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

70 30 IrAne youE NetulSt u 70 accomplish
that end. Il may be, frat, guilty as 10
all upon oil the counts; ID, moi guilty as TO
oil upon all the counts; Sd, guilty as
to some upon all the counts and not
guilty rs to the Others; 4th, guilty a. 10
some upon one or more OF the counts and
mot guilty as to The others. The burden
Of proof is upon the Government. Il is
q wise maxim Of law in favor Of the de.
fdts liberty that every man Ia presumed
TO be innocent till he is proven guilty, and
this presumption Is TO continue with you
until II has been overcome by testimony
beyond reasonable doubt, but reason.
able doubt 10 something more than cap.
tious doubt, a mere vague notion that
possibly the accused may be innocent.
II must be q doubt for which
q reason may be assigned and II not be
reason sufficient 10 convict another, but
must such as may properly influence the
minds Of one while honestty endeavoripg
to perform his solemn.duty as Juror; and
now, in conclusion gentlemen, we soy to
you that both the government and the de.
tendants are entitled 10 influence the
judgment Of each one Of you upon the Is.
sues presented for your consideration. II
is sometimes the case that the Jurors
agree that the vote Of any or some
other number less than the whole
shall be adopted as verdict to be re.
turned, and such an arrangement
Is not in accordance with the require.
ments Of law. Each Of you must find q
verdict he agrees 10 on his oath and no
one has right to shift the responsa.
bility Of his final action from his own
conscience TO that Of one or more OF bis
fellows. You may be convinced by his
reasons but you ought not to put your.
self in position to become bound BY his
personal vote. 1tis your duty 10 consult
together, to compare your recollections OF
the testimony, 10 consider carefully and
anxiously yourselves the bearing It has
on the facts 10 be established and 10 har.
monize your views II possible, but your
verdict should be in accordance with your
own deliberate judgment.
A single word more. It has been
argued befere you that this is
a political trial, and that the pros.
ecution' has been instituted and carried
on for political purposes alone. Such
argument should have no influence with
you. The case to you, and to the court,
also, is political only in the sense that il
grows out Of alleged ofFense against the
political rights Of q citizen OF the United
States secured to him by the National
Constitution. That number Of eight cit.
liens Of the United States have been killed
there is no question, but that ia not cause
enough for the Government to interfere
for their protection. Under the Constltu.
ton that belongs to the States alone, but
when an unlawful conspiracy is made 10
interfere with any Of the rights Of citi-
zen occurred to him by the National
Constitution, then an oflense is committed
against the laws OF the United States, and
1t is moi only right, but the absolute duty
ot thS National Government 10 interfere
and afford its citizens that protection
which every government is bound 10 give.
The case, as alleged in this Indictment, is
such case, aud you as citizens are bound
to lit yourselves above politics and rem.
der your verdict regardless OF popular
clamor or partisan excitement. The stat
ute which is to-day involved for the pun.
iShment OF an offence against the colored
man may tomorrow be used for the pro-
lection Of the white man. All citizens,
whether they be white or black, are in.
cluded within It's provisions. You have,
gentlemen, solemn duty 10 perform, and
the case is committed 10 your most care
ful consideration.
The case was then given to tae jury,
who have been out all day now, andit is
not thought that. they will agree on
verdict.