Wilmington journal., 1876-01-21

them if they should commit an error.
In this case, the Judge will charge
that if you believe :he witnesses
the defendant is guilty. He did
did not care whether Moore took the
prisoner out Of jailin order to have him
recognize tie dead man or to touch
his body, either case he was guilty
| The counsel then went into discus
sion OF the duties of jurors.
He had never before seen a case
put to the jury where the Judge had
| said that if he witnesses were to be
| believed that the defendant was guilty,
| but it appeared if there WAS TO be an
| exception here in spite of evidenc ,
and In contempt of law.
Something had been said in regar
to his appearing for the State. He
had a right to do SO, and i'll this instance
he had learned much of the
official delipquiucies aud crimes of
this defendant that had he known OF
them before he would: haye voIun-
teered his services. It was a duty to
the county, to society. to law. to truth
and t. justice to have such ignorance,
such corruption. such villiauy proper
y exposed and punished. It was
wrong. it was shame that such
culprIt should exercise judicial pow
ers III ii CIVILIZED country. for the
evils it entailed could not be told,
He had no feeling IL the matter
further than conscientious perfor-
nance # his duties led him, and SO
far as he had regard for the law.
The counsel were drawing largely
upon supposed sympathy of colored
men for one of their race. But he was
satisfied the jury would do their duty
con~cientiously and honestly, Color
ed men could not afford to aut other
wise III this case. It was just such
men as this 4, fendant who brought
disgrace upon his people. If YOU had
many Bill Mocre's in office in five
years not single negro would be
allowed to vote. Those who were un-
willing to see equal rights conferred
upon the colored men would re-
JOlce to see this man 40 free,
Judge Russell then pictured the
barbarlty of the act, that IN the CONNER
c!al city of the State, an act had been /
committed by a Inap in high authority
which would have disgraced pagan
home Thousand years ago, It not |
only had occurred, but Jury OF in
teiilgent men were called upon to con-
firm it.
Judge Russell made a strong and
impressive appeal to the jury |
to do their duty He believed |
they would. If however he was wrong
let IT go not to the world that in the |
South, We're negroes have been enfran
ch9ed bat fctishisms have been in
II oducei ei-that where the negroes have.
had privileges of citizenship conferred |
upon the.O, barbari~ms exhist, ana |
such as exhist Only on the banks of |
the Niger.
(We do not pretend to give even the
substance of Judge Russells speech.
1t was very fine one)
Mr.. Empie for the defense confined
principally to the legal points
at issue. In his summary his effort
was to show that Moore had acted
only as an honest official and had done
his duty.
His Honor gave brief synopsis of
the evi .lence The prisoner Jackson
was in the custody of the law. and 40
one had a right to take him out of Jail
except to examine or release him. The
prisoner had no will of his own, but
had to obey his custodiaEs, and if he
was taken out agairst his will, for any
other purpose than for an examination
an assault and battery had been COM
nitted.
The magistrate had no right to take
The prisoner out Of Jail for any unlaw-
ful purpose, not even to recognize the
lead body, if he had been guilty of
Of murder. The Sheriff could not
give consent only as the law directs.
You have only to inquire if he was
aiken ont for an unlawful purpose
Ii from the evidence you find that
Jackson wa9 taken out of jail by
Moore's directions for an unlawful
purpose for any other purpose than
or an examination or discharge and
against his will, whether Moore was
present or not. then be- is griIty.
The Judges charge was full and ex-
9licit, and we give but the most mea-
gre synopsis.
The jury r. tired and Ill a short time
'eturned verdict of Guilty" praying
he mercy Of the court.