Year: 1877

AT the opening OIL tne Omteu states
court this morning Chief Justice Waite
charged the jury In the Ellenton conspiracy
cases at considerable length. After ex-
planning the nature Of the charges con-
tanned In the several counts and the statute
alleged to have been violated, he said the
controlling element In the offence charged
in the fourth and ffth counts is the race or
color of Bush. 1t is not enough that de-
PENDANTS may have conspired against him
on account of his political opinions on the
advocacy of any political PARTY, for that is
not the crime of which the defendants are
in these counts accused. In the second
and third counts such is in effect the
charge, but in the fourth and fifth 1t is not.
To convict under the latter counts it must
appear that the object of the defendants In
their unlawful combination was to inter-
fere with his nghtlof voting on acc cunt Of
his race or color, without regard TO his po-
litical belief. As it appears from evidence
that Bush was killed on the IS b OF Sep
tember last it follows that you must find
that the conspiracy against him, whatever
its character, was formed on or before that
day. 1t has not been attempted on the
part OF the defense offered by the gov
eminent to prove that Bush was
colored man or citizen of the United
States or member of any political
party which on the 18th Of September last,
put Smalls in nomination for election as II
member of congress for the district In
which Aiken county is situated. 1t is moi
probable that You will have any difficulty
In arriving at c. nc usiGn upon thee pre-
liminary q iesliors The real c. ntrOversy
before you is as to the existence of the al
legged conspiracy. 1t is to this point that
the evidence to which you have been lis.-
ening with such attention for so many days
has been principally directed, and here 1t is
proper to say in the outset that the defend
ants are not on trial for the killing of Bush
or for any other of the murderous homi-
cides that were committed during the dis
turbances which followed the alleged at
tack by two negroes upon Mrs. Harley and
her little son near SilveIton on the morning
of Friday, the 18th of September. The
shocking details of these transactions,
which have been given in evidence, are only
to be considered by you with rel, renee to
their bearing upon the existence of the al
legged conspiracy to prevent by force, in
limitation or fhroofo tho and
advocacy by Bush of the election of Smalls
or to intimidate him OIL account of his race
or color In the free exercise of his right to
vote. However much you may deprecate
the acts which have been described by the
witnesses, the punishment of those guilty
of them has been committed by law TO
other courts than this. The power for that
purpose exists in the government of the
state, and under our political system the
courts of that government can also be re-
sorted to for the trial and conviction of
such offenders. And the acts themselves
are proper subjects for your consideration
30 far as they legitimately tend to prove
the crime charged in this indictment and
which has been made an offense against
the laws of the United States. And while
in this case the law has been resorted to
on account of an alleged violation by white
men of the privileges of colored men, they
are equally open to whites against the
blacks should occasion ever require. So
far from arraying race against race their
object is to prevent such acalamity. Neith-
er are you to inquire at whose instance the
trial has been had. 1t is equally unimpor-
tant to you or to us whether the state or its
officers have been unwilling to punish
offenses against its own laws or bring
to judgment the violators of its
own peace. II is claimed that
at the commencement of the unfortunate
occurrence they were acting as officers of
the law for the arrest and punishment of two
negroes who made the attack upon Harley
and afterwards for the suppression of the
riot which arose out of the attempt by col
ored people in that vicinity to resist them
in the performance of their duty. 1t is
claimed on the part of the government
tina the process Of la" wa, u ed only as a
pretext. and that the real purpose of the
parties was 10 carry into effect the conspir-
acy which had already been formed by
them or some of them against Bush.


At the conclusion of the charge the case
was given to the jury.