Year: 1877

and strong claws VIII draw in The mnecen5s Very


Charleston, s. C., May 81, 1877.


CHARGE OF CHILF-JUSTlCE WAITE.
WHAT Is NECESSARY TO BRING THE CASE WITHIN


THE JURISDICTION OF THE FEDERAL COURT


CONSPIRACY AGAINST BRUSH on ACCOUNT OF


HIS RACE OR COLOR MUST BIZ PROVED.


CHARLESTON, S. c., June 1.-At the open
ing OF the United states Court this morning CmeiJus
tice Waite charged the jury in the Eienon conspiracy
cases AZ considerable length.


After explaining the nature OF the charges contained
in the several counts and the statute alleged to have
been violated. ne said the controlling element in the
oense charged in the fourth and attn counts Is the race
or color OF Bush IL is not enough that the defendants
mag have conspred against hm on account OF his po


tica opinions account OF his support or adVocacy
OF any political party for that ia not the crime OF which
they are in these accused In the second and third
counts such effect the charge but in the fourth and
ffth it ia not TO convict under the litter counts 10
must appear that the object Of the defendants IN their
unlawful combination was 20 interfere with h's rsht
and privilege oi voting on account OF hs race o c'lo
without regard to his political belief or association As
it appears FROM the evidence that Bush was Killed on the
13h OF September last, the conspiracy against him,
whatever may have been its character formed on
or before that day.


not been attempted on the part Of the defense 70
contradict the evidence offered by the Government to
prove that Bush q colored man, or that he was
citizen OF the United states lawfully qualified voter
Of Aiken County. or member OF the political party
which Oh on about the 18Th Of September last put omals
in nomination FOR reelection member Of Congress for
the CONGRESSIONAL district IL which Aiken County Is su
ated II IL not probable, therefore, that you viii have
any difficulty in arriving conclusion upon these pre-


mnary questions 1he real controversy before you Is
Is TO the existence OF the alleged conspiracy lt Is TO
this point that the evidence to which you have been lis
tenng with such attention Tor 80 many days has been
principally directed aud here II is proper to say in tho
outset that the defendants are not Oh tria Tor the XII
Ing OF Bush for any other OF the numerous homcdes
that were committed during the disturbances which
followed the alleged attack by Two negroes upon
Mr.. Harley and her little son, near Siyerton,
or the morning Of Friday, the 18th or September Tic
shocking detail, Of these transactions which have been
given evidence only 10 DE considered by you with
reference to their bearing spou the existence Of the
alleged conspiracy prevent by force, intimidation OF
threats the support and advocacy by Bush of the elec-
ton of Smas, or TO mtmldat. him IA account OF his
race color ia the free exercise of his nsh to vote
However much you may deprecatc the acts winch have
been described by the Witnesses tie nns o! those
entity or tnem has been committed by the law to other
courts than this Tie power FOR that purpose exists IN
the Government of the state and. under our political
sysem the courts of that Government can alone be re
sorted to for the trial aud conviction Of such ocnders
Du tie acts themselves proper subjects for your con-
sderson so far they legltmately tend 10 prove the
crime charged in this Indictment, and which has been
made an against the laws OF the United states


II Is not FOR you consider whether these Laws are
wise or unwse-that vas the duty OF Congress when it
passed them and having been passed neither you nor
the court have at this time anything else to do but 20 see


that they are properly enforced. Their object 60 pro-
teet the citizens Of The United states the lawful enjoy
meDt Of rights which have been secured to them 10y The
Constitution a.d laws Of the United States; and
who in this they have been resored 10 on account
Of the ale ged violation by white men OK the privileges
OF colored men, they are equally open TO The whites
against the blacks should require. SO FAR
from arraying against their object to prevent
such calamity Neither are you inquire at whose in
stance the indictment has been found the trial had
Equally unmporant is II to you or to as whether The
state or it, officers have been unable unwilling 20 pun
ism ocnse against its laws, to bring To Judgment
in its own courts the yioaors Of It's own peace. II Is
enough for that the Government Of the United States
has seen III through its appropriate departments to
bring this here for judicial investigation on the part
OF the defendants.


II Is claimed that at the commencement Of the unfor
nate occurrences which IN evidence they acting
az officers OF the law tor the arrest and punishment Of
the two negroes who made the attack upon Mrs Harley
and afterward for the suppression Of riot which
ont OF an attempt by the colored people in that vicinity
TO resist them in the performance Of their duties.


NATURE or THE EVIDENCE.


Itis claimed the part OF the Government that the
process Of ,he law used only pretext and that
the real purpose OF the parties 10 carry into eecta
conspiracy which had already been formed BY thom
some OF them, against Bush This is the precise
question which you are called upon 10 de-
termlne, and You compelled TO dermine u
upon circumst0ntia evidence alone. Iaat KIND
OF evidence, IL m and complete. u ~ convincing rs That
which is called direct but to warrant u conviction upon
evidence alone, the circumstances proven must not
only be consistent with the theory Uf the guilt or the dc
feudants but they must be entirely Inconsistent with
dcnent 10 ~ not necessary hnd that the conspiracy
CHARGED was formed against Bush alone IL II sufficient n
In s made appear tO your satisfaction that ne was IN
cluded among persons actually cOnhpred against.
Neither is il necessary that ho should nave been
toned Dy name the agreement Or mutual understand
ing Of the conspiratOrsi n Is s0hcient II you und
that the conspiracy formed against class which Ia
purpose actually carried Into effect against him.
Each member OF conspiracy Ia responsible personally
for the acts every member thereof done in urrrance
OF its Illegal purposes whether Lie be- himself present
not It follows that the acs and declarations OF one OF
the con -ptiaora while actually engaged IN giving effect
- the common purpose may be gwen IN evidence
against his fello~-conspintOrs Having IA common
PURPOSE the acts and declarations OF ono while
carving that purpose INTO effect the Hcts
and declarations Of all bus isolated acts OF
violence by individuals who may have been engaged IN
the conspiracy cannot b. used aanst the others, unless
II upptara thai they done iurtherance OF the
common purpose All bound by them " they resulted
ties to accomplish hy their concerted action the pro-
posed dt AL Hho we're present when the acts ot