The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1877-06-09
The EllentOn Conspiracy.

The violence Prior To the South Carolina Election
Eleven Whites on Trial before Chief Justice Wait
Whites aud Six COlOred Men,
CHARLESTON, May 3l.-The argument il
the Ellenton conspiracy case IN the United
States Court, before Chief Justice Waite, was
closed tonight, and at the opening of the
court tomorrow, after n charge from the pre-
siding Judge, the case will be given to the
Jury. The accused are eleven white citizens
Of Aiken county, who are charged under the
Enforcement act with conspiracy To inter.
fere with the political rights of David Bush,
coored. Some $50 or three hundred whites
from the same county have been arrested and
held in bail on similar charges, but only these
eleven have been brought to trial as test
The evidence adduced on trial on both sides
shows that from Friday, Sept. 10, 1876, until
Thursday Sept. 81, 1876, in the south western
portion of Aiken county bordering on Barn.
well county, in the neighboring part of Barn.
well county, number Of acts of violence
were committed by both whites and blacks:
and the people of both races were in u state
of great excitement, especially from Sunday
morning to Tuesday noon. The theory of the
prosecution is that the violent acts of the
whites were in pursuance Of u general plan to
ntimidate coloted rioters: that the general de
PENDANTS having at various times and places
been more or less connected with bodies of
men, some of whom committed these various
violent acts, are themselves responsible for
all of them, and that one of these acts being
the killing of David Bush, the general CON
spiracy inferred from the general acts of VIC.
lenCe becomes constitutionally special con.
spiracy against Bush, and the defendants are
as responsible as if they severally and Jointly
had combined for that particular purpose
The theory Of the defence is that lawful
attempt on the part Of the whites to arrest
man who had assaulted a woman caused re.
sistance and excitement on the part of the
blacks; that the constant assembling and riot
Gus conduct of armed negroes, their threaten.
ing language and demeanor and their actual
waylaying and killing of white men, burning
of property, and wrecking of railroad trains
rendered it necessary for the white people to
assemble in selfdefence; and whatever acts
of violence were committed on the part of
the whites grew naturally out of the quasi
war of races thus begun.
The number Of witnesses examined on
either side has been large, and the progress
of the trial which has occupied the court con
tinuously since the 10Th inst, has excited
. much feeling, the case being treated by the
prosecution as an effort to visit deserved
/ punishment upon the deliberate and system.
ATTIC violators of the political and personal
rights Of the blacks and by the defence as
political persecution in which defeated Re.
publican candidates are using the machinery
4 of justice to crafty personal spleen and re.
kinde the enmity between the races, now al
most entirely allayed The charge of Chief
4 Justice Waite tomorrow is looked for with
4 great interest. The jury is composed of six
4 white and six colored men, with Geo. W. vii.
liams, the wealthy Charleston banker, as
foreman. The general expectation is that
Z they will not be able to agree upon a verdict,
The jury in the Ellenton conspiracy cases
were called into court and Intercepted by
Chief Justice Waite, on Saturday night
4 They stated they could agree upon verdict
10 the case Of only one OF the eleven persons
charged with conspiracy, namely, Abner w.
Atkinson, whom they acquitted Atkinson
3 Is over 80 years of age. The Chief Justice
discharged the jury, and released the ten re-
manning on bail to appear at the next term of
court. 1t is doubtful if their cases will again
be tried. The six black jurymen are under
stood to have been willing to agree upon
"a conviction of two of the accused, and the
acquital Of the rest, but the white jurymen
Insisted upon the acquittal Of them ALL