New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-14
NEW ORLEANS, SATURDAY, MARCH IA 1874

opened and adjourned by Register a. judge
and Shaw as sheriff. After this the alarm
seemed somewhat to subside, and many OF
the coiored people left Coltax and rsturned
to their homes.
An armed body OF eoiore6 men, however,
Stiil held possession of Colfax and the court
house. and Obstructed ingress to the town
and courthouse, and the whites maintained
some sort of an armed organization outside.
OR Saturday. the twelfth Of April. the
cOlore6 men at Colfax threw up a small
earthvOrk in front Of and in ehe vicinity
Of the courthouse. At this time and on the
next morning che number of colorsd men
in the towu is rariously estimated at from
100 to 300, more than half Of whom were
armed with guns. cn the morning OF Aas-
ter Sunday. April l3 body Of mounted
and armed white men. variously estimated
at from $50 to 200, approached Colfax from
auoye. When in the vicinity they asked
for q conference with the colored people,
which was granted and took place-Colum-
bus c. Nash speaking for the vhite>men,
and Levin alien, q colsred man. 1oc h's
side. Nash demanded that tho colOred
men should give up their arms and yield
possession of the courthouse. This demand
was not acceded to by the eelored rnen,
and thirty minutes were given them to
remove their women and children. The
oolore1 inen took refuge behind their
earthwork near the courthouse. and
at about ten, eleven of twelve o'clock.
a. xariously stated by the Witnesses,
small piece Of artillery mounted on wheels,
which, with their small arms. was used
against she colOre6 men. who responded
with their shotgunS and Enfield riheR; OF
the latter they had about = dozen. 4
| change in the position of their gun made by
| the white men gave them an entilading fire
ON the blacks, which demoraliEed them, and
] their line broke. 4 portion OF them, leav-
ing their arms, fled down the Red river IN
| tho direction o3 stfiv Of woods. at
Cuny's Point, and were followed
} BIZ mounted and armed whites, bv
1 whom many OF them were Oyertaken
| and shot 70 death. The others, sixty or
| seventy in number. took refuge IN the
courthouse. This was surrounded by the
! white men and the small gun was brought
to bear upon it. one OF it's shots going IN
J one OF the windows and out Of the other. a
! rambling fire Of email arms was kept up by
! the whites upon the windows of the court
| house, which was occasionally responded to
( by tbs blacks inside, without damage, how
| ever. t. either party. The whites,
after keeping tip tor short time
I an nhavailine fire upon the court
I house. by approaching 1t upon . side
! which lad no openings for windows or
! doors, set fire to the building by a torch
! applied to the roof. The roof was soon in
! flames, and the occupants Of the building
! became alarmed. One held out the leaf OF
! n book and the other tore Off bis shirt sleeve
and hung it upon q stick as sigh ofcapitn
I iation. and shouted that they surrendered
! They were ordered to drop their arms. At
! this point there is matter Of dispute De-
! tween the prosecution and defense. James
! Z. Uadnot and one Harris. on che
! part Of the whites. approached the
! courthouse and, es claimed by the de-
| fense, had white flag upon a pole. AS they
I came near the door they fell. both rnortally
| wounded. The defense insists shat while
bearing the white flag tSey were shot
| it's witnesses say chat when Hadnot was
] approaching, the blacks. having thrown
| down their arms, started 10 come out from
The burning courthouse and were met by d
! yolley Of shots from the whites, which, be.
! sides killing many Of fh6 cGlOfet men,
struck down II Hadnot and Harris. However,
I this maY be, q number of uNarined blacks
who came out troh, che courthouse were
shot dead. and Others we're wounded.
Among the killed was Alexander 1illman,
one OF the cOlorei men named ID the
) Indictment. Most of those who were not
killei were taken prisoners. Fifteen or
sixteen of the blacks had lifted the boards
and taken refuge under the floor OF the
courthouse. They were all captured. About
thirty seven men were taken prisoners.
The pumbes L. not definitely fixed. They
| were kept under guard until dark. They
were then led out two by two and shot.
| Most Of the men were shot to death. A tew
| we're wounded. no. mogtally, and BY pre-
Itending ~ be dead. were 3tterward during
the nigh. able 10 make their escape.
Among them was this Levi Nelson named Ia
| the indictment.
The dead bodies Of the negroes killed in
| this affair were LET: unburied until Tuesday.
! April Is. when they were buried by deputy
| marshal and an officer OF the militia from
New Orleans. These persons found fifty'
nine dead bodies. They showed pistol shot
! wounds. tho great majority in the head and
] most Of them in the back of the head. IN
| addition to the fifty-nine dead bodies found,
some charred remains OF dead bodies we're
| discovered near the courthouse. Six dead
! bodies were found under warehouse. all
ehot in the bead, but QUE Or TWO which vese
shot IN the breast.
The only white men Injured from tie be,
| ginning Of these troubles TO their close were
! Hadnot and Harris. The courthouse and
! its contents were entirely consumed.
There is no evidence that any one in the
| crowd of whites bore any lawful warrant
for the arrest of any Of the blacks. There
ia no evidence that either Nash OF taZabat
! after the affair eves demanded their offices
to which they had set up claim, hut Regis
ter continued to act as psrish Judge. and
| Shaw as sheriff.
These are facts in shis case as / nndes
| stand them to be admitted.
( If these facts are conceded. or If you Ind
I them upon the evidence 10 be srue. youy
range OF inquiry will be much narrowed.
| Now turn sour attention 70 the points
already stated necessary 80 be proven ia
establish this indictment.
First. the prosecution mus. show band
ing or conspiring together OF two or more
OF course unless two are shown to bt
! guilty there can be no convictions; but b
the proof shows that one OF mOrs OF the
prisoners on trial banded or conspried with
one oy more of the other parties included IL
the indictment, and not on trial. OF with
one or more of the others on trial, tha1
would be sufficient proof of conspiracy
J 70 conspire is for two or more persons Il
/ agree together to do an unlawful act The
| evidence in proof Of a conspiracy will gen
! orally. from the nature Of the case, be cir
cumstantiak Though the common design II
theessence of the charge. it is not necessary
to prove that the defendants came together
and actually agreed. in terms, to have thai
design and to pursue IL by common means
! II it be proved that tho prisoners pursued
by their acts the same object. often by tht
same means, one performing Ons part anC
another another part Of the same. 80 as tt
} complete it. with sic \ to the attainment
of the same object. you will be Justified il
the conclusion that they were sngaged IN {
} conspiracy to effect that object.
If the prisoners ennspire6 together. wifi
the intent laid in the Indictment that com
I petes the oifense charged in the rsteixteer
counts, even though the conspiracy wa.
l fnllp uCaI hv n act carry IL lUb0 gutCYn
To band is defined t. be 'to associate. &
unite" Thus we read in the acts of thu
Apostles that s'certain of the jews banded
[ tnnathar, - Their nurnnaa WaH to klll paul