The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-07-24

armed forces is violation, not only Of
statutes, which shall read to you, but it
is violation OF the spirit Of the constitu-
ton. The constitution guarantees the
liberty and personal security OF the citizen
and the right OF trial by jury, but Of what
avail or benefit is this right If gang of
armed men may seize you at daylight,
and, by force or threats, drive you at once
from the State?'
THEY WERE LITTLE OFF.
When Judge Reddck had heard the
jury's report read, he remarked:
IL will say | am glad to see you report
that you have endeavored TO enforce the
law impartially TO black and white. OF
course, it is potent that the law must be
enforced impartially. No matter what the
position OF man, no matter what his
riches, ii he has violated the law he must
be treated as the humblest citizen. Ii ii
shall turn out that some who are guilty
have escaped through the inability TO get
witnesses, il will be my duty to call the
attention OF the next grand jury to it, That
is all | have to say"
Then, turning to Sheriff Werner, the
court told him that upon him would rest
the responsibility of maintaining order, as
there was a possibility OF more excitement.
lie read to him the statute upon his du-
ties.
"There are some persons who have left
the county," Judge Riddick continued,
referring TO the banished negroes. 'Some
OF them may wish 10 return. Ii they do
II is your duty to protect them. | know
you are in peculiar position. You have
received one OF the notices TO leave the
State, but II any should come back you
must see that he is protected. know the
white citizens here are rs good and repu-
table and law-abiding rs any people, but
sometimes the best OF people get little
off,"
AN INTERESTING WITNESS.
The grand jury investigated the organi-
zation of the white men and took the
names OF those who had formed the escort.
There was not any difficulty in obtaining
this information, Us the white men acted
in broad daylight and made no effort TO
conceal themselves or their intentions.
The grand jurors had before them one
very interesting witness, in the person OF
MIR. j. X. Chase, formerly northern man,
who keeps q store in Marion and has
little abstract office. Mr.. Chase lives in
the rear Of his store. Some nights before
the sending OF the anonymous notes Mr..
Chase heard a noise and went from his
/ house TO the store, thinking somebody was
breaking in. He made his way 20 the
front. and there discovered that several
negroes were holding consultation on
the gallery OF his store. IL was late nj
night and nobody about. As was appar-
ent from their talk they had just come
from one OF their secret meetings. lie
heard them 20 over and discuss list of
| people who were 10 be put out OF the
way" rs they expressed IT, These names
Mr.. Chase gave the grand jury. They
were Col. Smith, Col. Werner. 4. o. Mos
| by and I. T.. Berry, white men, and the
| Rev. Joe Robinson, cOlored. The Rev.
Joe Robinson is pastor Of the Pleasant
Grove Baptist church, from which the
Rising sun church faction, headed by
| Ferguson, Lewis and Fleming, had split
off. Mr.. Chase told the grand Jury he was
satisfied the negroes he heard meant assas-
sination and nothing else.
THE STATUTES.
The negroes are all indicted on the con-
spiracy charge, based upon the following
section Of the statutes:
"If any person shall willfully and ma
liciously send or deliver, or make or for
the purpose OF being delivered or sent,
shall part with the possession Of any letter
or writing, with or without a name sub
scribed thereto, or signed with n fictitious
name or with any letter mark or dcsigna-
ton, threatening therein 10 accuse any
person OF n crime or 10 do any injury TO
the person or property Of any one with a
view or intent 10 extort or gain any money
or property OF any dcscripsion belonging
10 another, lac shall be deemed guilty OF an
attempt 10 rob, and upon conviction shall
be fined In any sum not less than 500 or
imprisoned in the penitentiary for period
LOT less than one nor more than i've years,
OF both"
Part Of the banished were put into q
wagon and taken by an armed escort OF
men 10 the river, fourteen miles distant,
on their way out OF the country. There
were five or six In this escort. This act
is understood TO form the basis Of the in
dictment against tho white men. The
bills in their cases arc said 10 be basel on
the following
"False imprisonment Is the unlawful
violation OF the personal liberty OF another,
and consists In confinement or detention
without sufficient legal authority. Any
person convicted Of false imprisonment
shall be fined In any sum not less than
| TlVV HUI tANtthliS wv hiAh AiANiN hlHl w
added thereto Imprisonment not exceed
ing one year"
AUTHORS OF THB WARNINGS.
The wcrning notices were all deposited
In the posioflicc ut Marion two weeks ago
Sunday. The postmaster found them in
the box and could not give any informa-
ton rs to how they had come there Upon
the receipt Of these letters the white citi-
zcns met, armed themselves, made hasty
investigation and notified fifteen negroes
10 leave. Two or three Others went with.
out notices. Altogether eighteen left the
county. The grand jury succeeded In
tracing the anonymous threats 10 the Office
Of the county clerk, David Ferguson. Fer.
gtison was one OF the negroes banishcd.
Ills office was opened, and on the floor
we're found the fragments OF two or three
anonymous notes, which apparently had
not been considered satisfactory, aud had
been torn up. Experts before the grand
Jury pronounced the handwriting In the
notes 20 be that Of J. w. Ramsey, q Young
negro who went there recently from South
Carolina, and was In the employ Of Forgu'
son a. q clerk. lie is one Of the expatri
ated.
WHY IT WAS DONE.
An immediate motive for the sending OF
these warnings was found. Ferguson, the
county clerk, and u. W. LOWS. the negro
county Judge, had been indicted by O
former grand Jury for habitual drunken
ness. The penalty was removal iron
office. Their cases were set for trial las