New-York tribune., 1875-09-02


was committed. '. = o i.fl
II . conspiracy WAS acsually fumed bsl;evs that
it was confined to . very few persona Norris, Har-
ria Murkarson, and few Others had mot probably
informed the rank and file of the companies OF their
unlawful intentions. and. presume. even the otl-
GERS of many of the companies still III the dark
IL
JUDGE JOHNSONs CHARGE TO THE JURY
AN EXPOSITION OF THE LAWS OF GEORGIA WHICH
SHOULD GOVERN TIE JURY-THE JURY NOT TO
NE AcTUATED BY REvENGE-THE STATUS OF THE
BLACK RACE THE SANE IN REGARD To RIGHTS
OF TRIAL AS BEFORE TUE WAR
GFRox a STAFF CORRESPONDENT OF THE rRiEUNk.i
SANDERsyILIR, WASHINGTON Co., Ga. Aug. 3O-
The special term of the Circuit Court for tins DIS
trct called for the trial of the coorrd prisoners &C
cused of being engaged in insurTectiOn, or an At
tempt to ncite insurrectior, began here this morn
ing Judge Herschel v. johnson presiding. After
the organization Of the Court the Judge read bus
charge to the Grand Jury. as follows:
FOR WHAT TRUE BILLS MAY DE FOUND.
Mr.. FOREMAN MD GEs-LENLN or THE GRAND JURY
Having been properly advised that diabolical plot of
,n conceived and formed by portion OF The
black for the ndiserminae murder OF the Waite people
OF this and other counties has been detected ana eA
posed that many have been arrested upon the charge
o comtcity with the borrid design have called this
special term, under the S.245l section 81 the Code OF
Georgia for the purpose OF fail insosgation and the
trial OF those against whom, any, bils OF indictment
NAV be found by your body Before enurng upon the
task before you viii snbiut to yon few rcmarSs which
may enable you 10 perform 1t nlel'ig.lay and ~ ihe
Tuper spirit Under code you have Tie nli,on oi
Instruction and the attempt TO inrite 1nsai ec,io.
combined resistance Ia tine lawful authority oi the
Sa.e with intent to the denial hereei wnen tie same
in infested or intended TO he nanest d by acts oi
Violence aud amy atteialt by peisa1snn or otns
w to induce others to e,n in any oon'ea a
attempt to ineito al iasTrecton Under tne al ',n
section OF the Code the p naty lot eief Is nJ
be DEATH unless The jury try ng iae accused ~ @
him To mercy, and then the petalty Is COZ n'reht III nc
years You perceive FROM these diihons that slne
Individual cannoo commit nsCircction The crime from
But one person commit the crime of attempting TO
incite nsiIrecion The task before yon now Is to In
qe diligently into tho matter o: this alleged .nsrrrec-
ton order 10 ascertain ~ whether lcTe has III Ipc',
been any nsrcc,ion. or any attempt ny any eisoh 20
unilc and lj TO indict 10y b!l or present
neni n s,en SONS @ as o nn Mai teon nv will
be yeur duy md bills 10 m2ae picse.iiments
On iIis point let Inc impress ul~nyon - ,r,
acsi st present any one upon ieir s'asit o lou
Seco,sd: That you are not authorized TO find true
bill against present any upon mere rainor or
neafsay testimony.
