The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-06-02
Ellenton ConspIrncy TrInI.

1ho Sliehtou conspiracy cases NJ conBid
cradle length. After explaining the na.
ture Of the charges contained In the
several counts and the statute alleged Il
have been violated, he said the controll,
Ing element In the offence charged in the
fourth and 9Th counts iS the race or color
Of Bush. II 10 not enough that the de.
tendants may have conspiFed against him
on account OF his political opinions, OF
on account Of the support or advocacy ol
any political party, for that Is not crime
OF which they are 10 these counts accused
In the second and third counts such is In
effect the charge, but in the fourth and
fifth 1t Is not to convict, and In the latter
counts II must appear that the
object OF the defendants in their
unlawful combination was to inter.
iere with his right and privilege oi
voting on account Of his race or color,
without regard 10 political belief or as
ISOLATION. As II appears from evidence
that Bush was killed on the 18th OF Sep
tember last, II follows that you must find
that the conspiracy 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 defense To
contradict the evidence offered by the
Government to prove that Bush was a
colored man or that he was citizen OF
the United States, or a alawfully qualified
voter Of Aiken county, or member Of a
political party which on or about the
18th Of September last put Smalls in
nomination for election as 4 member Of
Congress tor the Congressional district in
which Aiken county Is situated. Itis
not probable, therefore, that you will
have any difficulty in arriving at con-
Cluslon upon these preliminary ques-
tionS. The real case before you is as to
the existence Of the alleged conspiracy.
It is TO this point that the evidence 10
which you have been listening with such
attention for so many days has been prin-
cipally directed; md here It is proper to
say, in the outset, that defendants are not
on trial for the killing Of Bush, or for
any other OF the numerous homIcides
that were committed during the disturb
ances which followed the alleged attack
by two negroes on 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 refer
enCe to their bearing on 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 free exercise Of lie
right 10 vote, however much you may
deprecate the acts which have been de,
scribedby the witnesses. The punishment
OF those guilty Of them has been commit.
ted by law to other courts than this. The
power for that purpose exists 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 offend.
ers, but the acts themselves are proper
subjects for your consideration, so far
as they legally tend TO prove the crime
charged In this Indictment and which has
been made an offense against the laws Of
the United States. II is not for you to
consider whether these laws arc wise or
unwise, that was the duty OF Congress
when 1t 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
the rights which have been secured
to them by the Constitution and
the laws Of the United States, and
while in this case they have been resorled
to on account Of the alleged violation by
the white men Of the privileges OF col.
ored men they are equally open to the
whites against the blacks, should an oc.
casion require. So far from arraigning
race against race their object Is to
prevent such calamity. Neither are you
to inquire at whose instance an indict-
ment has been found. On trial had
equally unimportant is il 10 you as to US,
whether the State or Its officers have
been unable or unwilling to punish the
olfenses against its own laws, or bring to
judgment in its own courts the violaLers
Of its own peace. 1t is enough for II
that the government Of the United States
has seen fit through its own appropriate
department, to bring this case here for a
Judicial investigation. On the part
Of the defendants 1t is claimed
that at the commencement OF this un.
fortunate occasion, which is in evidence,
they were acting as officers Of the law for
the arrest and punishment Of two negroes
who made an attack on Mrs. Harley
and afterward for the suppression Of a
riot which arose out Of an attack by the
colored people in that vicinity, and TO
assist them in the performance Of their
duty. 1t is claimed on the part Of the
Government that the process Of the law
was used only as a pretext, and that the
real purpose Of the parties was to carry
into effect conspiracy which had already
been formed by them, or some Of them,
against BuSh. This is the precise ques-
ton which you are called on 10 determine,
and you are compelled 10 determine II on
circumstantiAl evidence alone. That
kind Of evidence, il full and complete, ia
rs convicting as that which is called di.
rect; butto warrant a conviction on such
evidence alone the circumstances proven
must not only be consistent with the
theory OF the guilt Of the defendants, but
they must be entirely inconsistent with
any other rational conclusion. To
convict under this indictment it
is not necessary tn find that
the conspiracy charged was formed
against Bush alone. II ia sufficient, II il
is made to appear 10 your satisfaction,
that be was included among the persons
actually cOnspired against. Neither ID il
necessary that he should have been men.
TONED by name in the agreement or under.
standing OF the conspirators. 1t is sufii.
cient II you find that conspiracy was
formed against any one which includes
him, and that in the execution Of com.
mon purpose it was actually carried into
effect against him. Each member Of a
conspiracy is responsible personally for
the acts Of every member thereof done in
the turtherance Of its illegal purposes,
whether be himself was present or not,
It follows that the acts and declarations
oil one OF the conspirators while actually
engaged in giving effect 10 a COM
mon purpose may be given in
the evidence against his co.conSpirators.
Having common purpose the acts and