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

ELLENTON CONSPIRACY.
Charge of Chief Justice Waite
to the Jury.
The Law and the Evidence In the
Case.
CHARLESTON, 8. c., June 1.-At the
opening of the United States Court
this morning, Chief Justice Waite
charged the Jury in the Elienton con-
spiracy cases at considerable length.
After explaining the nature Of the
charges contained in the several counts,
and the statute said to have been vio-
lated, he said the controlling element
in the offense charged in the fourth and
fifth counts is the race or color Of Bush.
1t is not enough that defendants may
have cOnspired against him on account
of his support or advocacy Of any po-
litical party, for that Is not q crime OF
which they are in these counts accu-
sed. In the ID and third counts such
is in effect the charge, but in the fourth
and fifth it is not. To convict under
the latter counts il must appear that
the object of the defendants in their
unlawful combination was to interiors
with bis right and privilege OF voting
on account of bis race or color, without
regard to his political belief or assOcia-
ton.
1t appears from the evidence that
Bush was killed on the 18th OF Sep
tember last. 1t follows that you must
find that the conspiracy against him,
whatever may have been its character,
" as formed on or before that day. II
has not been attempted, on the part Ol
tthe defense, tu contiadict the evidence
offered by the government to prove
that Bush was a colOred man, or tina,
he was citizen of the United States,
or lawfully qualified voter of Akin
lcounty, or q member of a political par.
| ty which, on or about the 18th of Sep
tember last, put Smalls in nomination
for election as q member of Congress
for the Congressional district in which
Akin county is situated. 1t Is mo-
probable, therefore, that you will have
any difficulty in arriving at y cOnclu
sion upon the preliminary questions.
THE REAL QUESTION. s7
The real case before you is as to to,
existence of the alleged conspiracy. /
lis to this point that the evidence te
which you have been listening will
such attention for so many days ha
been principally directed, and here i
is proper to say in the outset that de
PENDANTS are not ON trial for killing
Bush, or for any other Of the Dumerou
homicideS that were committed do
ring the disturbance which followet
the aIlt ged attack by two negroes OIL
j Mrs. Harley and her little son, nea
lSiiverton, on the morning of Friday
lSeptember 10. The shocking detail
lGfthese transactions, which have beel
tgiven in evidence, are only to be con
isidered by you in reference to thei
bearing on the existence ufthe alleges
conspiracy to prevent by force, intimi
dation.and threats the support and ad
vocacy by Bush OF the election G
lSmalls, or to intimidate him on &C
count of his race or color in the free ex
ercise of his right to vote. -.
However much you may deprecat
the acts which have been described b.
witnesses, the punishment of thos
lguilfy of them has been committed b
law to other courts than this. Powe
for that purpose exists in the govern
ment of the State, and under our polii
ical system the courts of that govern
ment can alone be rescrted to for th
!. trial and conviction of such offender:
but the acts themselves are proper sui
'ljects for your consideration, so far 9
they tend to prove the crime charge
: In this indictment, and which has bee
made an Offense against the laws {
the United States. 1t is not for you {
consider whether these laws are wis
or unwise. That was the duty of Cor
lgress when IT passed them, and haviD
been passed neither you nor the coul
have at this time anything else to d
but to see that they are properly en-
! forced. Their object Is to protect cit
zens of the United States in the lawfr
, enjoyment of the rights which hav
!, been secured to them by the constitI
!, ton and law of the United States, an
while in this case they have been n
sorted TO on account of the alleged vic
Iation by white men of the privilege
, tof colored men, they are equally ope
to the whites against the blacks shoul
occasion ever require. So far from ar
! raging race against race, their object.
to prevent such calamity. Neithe
are you to inquire at whose iDstanc
. the indictment has been found. IEqua
i liy unimportant Is il to yeu or TO U
whether the State or its officers hav
; been unable or unwilling to punish th
! lofenses against its own laws, or |
! bring to Judgments in its own courl
the violators of its own peace. II /
/, ienough for US that the government
the United STAGES has seen fit throug
, Its own appropriate department. |
bring this case here for judicial invest
CATION. I'D iai u 500 y5J.
WHAT THE PARTIES CLAIM. s.,.
I On the part of defendants it is claim
led that at the commencement OF th
unfortunate occurrences, which are i
levidence, they were acting as Officer
of the law for the arrest and punish
lment Of two negroes who made an al
) sEtempt on Mrs. Harry, and afterwsr
ffor the suppression of the riot wbic
lgrew out OF an attempt of the colore
people in that vicinity to resist then
III the performance of their duties.
IS charged on the part of the govern
ment that the process OF the law wa
! used only as a pretext, and that tn
real purpose Of the parties was, to Cal
Try into effect conspiracy which ha
[already been formed by them, or som
fof them, against Bush. This is tn
precise question which you are calle
On to determine, and you are COMPEL
ed 10 determine it on circumstantia
teyidence alone. That. kind of evi
dence, il. fulland complete, IL as con
lvincing as that which il called direct
lbutto warrant conviction on such evi
ldence alone the circumstances proven
must not only be consistent 'withstb,
theory Of guilt OF defendants, but the,
must be entirely inconsistent with any
tother rational conclusion. -,s,r
] To convict under this indictment i
is not necessary 10 find that The conspi