The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1874-03-25

1AoA
THE Circuit Court met at II A. NJ.
1,dre Woods then read the following
charge:
The indictment is presented against
10 nersons, 9 of whom are on trial
bore: J. B. Hadnot, j. B. Irwin, Donast
1emoine, VIM. Crnikshank, Alfred
lewis, Clement Penn, Prudhomme Le-
moline and Austin Gibbons.
The Indictment Is framed under the
,irtb section of an act Of the United
States of 1868. This section of the act
reads:
nIf two or more persons shall band
iorether with intent to deprive any
,erson of the rights and privileges Civ
on him by the constitution and laws,
he shall be found guilty of felony, and
,npished as the court may order; and
e in the execution of this intent he
shall commit any crime or felony,
he shall be punished as such crime Or
felony is punished by the laws of the
State in which the crime is commit
ted
The prisoners are brought to bar up
On an Indictment containing thirtytwo
counts The first count of the indict-
ment charges that these prisoners, on
the 18th of April, 1873, did teloniously
and Illegally band together unlawfully
TO iniure, Cypress, threaten and intimi-
date Leye Nelson and Alex. Tillman,
with the intent to intimidate them in
the free exercise of their right peacea-
bIy to assemble together.
The next seven counts are the same,
except that they charge different in
tent to the conspiratUrs; that they
were banded together to prevent Mel
son and Tillman from bearing arms,
etc.
The counts 9 to l6 charge that the
prisoners were conspired together; the
counts II to "a that the parties indict-
ed being banded together with the in
tent, ETC., did then and there murder
one Alex. Tillman.
The last eight counts are identical,
charging that the indicted parties were
conspired instead of banded together
in the murder of Tiilman.
The gist of the Indictment is tue in,
tent with which the felonies were com
mitted. The prosecution must show
first. that the accused were banded
and conspiring together; second, will
the intent 10 injure, Cypress aud in
timidate Nelson and Tillman; third
that this intent to Cypress was design
ed to carry out one OF the purposes
speciGed in the indictment. If these
three facts are not found, no matte
how guilty the accused may be of 9th
er crimes, that they are innocent I'M
der this indictment.
There are many facts not disputet
by either side; that Nash was commits
stoned by Warmotb, and exercised thu
duties Of sheriff for some time; tina
Shaw obtained possession Of the court
house and deputized sixteen persons t'
hold it: that armed white men, heade'
by Hadnot, came into Colfax, and tina
the negroes terrified by this and by TIN
murder of Jesse Mckinney, hastene'
to Colfax; and that the white people o
the parish were equally frightened AM
fastened from the parish. After seve
raj skirmishes, a regular battle wa
commenced on Easier Sunday, the ne
groes were defeated, fed into tn
courthouse and were captured by th
whites. The prisoners, some thirt
seven in number, were then MARCHES
out and shot By the whites.
Conspiracy must be shown by tn
prosecution; but to show conspiracy
is not NECESSARY to show any regula
agreement. 1t is sufficient if 1t b
shown that all the conspirators Wer
acting with common purpose.