Year: 1871

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crime than exercising privileg
guaranteed to him by the Constitu


ton and the laws OF our common
country, for the doing of that which
they themselves are as fully allowed
to do-that is, to vote for and ad
vocate the election Of any men the,
may prefer and for reasons salts
factory to themselves: These right.
the Fifteenth Amendment to tht
Constitution to the United States
intended to confer and does counte,
upon every citizen otherwise quail
fled to vote, and the acts under
which these prisoners have been
convicted are designed and passed
for the punishment of those who
perpetrate


SUCH FIENDIsH ACTS


as were clearly perpetrated by these
prisoners with view to defeat the
objects of the amendment. The
manner in which the attack, digni-
fed as they have it by the title of
"raid," ON Justice, in some respects,
would quite equal the performance
OF some of the earlier English
knights of the Road; but in most
respects it was cowardly, base and
develish, and especially does it seem
to have been SO on the part of the
elder Shotwell. who seemed to be
anxious to prepare himself to estab-
lish his innocence, when in fact he
was, perhaps, the most prominent
and active of all the conspirators-
and now for him mercyis asked. II
some good spirit hoveling around
or a piOus old father had whispered
in his ear the language Of the poet


Lord, that mercy to others show


That mercy show to ME,


it may be that he would not 80
coolly have entered into the con-
spiracy for taking the life of fellow
being for such an offense. Had he
been so admnnished, and still con-
spired to commit the deed, then he
was indeed as one lost. No man
has attempted to impute anything
against Justice except that he was
a Radical and a man of influence.
If this Is not a case in which it be-
comes the duty of the court to
punish in such way as to answer
the purpose of the law, then 1 will
confess no case will or can arise in
which it will be the duty of the
court to punish in an exemplary
way.


Exceptions were taken by the
counsel for the defendants to the
discharge of the jurors who were in
attendance upon this court for three
weeks in the month Of June. For
this the Marshal was directly cen
sured and accused. Those who
have complained of this should
know that the Marshal did not dis
charge the jury. If they are under
any misrepresentation as to that, 1
will inform them thatI discharged
the jurors for the last session of
the court, as 1 remember it, with
the appreciation of the Cilcuit
Judge, and in regard to the ,eni,e
for this term, that was ordered by
the Circuit Judge with my aTproba-
ton. As to the manner il which
the jurors We're summoned in the
same manner, under like iinstruc-
ton, as were those for the June
session, and, with the exception of
the former rule restricting the mar
shall to the citizens of certain coun-
ties, were summoned m the same
way in which they have been since
the June term, 1867, of this court.
The prisoners complain that the
jurors were not Democrats. They
would probably have complained of
any who were not conspirators, like
themselves. We believe that the
Jurors are honest men, and not hos
tile in their feeling to the govern
ment or the unfortunate parties ac-
cused, and if really any doubt as to
the latter ever existed, with the
counsel it should be dispelled after
The verdict rendered in the case, by
which the jury have


ACQUITTED THREE OF THE PARTIES,
lgainst all of whom there was
evidence of such a character as
renders it questionable whether
,hey should not have found them