The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1875-09-08
Judge Johnson's Charge in the Trial
of the Georgia Insurrectionists.

uuSO uUuuoou OudASO III 0Ao 3A1oA
of the Georgia Insurrectionists.
The charge, of Judge Hcrschell Y.
Johnson to the grand jury, in the trial
of the Washington County rioters, is an
admirable document, presenting a full
and exhaustive review Of the principles
of law applicable to the case, and urg-
ing their enforcement, calmly and i'm
partially, according to the strictest stand
ard of even-handed justice. The Judge
is one of the foremost men of Georgia,
and it is we'll that the trial of the rioters
has come before one who has the capac-
ity to know the right and the firmncSs
to enforce it.
After defining insurrection under the
Georgia Code to be "any combined re-
sistance to the lawful authority of the
State" he tells the jury that whilst they
must not find a true bill upon mere sus-
picion or mere rumor or hearsay testi-
mony, still they were not to try the case,
and hence to require positive and incon-
trovertible proof of guilt, but only
enough to make out prinao facic case,
which would satisfy their consciences
and judgments that the accused, accord
ing to the evidence, were guilty.
The statement of the law is given so
clearly, and is so applicable to all cases
coming before grand juries, that we
make the following extract
"In my judgment the safe and true
rule is this: Suppose you were petty
Jury trying the defendant, If the evil
dence before you as q grand jury be such
that if unexplained or uncontradlcted,
YOU would find him guilty, then you
Should find true bill. TO this, as we'll
as to all other questions, three kinds of
evidence are applicable, to wit: direct,
circumstantial and presumptlve. Direct
evidence is that which Immediately
points to the question in issue. Circum-
stantal evidence is that which only
tends to establish the issue by proof OF
various facts, sustained by their consls-
tency with the hypothesis claimed.
Presumptive evidence consists or INFER
ences drawn by human experience from
the connection of cause aud effect anu
observation of human conduct. In ap-
plving these various kinds Of testimony
to cases before you, you should hrst de-
ter,nine whether there is sufficient di-
rect evidence if unexplained and un-
contradictcd to show that the accused Is
guilty. If so, find true bill," or if
there be no direct evidence or if any,
not enough, enquire whether there have
been facts proved which, by their con-
sistency with the hypothesis Of guilt,
tend to establish the guilt Of the accused
and satisfy your consciences and .judg-
meuts that according to such evidence,
uncontradicted and unexplained, he is
guilty. If so, you should find true
bill.n Or if there be no direct evidence,
not enough in connection with the cir
10 make out a case of guilt,
then enquire whether from all the evil
denve, both direct and circunIstantiai,
the necessary differences drawn from
human experience from the connection
of cause and effect and the observation
of human conduct, uncontradirtcd and
unexplained, you are satisfied Of The
guilt of the accused. II so, you should
find Il "true bill." On the other hand,
if neither the direct, nor the circunlstan-
tial, nor the presumptivc, separately
nor all these three kinds of
evidence combined, be sufficient to sat
isfy your conscienccs and Judgments of
the guilt of the accused, 1t will be your
duty to return "no bill"
He cautions them against giving way
to the passions which naturally. arise in
the contemplation Of scheme Of whole
sale, indiscriIninate and secret murder,
add urges tliew to lay aside all consider
ations of race, and extend to the accused
q fair and impartial trial-to keep aloofI
from the influence of those extreme men
who would advocate summary punish
ment without regard to the principles or
forms Of law, us well as Of those censors
who look upon the whole affair rs 4
scheme Of bad lnen, to cmbroil both
races. He SAYS
at is of the utmost Importance that
we adhere to the law-fUllow the law-
conform to the forms and principles of
law. The Law is our shcct-anchOr. Its
is to protect property, life anu
liberty. IT guards with flaming sword
the hovel as well as the palace, and
throws its msis over the poor and the
weak as we'll as the rich aud mighty.
law, anarchy and revolution
must reign, and society rccede to the
darknest and cruelty of burbarism. Its
must be recognized and
and this implies, not only
its enforcement when violated, but also,
a cheerful obedience to it by all. Vol
uLtary obedience to wholesome laws is
the very essence OF liberty and the most
distinguishing characteristic Of a good
citizen their firm and impartial enforce
ment, when violated by fine ard intelli-
gent judiciary is the very essence of
good government. Then Gowing before
the MA ajcsty OF the law. let us hold the
scales OF justice with steady hand and
purpose"