The Birmingham age-herald., 1904-10-12
JUDGE I. 6. JONES
 CAUSES SURPRISE
tcontinued from Seventh Pase)

taken from the officers Of the state, and murdered because of indignation pro- voked by the crime laid at his docr or other felonious motive, without reference to the race to which he belonged, and without any purpose on that account. to prevent his enjoyment of the common right of a trial in the court? His murder, under such circumstances, would present the features of an ordinary murder, which is a crime only against the laws of the state of Alabama, and in that event, you have nothing to do with it.
 If, however, you find something more than mere felonious purpose to avenge the crime imputed to him or general mal- evolence and that the mob was actuated by the bad spirit that a person of Ma ples' race when accused of crime, should not have the right to be acquitted, if in- nocent, or condemned and punished by the court if guilty, and that the mob hung him to prevent his enjoyment of that right because of his race, his mur- der by a mob of persons of different race, constitutes d crime against the laws of the United tSates.
 Would Be Conspiracy.
 Tn that event it would be a conspiracy under that section to injure him in the free exercise or enjoyment of a right which was conferred upon him by the constitution not to be deprived, by law less violence, of g right of trial by the courts, because he was a negro. You may ask how are you to determine what mo- tive induced the murder? The court can give you no more definite rule than to say, that the question must be determined by your common sense and consciences in the light of all the circumstances. The particular prejudice or motive which con trols the conduct of men in any given case, cannot be seen by the eye. We are all conscious of power which moves the winds and the waves, but We cannot see that power.
 We judge of It's existence and force only by its manifestations and So of hu- man passions. We sec and realize their effect and trace the cause by our expe- rience of human nature, it's instincts and promptings under given circumstances. Whether or not particular motive in- f1uenced a man is an inference to be drawn from the whole transaction. Per haps a good test as any other in arriv- ing at a just conclusion, is to ask your selves considering what was said as we'll as what was done by the mob, viewing the occurrence from it's inception to it's ending, in the light of all the facts and your experience and knowledge 5f human nature would a white man, under the Same circumstances, charged With the particular offense upon the same victim. have been attacked or murdered by this mob? If you are fairly satisfied that the mob would not have murdered Naples if he had been a white man, then every dic- tate Of humanity and justice demands that you return true bills against the members of the mob. $
 Federal Prisoners Deprived of Riuht.
 There is another phase of the acts of this mob at the jail, which 1t is ycur duty to probe to the bottom. One of the rights secured by the constitution of the United States to q citizen, when held in the custody of the United States upon aeeu- sation of crime is to be protected from lawless violence. Such a prisoner has the right of immunity to be undisturbed in the enjoyment of that protection, and 1t is the duty of the United States to see that he enjoys 1t. Logan vs. The United States, IA U. S., 263. Evidence will be laid before you that the lives of the United States prisoners were put in ieop- ardy by firing the jail. and that at least one of these prisoners was nearly suffo-