Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-06-07

sible that some may have supposed
that the whole object Of the asseInbisge
Was to suppress u riot and preserve the
peacs. Others who were In fact the
conspirstors may have taken the aa-
vantage of the occasion 70 carry their
unlawful purposes into effect. 'Wheth-
er this Is so or not is for you to deter
mine, and in order that justice may be
done and the guilty punished, while
the innocent escape, the law permits
you to so frame your verdict as TO ac-
complish that end. 1t may 6e, first,
guilty as to all upon all the counts;
second, not guilty us to some 'HpUn all
counts; third guilty as to some upon all
counts, and not guilty rs to 0thers;
fourth, guilty as to some upon one or
more ofthe counts, and not guilty as to
others. as 17ls5 " - ll'ss .
THE POLITICAL ASPECT.
The burden of proof Is upon the gov
ernment. 1t is wise maxim of law
in favor of defendants liberty, that
every man is presumed to be innocent
till he is proven guilty, and this pre-.
sumption is to continue with you sit
ting as jurors until it has been over
come by testimony beyond reason
able doubt, but reasonable doubt is
something more than captious doubt,
q mere vague notion that possibly the
accused are innocent. 1t must be a
doubt for which reason may be as
signed. 1t has been argaed before you
that this is a political trial, and that
the prosecution has been instituted and
carried on for political purposes alone.
Such an argument should have no in
fuenee with you. The case to you and
to the court also is political only in the
sense that it grows out OF an alleged
Offense against the political rights of q
of q citizen of the United States secured
to him by the national constitution. a
The a number Ct citizens of the
| United States had been killed there
can be no question: but that is moi
enough to Cause the government of the
United States to Interfere for their pro
lection. Under the constitution thai
when an unlawful combination is madt
to interfere with any Of the rights o.
national citizens, secured by the ma
tiOHal constitution, then an Ofiense j.
lcommitted against the laws of tn;
United States, and ii is not only righ
but the absolute duty of The nations
y government to interfere and afford +,
its citizens that projections W hieh every
good government is bound to give
This Case, as alleged in this indictment
!. is such y case, and You as citizens ar,
bound to lift yourselves above politics
feeling and render your verdict regard
iess of popular clamor or partisan ex
element. 81 lie aa-----a1 t-aEs -..
The statute which is to-day invoke et
for the punishment Of ali offense agains
cQlored man may Tomorrow be u@et
for the protection of u white man. Al
. citizens OF the United States, whethe
5 they be white or black, are includes
within its provisions ns'fi1.a}s.i as
: You have, gentlemen, a solemnadut,
T to perform, aud the case il. COMMITTED
to your most careful consideration.
The case was then to the jury. Th
: jury disagree and are discharged. ~
II CHARLEsTON, s. c., June 2.-Cbie
: Justice Waite last evening suInmone
: the jury in the E,lIenton eases int
Court. and found on interrogating then
E thst they could only agree upon yer
7 dict in the case of one of the eleve
e persons charged with conspiracy. Thi
? was Abner w. Atkinson, man owe
r so years old, who was acquitted. Th
4 Judge then discharged the jury and th
: ten remaining prisoners were release
: upon giving bonds for their appearanc
e at the next term of Court., Course
!; think it unlikely that these cases wi
'-fever again be fried. 1t is now know
81 that the jury stood six to six on th
d questionsof general acquittai, the 'si
\ whites being for oandathe 1sik.s black
y against The black jurymep, howeve
Ell convieting two Of The he accused and M
|. Equitting all the fsst, but TO this ,th