Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1882-05-04


use of ether as an anRsthetlc.
TWenty-six new members were elected du-
ring the meeting.
THE POLITICAL TRIALS.
In the United States Circuit Court at Charles
ton, April 25th, before Judges Bond and Bryan,
the case of the United States vs.. John T. Hogg
and thirty eight others, charged with obstruct-
ing qualified voters at Buford's Bridge in Barn
we'll county in 1880, which was commenced on
Monday, was resumed. The following addi-
tional witnesses, all colored, for the prosecu-
tion were examined: Berry Wroten, Albert
Dublin, Richard Walker, Simon Smith, Evan
r. Aljear, Stepheney Sanders, James 7. Orr,
These witnesses all testified that the colOred
people had not fair chance to vote at Bu-
ford's Bridge, but had been told that they
must wait their turn until after the White
men got through voting. Three Of them ad-
mitted under crOss-eXamination that they had
voted without molestation and said row be-
tween two persons at the polls had frightened
some of the colOred people off and after they
went off the rest had refused to vote. The
witnesses were unanimous III tcStfying that
no one had been hurt during the whole day
and that the only pistol fired off was by a
colored man.
In same case on the 26th, the prosecution
examined six more cOlored witnesses who told
the same story as those who had preceded
them. The government then rested its case
and the defence had examined two witnesses
up to the hour of adjournment. The Witness
es for the defense testified that, owing to the
rotten condition of the house in which they
had held the election, the managers were COM
PEELED to adopt the rule that only one voter
Oh ho oIr o1 of q h.
iect in view two State Constables were placed
at the door and admitte the voters one by
one The white men got to the poll first and
formed into line, as is usual at elections.
The negroes who had camped all night near
the poll, at daylight marched down to the
poll in company front and demanded the right
to VOTE They were told they could vote as
soon as their turn came, and such Of them as
got into line and took their turn had every
opportunity to vote and did vote. Between
thirty and forty Republican votes were cast
before O'Clock in the morning About 9
O'Clock an alteration occurred between a
white man and colored man, and the main
body of the colored voters. who had Withdrawn
from the poll and were stationed about hun
dred yards off, rushed down upon the whites
with yell and with clubs, pistols, scythes
and pieces of iron in their hands. By the
intervention of white and colOred men row
was prevented and not person was hurt.
The difficulty only lasted about five minutes.
About this time the leader Of the Republicans
received dispatch from one of the County
leaders telling him not to let his men vote,
and accordingly they refused to vote any
longer. When questioned by several OF the
white men why they did not vote the negroes
said that their supervisor had failed to come
and it was no use to vote because the poll
would be contested anyhow.
The 9th was consumed in the examination
of four witnesses for the defence. The testl-
mony given was cOrrobOrative OF the testimony
by the defendants witnesses on the previous
day.
The whole session of the Court on the
18th was occupied in hearing further testi-
mony for the defence. Twenty-one witnesses
were examined, who corrobOrated the testi-
mony of those who had been previously ex-
amined. The defence then rested.
Arguments were heard in the case on the
Goth, the argument being opened by Warren
r. Marshall who is associated with the Dis
trict Attorney. Col. Robert Aldrich, of Barn.
we'll, next followed with the opening argument
for the defence. EX-Judge Maher, senior
counsel for the Defence followed, and District
Attorney Melton closed the argument with
the reply for the prosecution.
Judge Bond then charged the jury as fol-
lows:
Gentlemen of the jury The parties before
you are charged with two offences. The first
is that they did conspire, confederate and
agree by force, threats and intimidation to
prevent certain parties from exercising the
right of suffrage at Buford's Bridge at the
general election in 1880, and that they did GER
tain acts to effect the object CT such consplra-
CIV. And the second offence is that they act
ually carried out the conspiracy by preventing
certain parties named in the indictment from
freely exercising the right of suffrage.
Conspiracy has been defined at Common
Law to he all agreement to do an unlawful
thing, or to do a lawful thing in an unlawful
manner. At Common Law parties may be
punished for conspiracy, although no acts may
be done in furtherance Of it, or other persons
who may not have been connected with the
conspiracy originally, may be punished for
carrying it out by furthering it. Under Sec
tion 5, ,440 of the Revised Statutes, upon which
this charge is brought, you must not only find
that there was conspiracy but that one or
more of the conspirators did some act to carry
it out. If the jury find that there was con-
spiracy or combination between the parties on
trial, or between them and others not on trial,
to get to the poll early in order to bring 1t to
pass that the negroes should not vote until all
the white people voted and if there were done
acts to carry out that conspiracy, then the par
ties who made that agreement and were car
rying it out are guilty of the conspiracy
charged. At the polls every qualified voter is
on an equality. He has a right to poll in his
turn after those ahead of him have voted
The resolution to prevent this or require that
any person OF persons shall have precedence
4loi,, ,nNp
full conspiracy, and if carried out by threats or
acts is an unlawful conspiracy executed.
The jury is at liberty to determine whether
there was any conspiracy or not, and if there was
any, what it's object was. If the jury find that
the assemblage was not to prevent others from
voting, that it was simply to get there early,
or for any other purpose than that charged in
the indictment, then the defendants are not
guilty under any count of the Indictment. II
the Jury find from the evidence that, though
there was no conspiracy, the conduct OF the
parties at the polls reasonably put other voters
in fear, or kept them from voting, then they
are guilty under the second and fourth counts
of the indictment, for every man is supposed
to intend the reasonable consequences of his
acts, and this is true, although the voter sub
voted.
The Jury are at liberty to find one of four
or one or more not guilty generally.
One or more guilty on one of the counts and
not guilty on the rest, or some of the defen-
dants guilty as to some of the counts and not
guilty as to the others.
The Judge concluded his charge at $50 L.
NJ, when the jury retired to their room.
They were out until P NJ, Monday, when,
reporting that they had failed to agree, they
we're discharged, and mstrial was entered !
The jury stood ten for acquittal, and two for
conviction.
The next case taken up was that against
Lo of Homo Euaina House nrecinct