New-York tribune., 1877-06-02

violence which are relied upon evidence OF the co,.
spraey in this case were o,nmitted may not been
eOnspiratOrs. It IL possible that some NAV bays
supposed that the whole object Of the assem'
mage was TO suppress riot and preserve
consprators may have taken advantage OF the occasion
10 carry their unlawful purposes INTO effect. Whether
this or not Is for yOu TO determine and n rde,
that justice may be done aud the guilty punished whIs
the innocent escape, the law permits yOu frams
your verdict as 10 accomplish that end II be- HrSt
guilty as 10 all upon all The counts" second. not
guilty to all upon all the cOunfs" third guilty A. Ia
some uTon all The counts" and not guilty olherss
fourth guilty as to some upon one or moro OF The
counts and " not guilty A. 70 the others"
INDIVIDUAL RESPONSIBILITY or JURYagN
The burden OF proof, gentlemen, is upon the Govern,
ment IL Is maxim Of toe law in favor Of life and lb
erty that every presumed to he innocent until h.
s proven guilty. and this presumption Is to contpu.
with yon sitting jurors until has been overcome b,
the testimony beyond reasonable dou but reason
able doubt r. something than a captious doubt .
mere vague notion that possibly the accused may H
nocent. It must be a doubt for which a reason NAV n
assigned II need not be reason sufficient 10 cOny nee
another IL must be such as may properly Influence the
mind OF one who Is honestly eBdcayofng D. perform L
solemn duty as juror And now, IN conclusion gentle
men, we say to you that botn the Government and
the defendants tiled TO the nde pendent lnent
of each OF you upon the issues presented for your
consideration IL is sometimes thecase that jurors azree
that the vote of majority, some other number lea
than the whole snail be adopted a. The verdict 10
turned Such an arrangement Is not IN accordance with
the requirements OF the law. Each VI you must ind be
verdict he agrees 70 upon ms own oath, ana las
the right 10 SHIFT the responsibility Of bis final elton
fellows. You may convinced By his reasOns bnt yon
ought put yourself IN position TO become bOunt
mia personal vote. IL duty To consult together
ompare your recoectOns Of the testimony. con
slider carefully among yourselves the bearing. ID has
upon the facts bc established and 10 baFmOnize your
views, II possible; bat your verdict should be In ac.
cordance with your own deliberate Judgment
POLITICAL CONSIDERATIONS TO HAVE 40 WEIGHT.
A single word more. 10 has been argued before you
that this is political trial. and that the prosecution has
been Instituted and carried for political purposes
alone. Such arguments, gentlemen should have 10 in
duence With YOU The 10 you and 10 the court also
is political only in the That IL grows out OF al.
legged ornsc .iHst the political ghts ~ cit ~
United states secured tD him by the National COn.t
tuition. Iha number OF citizens OF the United
have been killed. there bo no question; bat that ls
not enough bile the Government Of he Uuiled Sties
i uterere for their protection Under the Constitution
that duty belongs the STATE aODc but wien
rl combination Il made to interfere wtu any " TIE
rights OF national citizenship secured tOcZ ns OF the
United Staas by tie National onstltutlOu, then Of
frusc committed against the laws Oi The United states
and In II not only the right but the absolute dut OF the
zrns that protection which every good government
bound to give. The ease, as alleged in tais
Indictment, Is such care, ana You ~ clliz'ns
are bound to INT yourselves HDoNe the political
arena and render your verdict regardless Of popular
clamOr partisan excitement. The statute which !s To-
coOTed man may tomorrow he used for The protection
Of q white man. All citizens Of tue United states,
whether tey bee white Ollcb, are included Nlhm its
provisions. Y0u have, Gentlemen, a solemn ana lnpor
tan duty perform and tne care IS committed IL your
most careful consideration.
The case tlcn given to tho jury, VINO have been
all day. Few anticipate that they Will agree upons
verdict