The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-10
REID RELEASED
Judge Caldwell's Decision In the
Cases ofReid and Lucas, Convicted
Recently OF Completely
In tho P,ummerville National
Election Irregularities.
The Points Made BY the Judge and
Their Significance.
He VIII, However, Have to Appear In
Case Any othor Indictments Arc
Found Against HIm--Twslve
Morrllllton MenIndicted.

Sleclhl Dlsialcn 10 lno AnpcaL
LITTLE Rock, Ark, May 0.-In the Fed.
oal Court this morning Judge Caldwell rem
dcrcd his decision upon the motion in arrest
Of judgment, presented several days ago in
behalf of Charles &. Reid aud James Lucas,
and argued before the court yesterday. The
indictment under which Reid and Lucas
were convicted was based upon a portion OF
Section 5,5ii OF the United States Revised
Statutes, which provides that III at any
election for Representative or Delegate in
Congress any person does any unlawful act
TO secure an opportunity 10 vote for himself
or for any other person, or by force, threat,
intimidation, bribery, reward, or otter
therefor unlawiully prevent any qualified
voter Of amy state or of any Territory from
freely exercising the right of suffrage, or by
any such means induces q voter 10 rrfuso to
exercise such right or induce by any suoh
means any officer OF election in any State or
Territory to receive vote from person not
legally qualified 10 vote, or interfere in any
manner with any officer OF election in the
discharge OF hls duties, or by any such
means or other unlawful means induce AN
officer OF election" etc.
In rendering the decision the court said
the indictment is framed upon the clause of
the above statute which prohibits intcricr-
cucc with officers Of election. IL will be OBJ.
served that the words for threat. intimi.
daiiOn,' etc. are, by the use of the words
'or any such means made part OF the
definition OF every oilcnsc defined except
the one for interfering with officers OF cleo.
tiOn. The question Is whether these words
or their equivalent are not necessarily part
OF the clause intcrdicting Interference with
Judges OF election. An indictment
changing simply as this means, that
the attendants intcricIcd with the Judge
ol any election is a mere legal conclusion, IL
states no fact or Circumttaucc from which
the court can say the interference was un.
lawful. IL does not advise the defendants
what they are required % answer. Judges
OF election may be- iutcricrcd with 10y threats,
10y force, 10y intimidation aud by other
means that would bee Illegal. and. on the
contrary, thCy might bc ini,ricrcd with by
an announcement, dcclamlion Justified
by the circumstances Of thc case and en-
urcly praiscNurihy. The omission OF the
words 'ur any other means The clause
relating 10 interfering with officers
OF election does not By any mcnn,
show that Congress did not intend
that they should have an ,pperaiion In that
clause
The Judge read several federal Court dc.
cisiOus showing that the Court Will, when
necessary to give effect to the legislative In
tent, utcrpOate words into n clause OF the
statute whCrc they lave been omitted
| through inadyerirucc, and where they nrc
| essential 90 tight construction of tho stat.
ute. The Nunis that qualify the other Of
lenses la the section. or some equivalent
term must be- added tu the clause on which
this indictment is founded, and tie nct or
acts constituting the interference must
! be- set out ~ that The court can
fF.sHa HfasH saI HNan laIaNFnt.FsN
whether thcic was un interference that wns
illegal. The Court Oplcrd tile verdict ol
guilty sct usidc, the indictment quashcd
! aud the defendants rclc sed, upon the rrcoy.
nizncc formerly given by them in the sum
Of - 90 tp appear in this court nc H. next
term Ia answer any indictments that may
be- found Tor this Uhensc. Reid aud Lucas
arr hence given their freedom, after nearly
| two weeks confinement.
The Grand Jury In tlio ftioml Court nd.
jouucd yesterday. Its last act was "a r..
turn an indictment against twelve citizens
oi MouillioWn, charging them with stealing
| the Plummeryillc ballot box The fact
could not be made known yesterday because
the parties wcrc not all la custody. They
are ~ follows Charles q. Reid, Charlie,
Warl, oliver r. Bcntly, Walter 4. Wells,
Hen .. White, Thomas q. Harry, William
Palmer, Warren Taylor, fcrl Ice GunlUr.
| William &. Woods, joint q. Heard, Theodore
r. Wells All ihc parties aIc In the city,
Deputy Murhal fallcinbtrg arriving with
si1 OF them this evening. They all gave
bond In sums Of Si,OJJ aud .2,OO1. IL will
be- remembered that Warren Taylor I,
/ the one who tufncd iulOrmur be
fore the umnd Jury and furnished
the statement upon which thy Indictment Is
found The oihcn claim yhnt they can
prove be- knows nothing about tho matter,
and was Ia another locality tho night th,
box was stolen. Tho young men indicted
are nll high standing CiuzCu1 of MOuillt0n.
Tho Federal Court adjourned today thc
appropriation Tor witness and jury cK
/ p,nscs having bccn exhausted. II will hold
another term IN July whCn an additional
| appropriation can be- had from Congress.