New-York tribune., 1879-04-29

and thereby further delay and impede the Court
Monday morning, at the cose of the testimony Tor
the defence, Judge Bond rendered his de
cison that the right to meet and consult respecting
public affairs. as charged in the first four
counts of the information, belonged 10 the people
before the Constitution Of the United States was
adopted and that il neither granted nor guaran-
teed by the Constitution and under the decision OF
The United States Supreme C0nrt In the Crulk-
shanks case, the Federal Courts have no Jnrlsdlc-
tlon to punish its obstruction hndrauce Ia rel
ereuce to the iith count. he decided that although
il charged offence under the statuies-l. e., the
right to vote at election without distinction oI
race and cOlor-there was no proof 10 sns-
tain the charge that IL was because Of his race
and color that Nix injured and oppressed IN tle
free exercise of hIs right TO vote In tins conneci1n
II is necessary to state that the witnesses Tor INC
Government all swOre that they did not belleVe III
was because of their and color that the de-
fendants injured and oppressed them. but SIMPLY
because they were Republicans. Under JnhRe
Bonds decision, based npon the Cruikshanks case,
it absolutely necessary 10 prove that 1t was on
account of race and color and accordingly the jury
instructed TO render n verdict OF not guilty.
THE PROPOSITION OF THE DEMOCRATS.
Shortly after Judge Bond rendered his decision
Distrct-Attorney Northrop arose in Court and
moved that all the other cases be continued until
the November term. His real motive for doing so
was the fact that he had been informed by the
Marshal that the funds allowed for the expenses OF
the Court were nearly exhausted, and that the
amount on hand was barely sufficient 10 run the
Court to the end Of the week; that under the exist
ing condition of affairs in Washington, with no
prospect whatever of an appropriation, be could
not, as had been customary, assume any
responsibility by expendmg more money than the
amount sent him by the Department, as he saw no
prospect of being refunded any money advanced by
bim. Under these circumstances. .DIstrict-Attorney
N0rhrop deemed it advisable TO accept PROPOSE
tion which the Democrats here had been urging on
him ever since the Court assembled, namely to con
tinUe the election until the November term OF
the United States Court. in consideration OF which
the State would Immediately pardon eX-Congress-
man Smalls ana ex-Treasurer Card0zO, grant
now trial to Samuel Lee, of Sumter
con nvicted in his absence or most trivial
charge, and then enter n mol. pros. III MS
case and further. the State would continue the
ease against Ex-Governor Chamberlain ana all the
OF her veXatiOus prosecutions now pending in the
State Courts against Republicans. with the under
standing that they would be finally dropped; tie
State plcdgBg itself also. never to institute any
new proceedings against Republicans for any often
ces alleged 10 have been committed while the Re-
publican party was in power IN this state. Upon
these conditions DIstrict-Attorney NOrthrOp took
upon himself the responsibility of continuing the
cases Already CardOzO and Smals have been par
dOned, and new trial has been granted to Lee.