AMOUNT OF PROOF INQUIRED
The law pTeSumes every Onc to be innocent nniil he is
proven to be gui;y. and the hunbesi 40 well as the
highest ctizou is entitled ~ t1e benefit o this presnl
tion No ono can be put jeopardy of lie or liberty
upon mere suspicion ruln0r or hearsay. Bat wlhc
TINS instruct you you are not to Infer that Ihc law
reaires positive and refrag ge proof OF snilt IN order
Stify you in faDg true bill against or presenting
any for the commission of cIme tHi A. Is mol % Hor
province to try parties ana aee,i9 nh.y d u9n .1tr nv
Jaw upon petit jur. Investigations heoie you are s
p9e yon hear but one side OF the .nd eaGm,ni' c S
the proseoution or inioriner Hesee 1t Is IN
actually actually guilty Or not All you can DO lud whether
from the Testimony before you as GsEi Jury you be-
cyo The accused DC guilty. In tuat easr 1t your
duty to ind true bi or 10 make pcseninent. SO far
from irving parties yourselves il il iOr yoi Ui 10 say
wheuiloi they shalt he rid II the evidei'te idGeed Ie
should ind "tIWe h" make presentiloni, and tns
decide the accused SHAH be pd OH uLu CihTwlsc
you will lind mo biz" which SIMPLY means taat the prt
sumption OF innocence n ayer % thr acF'7'd has o'
bcen removed reDdttcd: flat you Co d. hvIcFe lie -
guilty and, theIcfoe he ii no to be co .oi lac alleged
Xaw as to the nrpou,,t proof peeessary show
pr face OF gnlt can give Oh 10 dea u rule
n"ticn with It's attendant circumstance. i5ni III all
cas- The proof nS be sufficient 10 satisfy your co,
s,lcces and iudgntnis that the aused, az toidng TO
Ihf eyidencs is gully. ON this point uore is quite
conflict anCng the authorities On TIE one nnd d las
of tlc guilt the defendant On tie ytrci hand II mas
been sized that in case toie be tIoD.pc evidence TIC
G,ard Jury should ina the bill because II u i'lt an &c
Isaion and tbe party Is 10 be nt upon his rlal tier
s,.rosa Won w.r. retit Jury trying the defendant; il
he ey i'd nee before Grand Juis be sch ii II
expapcd or I'M radicted you would EnG ll guilty
then Won should find trre bih 10 this, is 10
All otter question:, three kinds OF cvh.ence s.e
anpicable, to wit: direct circiimss.It.;. And pre-
s1Imnntiye. Direct evidence thm winch innc
dlatey points 10 the question IN isSue CTcunst'iiii
cydeo is lha winch oDiy tends 20 establish linz N,te
by proof Of variCl, facts sustained by iicT cJseiccy
with the lay pothesis claimed Prcsnnltte eVd. zee con
sts OF nicTelc drawn by human eAelehce iGJI iiO
connections OF and effect ana oseFviili ms OF M
nan condct. in applying these various En'.s oi tes
nOny eases before yOu You shoiiiu H3sl cctoIl'9
w;etner there sufficient direct evidence II
aud unconIadiccd TO $40" tt & iire acouseu M @ a. eaH
| Ii find q trae Dill or, II th're pc no aIc't eN
dence on j! any MOI enough, inquire whether there Lave
been facts lIeVed whGn py intr eoh1ssney WIN ,he
hypothesis Ui g iehd 10 c' abI-sA t e.iiiI "a Ae a.
cl ed, satisfy yoar coiscietes and ut5ets thai
planned nc is guilty II 80, you Should mud "une
bin." Or if there be no direct eyllsnce mo-
To make out u OF giut then ihqulre wiet bor
from all the evidence both direct and cTonmsan!ial,
from connection of and effect. and the observations
Of human conduct, unconlradcted and nnexlan q, yOa
sbed ie 5s'if ina :" true & On the other nanl if ncer
The direct the circsmstan,ia nor the prcsumbve,
separated, considered al these tIoe fiad- OF cv
cnce combined nc subceL to isiy your cODsclenccs
oa s @ T5y To- re,rn S pii You lave All served as
Grand Jurors before this. and you have been Instructed
by the charge the Court as 10 your duties Hence,
wna; nave said may be unnecessary. but in view Of
hc gravity al tus occa ,ioD ana bong animated with an
esrlcsi axiey for you to do what right felt con
order that you nigh; proceed lnderst'ndngly
TIE TENT. PROPER 10 THIS INQUIRY.
And now. gentlemen. 1 will submit to you few
remarks in relation to the spirit and temper IN which
YOU should conduct yenr yessaDDs. The pAraseeogy
OF The ua d you have just taken pregnant with instruc
tons. Yoa Lave sworn taat you VIII not present any
one from envy, hatred, malice, Dor leave any one
uunresented from fcal favor, reward, the hope
thereof but that you will present all things truly they
conc 10 Your knowledge. This applies well u your
nnngs upon indictments 10 prcsentmenis made Oh
ycr own mere nurion. TINS language addresses your
moral sense and binds your eonsceices TO the throne OF
eternal Justice while 10y il call upon the supreme
BENZ 20 the solemn obligations INTO wLch you
faye entered. Tten the spirIJ that should animate
YOU is l4at of strict i!nparai:y and fearlessiess
Ordinarily this adinonifion would perhaps be unneces
gary But the crcumst which have brought ms to-
ceT are wei calculated 10 excite the indignation OF the
most prudent ana self possessed impossible to con