New-York tribune., 1877-06-01
TIE ELLENTOWN RIOT TRIAL.
ARGUMENT CLOSED IN THE CONSPIRACY cASK-1HE
CHARGE TO BE GIVEN TO THE JURY To-pAf-
rupoRrps OF THE PROSECUTION AND THE DE-

ARGUMENT CLOSED IN THE CONSPIRACY CASK-1HE
CHARGE TO BE GIVEN TO THE JURY TODAY
THEORIES OF THE PROSECUTION AND THE DE-
PFNsR
CHARLESTON, s. c., May 31.-The argument In
the Elenton conspiracy case. in the United states
Court. before ChiefJustice Waite, was closed toen'
and at the opening Of the court tomorrow aNr
charge from the presiding judge the case WI" oe s'o"
TO the jury.
The accused are IL white citizens OF Aiken County,
who are charged under the Enforcement act, WIN
conspiracy to interfere with the poiltlcai r'en's
OF David Bush coored). Some 20 OF ooo
white from the same county nave pce"
arrested and held bail similar charges nut "y
these eleven have been brought to trial as test inc
evidence sdduced the tial both sides shows tHt
ffom Friday sept. Is. 1876. until Thursday, sept H'
1876 in the southwestern portion OF Aiken county,
bordering BaTnwell County and in the neghoo'lpR
part of Baruwel County, number OF acts OF Vloiehco
were committed by both whites and blacks; ana the
people Of both in state of great excitement
especially from Sunday morning to Tuesday noon.
The theory Of tho pros cu;on is that the violent acts
OF the whites In pursuance OF general plan 10 III
rdate colored voters and that the scvora defendants
having at various times and places been more OF ess
connected with bodies OF men, some OF whom comn''''u
these various violent acts themselves respohs'Oei
all Of them: and one Of these acts being the killing OF
David Bush the general conspiracy Inferred from t"a
general acts OF Violence OccOmts :"
special conspiracy against Bush, and the defendants are
as responsible rs it they seyeraly and Jointly had COM
bined for that particular purpose.
The theory OF the defense is that lawful attempt on
the part Of the whites 10 arrest man VINO had assau'eu
n white woman caused resistance and excitement Oh inc
mart OF the backs that the consequent assembling ana
roous c0uduct armed negroes, Their threatening Idh
guage a1G demeanor, and their actual wayayn anu
kIlng Of white men, burning Of property ana wTecRns
Of railroad trains rendered u necessary Tor he Wh
pe0pls to a seibe in seldccnse and whatever acts oi
violence were committed the part of the WHITES grew
naturally out Of the girs OF races thus inauguratc
Thc number Of witnesses examined on either sde mas
been LARGE nd the progress ~ the tfia when mas ccc
picd ;he court continuously since the 15th lnst mas tN
cited much feeling the being treated by the prose
cufion ~ on effort visit deserved punis hment upon
thc d,iib rate ana systematic yoidtrs Of lle Iltci
and al rights OF the blacks, aud by the defense as
poHfc-i %, serutiOu bcn defeated Republican can
djdscs are using the machinery Of justice To graty
lhejr personal feelings and TeKindle the enny be-
tween the races; now almost entirely alaycd. Inc
cb~cc Of Chief ustirc Waite Tomorrow Is looked itf
with a eat interest The jury is c0npoSd OF SIX While
and * cuioe,d men, with George W Williams weathy
Charleston banker, foreman The general e&ecla
j. that they will not be ap.e 10 agree upon verdict