in particular aa
any evil design in general--the dictate OF b
wicked, depraved and malignant heart-a
purpose to do q wicked act, and it may be
either express or implied in law. Ex-
x-x:s a1c<
deliberate mind and formed design doth
kill another. So In many cases where mo-
malice is expressed the law will imply it as
when man willfully poisOns another. In
such deliberate act the law presumes
malice, though no particular enmity can he
proved" Blackstone's Conn.,, Book 4, p. 1873.
There is no particular period Of time
during which it is necessary that malices
should have existed or the party should
have contemplated the homicide. If fos
example, the intent to kill or do other great
bodily harm is executed, the instant Is
springs into the mind the Ofense is as
trnly murder as if it had dwelt there for -
, long period" Bishops Grim. Law, sec.
Under these instructions you will detss.
mine whether in the act Of prosecuting the
unlawful banding together and conspiracy.
charged in the indictment, Alexander Till
man was murdered by one or more of the
alleged conspiratOrs. If you so find, then
those of the prisoners at the bar whom yo,s
shall find guilty under anyOf the first six-
teen counts, you ought to find guilty undaF
corresponding counts charging like intens
in the last sixteen counts. Ii you find thaE
no murder was committed upon the person
of Tillman. then there can be no conviction
under the last sixteen counts or either ct
them.
add this qualification, that if you should
find that any of the prisoners at the bar
joined the conspiracy for the first time after
the killing OF Tillman, you ought not to find
such persons guilty upon the capital counts
You may acquit all the prisoners on trial
on all the counts, or find them guilty on all
the counts. You may find part guiltys
and part not guilty, according as you may
determine. If you shall find any of the
prisoners guilty, upon any OF the last six
teen counts, it is your right to return YER
dict against them on such counts ''withou$
capital punishment
Gentlemen OF the jury, Che case is now
committed to your hands. 1t is one of mag
nitude to both the prosecution and defense.
On your verdict may depend the peace and
order of the State; on it does depend the
liberties and lives of the prisoners at the,
bar Give it your best deliberations.
Though you may be convinced that o mosv
| atrociOus and and appalling crime was com
mitted at COlfax on Easter Sunday lasts
| though you may believe that white men els
gagged in that terrible affair left the neighs
borhood on that Sunday night with hands
| red with the blood OF helpless prisoners
| that alone is not ground for q verdict OF
| guilty. You must be clearly satisfied tina y
| the precise crimes described in this indict-
ment, or in some of it's counts, were COM
mitted by one or more OF the prisoners 40
! the bar If you are mot so convinced, you
1 Al,, ha ntha nd vnl
| are persuaded by the evidence that tho
| prisoners, or any of them, banded or coz
spired with the intent laid in this indicts
! 1nent, or in any of it's counts, trust yoa
will have the courage, l trust there ls
enough good and lawful manhood among
! you to say so by a verdict of guilty. Aud
! pray God to lead you to true and just con
| clusiOn.
The courtroom vas literally jammess
with people. among them quite a numbez
| Of ladies'
Attorney General Field was present,
seeming greatly Interested in the pro
eeedings.
| Judge Woods and The court officers re
mained in their offices late last night, and
did not retire until they felt certain that 8
verdict would not be rendered before to
day's session.
! After the jury retired last evening sew
eral of the members stood at the window
on Decatur street, and as it was possibl
that some person might communicate will
them, Officer Boylson was detailed AM
sworn in by Judge Woods to guard tha
section.
| At two o'clock this morning our repOrte
made reconnaissance, finding the jury roon
in total darkness, and obtained o repor
that all the iurymen had retired for tn
night, not having signi6ed that there wa
any likelihood that q verdict could be o
would be sent in, whereupon Judge Woods
clerks and the marshals left the building.
Waiting for the verdict was then tn
order, and it is quite probable that de
cision will be made to-day.
| -D-------------
st. douis Globc Relief Fund.
The following letter was received ye'
terday by Governor Kellogg, and tn
amount transmitted was promptly place'
in the hands of Mrs. Fry:
GLOBE OyYIcs,
st. Louis March III, 1874.
To His Hxcellency Governor Kellogg:
Inclosed please find draft for S505 20, bt
ing the remainder of the fund collected G
: the Globe office for the benefit Of Mr.
1 ,.tl