The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-06-02
South Carolina.
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South Caroline.
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JUDGE YATES CHARGE TO THE JURY.
CHARLESTON. s. c., June lat the
opening OF the United States Court this
morning Chief-Justice Waite charged the
jury In the Ellenton conspiracy case at con-
siderable length. AfterexplaiBing the ma
ture OF the charges contained in the several
counts and the statute alleged 10 have been
violated, he said the controlling element IN
the offence charged in the fourth and fifth
counts is the race or color Of Bush. II is not
enough that the defendants may have con-
spired against him on account OF his politi-
cal opinions, or on account OF his support
or advocacy OF any political party that is
not q crime or which they are IN these
counts accused. In the second and third
counts such it is in effect; but in the fourth
and fifth it is not. To convict under the
latter counts it must appear that the ob1ect
OF the defendants in their unlawful COM
bination was to interfere with his right
and privilege OF voting on account OF bis
race or color without regard to his political
belief or association.
AS it appears from the evidence that Bush
was killed on the 18th OF September last, 1t
follows that you must find that the consPi-
racy against him, whatever may have been
its character, was formed on or before That
day. It has not been attempted on the part
OF the defence to contradict the evidence
offered by the Government to prove that
Bush was a colored man, or that ne was q
citizen Of the United States, or lawfully
qualified voter of Aiken county, or men,
Der Of the political party which on or about
the 18th OF September last put Smalls in
nomination for election as member Of Con-
-gress for the congressional district in which
Aiken county is situated. 1t is not proba-
BILE, therefore, that you will have any diff
Guilty in arriving at conclusion upon
these preliminary questions. The real
controversy before you is as to the
existence OF the alleged conspiracy. It
is to this point that the evidence to which
YOU have been listening for so many days
has been directed; and here it is proper to
say in the outset that the defendants are not
tried for the killing Of Bush. or for any
other of the numerous homieides that were
committed during the disturbances which
followed the alleged attack by two negroes
upon Mrs. Harley and her little son, near
Silverton, on the morning OF Friday the
18th Of September. The shocking details
of these transactions, which have been
given in evidence, are only to be considered
by you with reference to their bearing upon
the existence OF the alleged conspiracy to
prevent by force, intimidation, or threats
the support and advocacy by Bush OF the
election Of Smalls, or to intimidate him on
account of his race or color in the free eX-
ercise Of his right to vote.
However much you deprecate the acts
which have been described by the witnesses,
the punishment Of those guilty OF them has
been committed by the law to other courts
than this. Power for that purpose ex-
lists in the Government OF the State, and
under our political system the courts OF that
Government can alone be resorted to for the
trial and conviction Of such offenders. But
the acts themselves are proper subjects for
your consideration so far as they legitimate
~ tend to prove the crime charged in this
indictment, and which has been made an Of
fence against the laws OF the United States.
1t is not for you to consider whether these
laws are wise or unWise; that was
the duty OF Congress when it passed
them, and having been passed, neither
you nor the Court have at this time
ANYTHING else to do but to see that they
are properly enforced. Their object is
to protect the citizens OF the United States
in the lawful enjoyment OF rights which
have been secured to them by the Constitu-
ton and laws of the United States; and
while in this case they have been resorted
to on account OF the alleged violation by
white men of the privileges OF cOlored men,
they are equally open to the whites against
the blacks, should occasion ever require.
So far from arraying race against race, this
object is to prevent such calamity. Mel
ther are. you to inquire at whose instance
the indictment has been found or trial had.
Equally unimportant is it to you, or to us,
whether the State or its officers have been
unable or unwilling to punish offences
against its own laws; to bring to judgment
in its own courts the violators OF its own
peace. 1t is enough for us that the Govern
ment OF the United States has seen it tit
through its own appropriate department to
bring this case here for judicial inVestiga-
ton. 49,
On the part OF the defendants it is claim
ed that at the com mencement Of the unfor-
tunate occurrence, which is in evidence,
they were acting as officers OF the law for
the arrest and punishment OF the two me-
groes who made the attack upon Mr.. Har-
ley, and afterwards for the suppression OF
a riot, which arose out OF an attempt by
the colored people in that vicinity to resist
them in the performance OF their duties.
1t is claimed on the part OF the Govern
ment that the process OF the law was used
only rs preteXt, and that the real purpose
OF the parties was to carry into effect con-
spiracy which had already been formed by
them, or some OF them, against Bush. This
is the precise question which you are called
upon to determine, and you are compelled
to determine upon circumstantial evidence
alone. That kind OF evidence, il full and
complete, is as convincing as that which is
called direct; but to warrant conviction
upon such evidence at once, the circum-
stances proven must not only be consistent
with the theory Of the guilt Of the defend
ants, but they must be entirely consistent
with any other rational conclusion. To con-
Wet under this indictment it is not necessa-
ry to find that the conspiracy charged was
formed against Bush alone. I'll
1t is sufficient. II it is made to appear to
your satisfaction that he was included
among the persons actually: conspired
against. Neither is it necessary that he
should have been mentioned by name in the
agreement-a mutual understanding OF the
pconspiraters. 1t is sufficient il you find
that the conspiracy was formed against Z
class which included him, and that in the
execution of the common purpose it was
actually carried into effect against him
Each member of conspiracy is responsible
personally for the acts OF every member
thereof done in furtherance OF its illega
purposes, whether he be himself present Of
not. It follows that the acts under The
declarations OF one OF the conspirators
while actually engaged in giving effect to TIT
common purpose, may be given in eyidenc.
against his conspirators having common
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