New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-01
JUDGE EvvONSS CHARGE.

OCDUE EhhONp tHfHuE'
The prosecution of Smoot Oman, Mcifert,
and Han for conspiracy which was recently
brought to close after nearly months trial
in Kentucky, is / likely to be regarded III
future as among the most important of the
processes which arose from the troubled state
of society after the war in the South. The
blOOdshcd and disorders which were the oc-
casiOn of the trial, and which kept the County
of Owen in turmoil for several years, were
typical of similar disturbances throughout the
Southern States brought about by the re-
ciprocal distrust and hatred existing between
the agents of the Government ana the law
less and violent portion OF the inhabitants
among whom their sphere of duty lay. This
mutual i'll will and this suspicion were
most fruitful source of bloodshed and dis
ORDER and by that strange peycrslOn OF
The logical faculties so common III civil wars,
they were held rs IL sort of justification OF the
crimes which they melted The length of this
triad. its nOt0riety, and the general interest cS-
cited by ii in the public mind, have rendered
it important, and tho conviction of the three
cOnspiIatOrs cannot but exert wholesome III
hucncc in the region where their lawlessneSs
mas been hitherto regarded TOO much in the
worst as rather too violent patismship. When
men 50 to the penitenliaiy for their ruitiansm,
after an obviously fair trial. it is impossible
that their laurels con keep all their freshness
and bloom even among the most illi,erato and
laWlcSs of their followers and associates.
But what will render this trial most import
ant in future is the charge of Judge Emmons
to the jury in the Circuit Court. If political
committees were 40 anxious as they pretcS
TO circulate only those documents which VIII
enlighten the people and promote the general
welfare. they would combine without distinc-
ton OF party to spread this admirable charge
all over the disturbed sections of the South
crn States. The keenness and fairness with
which Judge Emmons reviews the testimony
in the case is sufficient guarantee both OF
his ability and bis impartiality, and the prin-
ciplcs which he lays down for the guidance Of
the jury in determining the guilt of the men
accused of conspiracy ought to he instillcd
into The minds of the entire rising generation
# the South Especially should the Conscrya-
lives of that section, who are manfully stIiy
ing to regain their fair share in their
own government by lawful and honora-
bic means. see to it that the spirit of
this charge be embodied in their own
addresses and public utterances Judge Emmons,
referring to the public feeling and private
,rndccs against Russell the murdered Federal
Official sweeps away with word all the
sophistry so common in these cases. The
"reasons and motives" he says, "are imma
"terial. II it was because he was Federal
"oflcer, or because he was endeay0ring to
execute a law which was Odious, or was at
"tcmpting 10 arrest friends whom they desired
"to protect or for any other reason, their
"actions would be alike unlawful The statute
demands thai wnile the officer is employed
"oHicaly the law,css citizcn shall cease to
"gratly his private hate against him by
violence. Ancient feuds and social q:arIclS
"bctwcen some OF these alleged conspirators
"and Ru5scl, or portions Of his posse, CON
"stitute no Justification for an attack upon a
"Fedcral officer while in execution of criminal
"pr,ccss. IL tends, on the contrary, to prove
ga condition Of feeling and hostility, which We
shall submit hereafter to your consideration
Gas some evidence Chat these particular de
PENDANTS did the acts charged in the indict
"mcnt"
He repeats several times this reference to
" tho unlawful and impolitic doctrine Of moral
reliance Of counsel defending clients charged
with those crimes which are popularity en-
braced under the general name of Ku-kluxing.
If a marshal or deputy is mobbed, II is usually
said that there was no political motive at the
bottom of it, but that the rioters hasl some
long-standing quarrel with him or with some
of his posse. Judge EmmOns makes all proof
of this state of things merely cOnfrmatory
evidence of conspiracy. IN the case in hand
there had been murders and assassinati0ns on
both sides; he sets them forth with great
clearness, and then concludes that ii is wholly
immatcrial, so far as the crime of the accused
persons is concerned, whether their deceased
friend was wantonly murdered or was killed
in necessary sclf-dcfcnse. OF course this is
elementary law and justice, but it seems to
have been lost sight of in certain regions of
Kentucky, and needed to be set forth again as
strongly and simply as Judge Emmons has
done it.
The Nervousness of the crime Of conspiracy
in this country above all others, arises from
that infinite subdivision Of political power
which in States like Kentucky, for instance
renders a remote little ncighborhood an abso-
! Lutte sovereignty so far as the prevention and
! punishment of crime are concerned AT a time
of general public excitement aud suspicion, a
lawless spirit may so pervade rural COM
munity that it will be impossible for the Off
Ger. Of the law TO fulfill their duties, oven if