The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-06-02

,u,,p .yy,TrcF UfTTE'S RFh ihhS IN
'"'' ,U ,HgINo THE MiNhD JURY
,,,,. of,be Charge. and the hurden "f
IN. -, u.ci,rInp that II l. Not FohticM
r.,.,, Kr.iting the Facts In Brief Every
.,., ,r ,be conspiracy Hcsp"nsihie.


-, tt..i,tnx the Facts In Brief Every
.,.,,b,r Of the conspiracy Hcsp""""'e'
r,,,ptt4roS. June /. At the opening ol
r,,t.I States Court this morning Chici
-, Vtie charged the Jury in the Eil'nion
'D.,.,. I'D, ,.,-... at cons -il, rallr length. Alter
'lsi,tn, the nature oi the charg' = contained
.N,.s..,..r,,l counts and tho statute alleged 10
'...h.,n , ,i,lated. he said the controlling clc-
attn thr offence charged in the fourth ana
s.h e,ulrs is the race or color OF Bush.
:, ia moi enough that the dcirnlants may
.,~ee,n,rircd against him on account OF his
,,,.sl ,rininns or on account Of his support
,, s1,ost.y of any political party. for thW ls
s,,h, crime Of which they are in these counts
.,used In the second and thifd counts such
:. en..t. the charge; hut in the fourth and
enh II Isnoi Toconvit under the latter counts
a r,u-t apuoAr that the object Of the defendants
IN their un.Awlul combination was tO interfere
win his right and privilege of voting ON ao-
count of bis race or color. without regard tn hi-
,,ltinl belief or associate on. As 1t appears
,,om the evidence that Bush was killed on the
,sth of September last. it follows tnat
you must ind that tho conspiracy
,,ain.t him. whatever may have been
~ churao ter. was formed on or before thnt
hy. Il has not been attempted on the part Of
u.defoncc to contradict the evidence offered
hthc Government to prove that Bush WAS
rored man or that he WIS citizen of the
Tnlted States or a lawfully qualified voter
d Aiken county. or member OF the
,oltiu party which. on or about the
18Th of September last. put Smalls in
,omir..i on for reelection as a member OF Con-
sress for the Congressional district in which
Iken county is situated. 1t is not probable.
4 . t....It ,,,
arriving AZ a conclusion upon these preliminary
questions. The roal controversy before you Is
n,o the cx stcnce Of the alleged conspiracy 1t
rothis point that the evidence to which you
have been listening with such attention for So
many da,s has been principally dire ted. and
ter-t !, proper to say in the outset that the de-
tnlani- are not on trial for the killing Of Bush.
cr for any other Of tho numerous homicdrs
Tat were committed during the distur-
hnes which followed the alleged at
TAX by two negroes upon Mrs. llar-
ly and her little son near sllverton
ta the morning of Friday. the 18th of Scptem-
l.f The shocking details OF these transHc-
tons VIII 10 hay" been given ~ evidence, arr
cny % i.' considered hy you with rrierrn'e 10
teir bearing upon the eN.Strn'r of tn alleged
tOnspliuy 90 prey mt hN ior"~. intlniiitiun, or
traat- ia' -upport ANA adNocary by Bush -
te e.. ;" % 30 Smalis. or To- intihiiHt- hiul
"a AaN4Nt Of his race or color in the
free eyer. -e " his right 10 vote. However
nu'h sNu may deprecate the 90 II which hAV"
k-,o l.s rI',.l hy tn Witnesses the puuis ntneut
ofthu,a .Iilt, uf them has been connitt-l ~
u" laW tl 1.i Courts tnun thiS. TIE power
he Sf.,t, ana un,i,.r our r1ntiral system. th,,
courts II tllM Gorrrnmrnt can alone
i~ re'orisi to- Tor 'he tr,ni ana
t.y.s Ar~ ur1ner suhl,,.f- Tor vour Donsid,rn-
ton 50 FAR a. they lr.lt.mat,ly tend to NOV.
The RIM -larscd in th.- Indictment and which
an ~ fl.aI I.t.s
turrI >f'.- II Is not for you tp .aus A r.
whether 'Ar-e laws ura w.-r or unws,; that
them: am having been passed neither you nor
Ae C1ur' hAv. al tins TIM aiythin.. else 10 DO
but to -,.. THAI they are properly enforced
Their olg"t IS 20 pro'- I the citizens 81 the
United States in the lawful enjoyment Of rights
tai'h hay- been secured l. them hy the Com
yigt un and laws Of the United States: and
Will" IN thus case they have been resorted TO
I'd account % the alleged violation by white
r-n uf the privileges Of rolored mon. they
So cluuliy oprn g. the whites against tn
sh-. Should oc'as.on ever ielulrr. 80 iar
m array ng rae against rnrr, their object is
prevent such calamity. Neither are you 10
lmire at whose insiantr the Indictment hns
IN iouni or the trih hnd. Equally unim-
rali is 10 you or L. US whether the state. or
"a oiA rf- nave been unable or unwilling
pan 7h O1'hces against lis own laws or 10
tfAS l' Judgment ia us own 'uurts the Nlo-
Ail, . is own peace. u j. c. .9ush icr US that
r. N't'fninent Oi the Jhitrd states has seen
Nuf'l-l iis own hppropriHte departments 10
.'lS tl' as, mere pI lu ilHlhi invest Eatlol on
a-pH ihr rd.irniants. II Is laimed tnat At the
"lh' 'iNeht OF inc unfortunate occurrences
sI nt ~ rNldrnce tn-y were hctihE as Om-
! Vt ID. iN' Jaw lDr tnH hIIfsl anu punishment
vwr' r'w' negroes VINO made the attack upon
~ hfi f} ana alirrWhru lpr tl- sHIpT, s. on
at3 "". ~ ar2sr ,, Guy oi an attempt py ne
pNr lr''l" IN uiat Nlchlty 10 r',sist them II!
u- Y'G fnane u their duties. II Is claimed
VI Nf Pitl OF tlr bpNcIhhirnt ulat thc
usf's i' thr Jaw was used ony as a
.''rAl Hi 'ilht tl,s rchl purpose oi TIE parties
NsN erF iltJ eHst conspiracy what hud