New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-14
VOLUME VI1--NO. *
fHR GRANT PARISH PRISONERS
4rial IN the United States Circuit Court
NiGl WOODS CHARGE-'-WAITlRG e0R
THE VERDICT.

xhe seventeenth days proceeding N the
sSlal Of w. ). Cruikshank and Others,
charged with conspiracy and fnurdes IN
Giant parish last April opened in che
UAited States Circuit Court yesterday by
Judge Woods delivering his charge to the
Sury. We publish that document entire,
accepting it as page in ihe history Q!
louisiana.
j. X. Beckwith. United States stternes.
Ri. Mari, w. X. Whitaker, z. ;. Ellis,
q. Ryan, and - Bryan, for the defense.
The United States vs. William j. Cruik.
shank and Others.-Judge Woods charged
the jury a. follows:
The indictment in this case is presented
Jointly against ninety-eight persons. Only
nine OF them have been arrested and
Aow on trial. These are William Crpik
shank, John P. Hadnot, William b. Irwin,
Denis Lemoine, Oscar Givens, Thomas
Hickman, Alfred Lewis, Clement Penn and
Prudhomme !emoine.
The indictment ia based upon the alleged
ISOLATION by the prisoners at the bar
and the other persons indicted Of the
sixth section of che act Of Congress
approved May 81, 1870, entitled "An act to
0nIOfC6 Inc rlSut vi CItlLohc VI Vno OA'.su
States to vote in the several States OF thls
Union, and tor othes purposes" ZIG Stat
S4l.)
The section reads as follows: THAT il
tepo or more persons shall band or cOnspire
together. or go in disguise upon the public
Highway. or upon the premises OF another
with intent to violate any provision OF this
not, or to injure, oppresA, threaten or In
<imidate any citizen, with intent to prevent
apipvmQni
Of anv right or privilege granted or secured
eo him by the constitution or laws. OF the
United States, or because of his having ex
ercised the same, such person shall be held
guilty of felony, and on conviction thereOl
ehall be Gned or imprisoned, or both, at tht
discretion of the court, etc.
The next section of the same act declares
ssThat if in the act of violating any pro
%ision in either of the two preceding sec
demeanor shall be committed, the OF
fender, on conviction of the violation Of saic
sections shall be punished forthe same will
such punishments as are attached TO th'
said felonies, crimes end misdemeanors Dy
the laws of the State in which the Offens'
may be committed"
This statute is the law OF the land, ant
It ia your duty and mine ip a proper case u
enforce. Its purpose IL the protection q
class and condition, IN the exercise and ell
,oyment of their lawful and constitutions
rights. Its operation is equal. dts prom
Sitons are directed to all PERSONS; It's pen
saltes fall upon all offenders against 1t
provisions of every raoe, condition ant
party. No man who takes care not to III
wade the constitutional or lawful rights
another can be touched by 1t, ana u pro
$ects alike the rights of all. 1t applles T.
all parts of our country, and its provision
extend to every State and Territory In tn
Union.
It is lust and wholesome act. designe'
50 promote peace and public order, to pro
tect every citizen, whether lofty. or loWly
tich or poor, learned or ignorant, IN the Ire
exercise and enjoyment of all the privilege
and immunities which are granted or sc
cured to him by the constitution ana law
Of his country. An classes .ot citizens
whether white OF black. without regard I!
&aee or previous condition., are Interested II
sts enforcement. o..
The otTense charged is hot q politica
Offepse, as that term is generally and proI
erly understood. This Is simply prosecu
tion against the accused tof an alleged II
vasion of the la wful and constitutional right
of others. and you are to pass upon u, an
try it just as you w.uld an accusation 9
any other felony.
sour minds the idea, If such an idea ha
found lodgment there. that the prosecutlo
is in the interest of any political party Q
faction. 1t is in the interest OF the Who'll
people, it is in the interest of peace, puoii
security, and Of public older. It ls tru
that the persons who seem to have autere
from the alleged violation in this instanc
Of law have belonged to the colored race
But it may sometime become MY duty an
ho Aut rf of tn frv. under tn
provisions of this act, men OF Africa
descent for invading the rights OF whit
citizens. 1t is your duty and mine to ad
minister the law without regard to person.
and to do equal justice to all classes OF Cit
sens. Come, then, to the consideration q
ths case with minds free from preludic
and determined to render o just and tru
verdict, according to the law ana In
evidence.
Throughout your Investigations there ar
swo humane maxims of the criminal laS
chat YOU should bear in mind. These are
First, that the prisoners at the bar are pre-
Sumed in law to be innocent until thei
guilt is shown; and second, that no ma
should be convicted of q criminal offens
Sntil his guilt is established beyond reason
able doubt. The first rule puts the burde
Of proof upon the government; the accuse
not called upon to offer evidence to Ell
eulpate himself until the government ha
shade out, by proof, prlma faoie Gas
against him. Until that is done, b
ia to be considered an innocent mau
sche second rule means that the gull
of the accused must he made
clear that reasonable man would no
hesitate to act upon the proof OF gullt
chat the evidence should be SO strong as t
he inconsistent with the innocence OF the az
eused; so strong that it can be explained o.
po reasonable hypothesis but that OF guilt
pf the accused.
The prisoners ut the bar are brought {
trial upon an Indictment containing thirty
$wO counts.
The first count charges that the ninety
eight persons therein named, including Tn
sline prisoners at the bar, on the thirteent
Of April, 1873, at Grant parish, in the dIt
trict of Louisiana, fully and felOn
Ously did band together with the uniawfu
and felonious intent and purpose one Lev
Nelson and one Alexander Tillman, sal'
Nelson and Tillman being citizens OF tn
United States and OF African descent, un
lawfully and feloniously to injure, Oppres
shreaten and intimiGate, with the unlawfu
and felonious intent thereby the said Ne
con and Tillman respectively to hinder an
prevent in the tree exercise and enjoymen
gether with each other and othe
citizens of the United States FOR
peaceable and lawful purpose, til
same being right granted and secured t
the said Nelson and TIllman, in c1mmo
with all other good citizens of the unite'
Etates. by the constitution and laws Of til
United States.
The next seven counts all charge lik
Sanding together, and only differ from tn
first count and from each other in the ult
mate intent with which the banding te
gether is alleged to have been done.
The second count charges banding &c
Sether of the indicted parties with the II
tent to injure, oppress. threaten and lntim
date Nelson and Tillman with the purpos
to hinder and prevent them in the free e1