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

both. which was actually carried out
in the case Of Tillman, and which was
attempted to be carried out in the case OF
Nelson, because they were charged with or
supposed BY the consprators to have been
guilty of a violation Of Law.
II you find that the crowd Of white men
who surrounded the Colfax courthouse on
the thirseenth Of April entertained COM
mon purpose to put Nelson and 1illman to
death for AT alleged violation of Law by
them. and took measures to carry out that
common purpose. I say to you that every
man who joined in that purpose. whether
actually engaged or not. is guilty under the
third count of this inc Gictment. It Tillman
and Nelson had broken the law in taking
armed possession of the courthouse in Col
fax, in srresting citizens in the highway. in
rohbin9 houses in the neighborhood, in Oh
etructing citizens in their access to the
public buildings, in joining in riot or riot.
Gus assemblage, in firing upon and killing
Hadnot and Harris, or by their completely in
this last act; ar if they were charged OF sus-
pected OF these Offenses, or any other infrac.
ton OF the laws Of the State, before they could
be punished for them they were entitled to
due process of law. They were entitled to
public trial by an impartial jury OF she
parish; TO tho right OF being heard in their
defense by themselves OF their counsel, and
60 the right Of meeting the witnesses against
them face 70 face. And il there was COM
mon intent among the indicted persons to
hinder and prevent the enjoymens by Mel
son and Tillman Of these rights by staying
them, then say TO you that those persons
are guilty under this count. The intent
may be and ought 60 be inferred from their
acts. II the natural sesult OF the conduct
OF tho indicted persons in killing Tillman
and attempting to kill Nelson was 30 de-
Drive Nelson and Yillhap Of their constitu.
1iOnal and lawful right to . fair and Impair
tial jury trial. then you are justified in hold
ing that such was their intent # the in
dicted persons. believing of supposing or
suspecting Tillmaa and Nelson to be guilty
Of = public offense, took the administration
Of the Law into their own hands and slew
them, OF attempted to slay them, thus depriv-
ing them or attempting TO deprive them of a
trial according TO tho law Of the land, then
al! persons who banded together with chat
intent are guilty under the shisa count Of
the Indictment.
# is not necessary that this intent should
have been originally entertained by she Al
legged eonspirators 1t need not have ex-
isted before tho thirteenth Of April. 1t need
not have xisted before the surrender Of the
courthouse. If after that event and after
the shooting Of HAdnOt and Gilman the
common parpose was entertained by the
crowd of men around the courthouse to put
Tilfman and Nelson to death FOR their sup
posed or actual violation OF the law. and
that common purpose was syinced by acts,
that IS sufficient, and every man among the
alleged conspiratOrs entertaining that pur-
carrying it out is guilty under the third
count. is guilty under the eleventh count.
and it in the prosecution Of that purpose
murder has been committed is guilty under
the nineteenth and under the twenty-sey-
enth counts, all these four counts charging
the same intent.
The law under which this prosecution is
carried on was framed for tho express
purpose Of Furnishing just such acts ~
these. No man OF body Of men has the
tight thus to take iato their hands the sum
mary administration of what they may
suppose to he Justice. One of the dearest
rights of the citizen is the right 70 due pre-
cess OF law, and no body Of men can band
or conspire together with intent to iajure OF
oppress the citizen. for che purpose OF de-
priring him Of this right, without falling
under the ban Of this law Of Congress.
You must dismiss from your minds any
idea that state Of war existed Ut Celfax
on April !3, or shat martial law was then
and there in force. The civil, and not mar
tial law, prevailed, which knows 10 such
thing az truces or fags Of truce. If Till
man and Selson had any completely in FIR
ing upon and killing Hadnot and Harris
while bearing white flag, they may have
been guilty of murder; but they were not
guilty OF firing upon d flag OF truce. TO: the
civil law knows slu such Otfense
Having considered and passed npon the
third count, YOU will next turn your attention
20 the fourth conht. THIS lays the intent
OF the banding and conspiring Co have been
to iniure and Oppress Tillmsn and Nelson
with view 20 prevent their free exercise
and enjoyment OF their s:ghc to the equal
benefit Of al! laws enacted by the United
States and the State of Louisiana for the
security Of their persons and property. and
enjoyed by white citizens Di tho State oi
Louisiana.
Gentlemen, I need only say in reference tc
this count, that the same facts which would
Justify verdict Of guilty under the third
count would sustain a verdict of guilty un
der this. Il you find banding together o.
the indicted persons for the purpose Of op
pressing Tillman and Nielsen. with the intent
to deprive them. by staying them. OF The
right TO fair and impartial jury trial fol
Some Dffense committed, or supposed tt
have been committed by them against TIT
! law. then such persons are guilty-and yOl
! should 40 find by your verdict. Further, i
you find that the intent Of the consprator
! was to prevent the enjoyment by TillmaI
and Nelson of the equal benefit Of an.
! other provisions of the constitution and law
J than those securing due process of law. yo'
| would be authorized to convict them unde'
| this count.
The intent laid in the fifth count is simi
| FAR TO that in the fourth, and with the ad
| dtion that the injury which is was the pur
| pose of the alleged conspiratOrs to infiict OF
Nelson and Tlllman was, it is alleged, OF
| account OF their African descent. Th
! facts which would sustain the fourth conn
! would sustain this with proof of the add
! tional fact charged, namely. that tn
| moving cause of the intent was the <lescen
| of Nelson and Tillman from the Africal
| race.
| The eight. count Is very broad, AM
charges an intent to prevent and hinde
Tillman and Nelson in the enjoyment OF al
| the rights and privileges granted and sc
cured to them by the constitution and law
of the United State. IF you find bandin
] together with this intent. you should return
q verdict of guilty under this count agains
! the persons shown to have been so banded
The proof which would justify a verdict @
guilty under the fourth, fifth and eight
counts would authorize the sam
verdict under The twelfth. thirteent
and sixteenth counts, and if. in tn
l prosecution OF the banding or cor
epiracy charged in those counts. Alexar
der Tillman was murdered, then the add
tonal proof of the fact would authOriz
verdicts Of guilty on the twentieth. twenty
first, twenty fourth, twenty-eghth, twenty
I ninth and thirty second counts.
The names Of Alexander Tillmafs an
Levi Nelson are used in this court as th
persons against whom the unlawful autem!
was ieyeled. 1t is not necessary to Prov
or for you to find. that the alleged conspir;
J tors had particular intent directed againt
these men specially. If tho intent apple
to the crowd of colored men, and Tillma
| anp Nelson formed a part of that crowt
| that is sufficient to sustain the indictmen
even though the names and persons Of Til
man and Nelson were unknown to the sOl