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Show GENERAL. Tho Election CrtsPM t'liiei Justice Jus-tice lluite'i t liurc. Charleston, 1. At tho opening of the United rftatss court thia morning, Chief Juatico Waito charged the jury in tho election conspiracy casu at considerable length. After explaining explain-ing tho naturo of tho charges, ate, ho said: Tho controlling element iu the olleuso charged in the fourth and rittn counts is the race or color of Bush. It is not enough that the defendants de-fendants may havo conspired against him on account ot hi3 political opinion, opin-ion, or on account of 1: is support or advocacy of any political party, for that is not a chargo of which they are in these- counts accused. In the second and third counts such is in e fleet the charge, but in the fourth and fifth it is not. To convict under the lattor count it must appear that the object of the defendants in their unlawful combination was to interfere inter-fere with his right and privilege of voting, on account of his race or color, without regard to his political belief or association. As it appears from the evidence that Bush was killed on the ISth of September last, it follows that you must find that the conspiracy against him, whatever may have heeu its character, was formed on or before that day. It ha3 not been attempted by tho defense to contradict the evidence ollered j by tho government lo prove that Bush w.ib a colored man, or that he was a citizen of the United Slates, or a law- fully qualified voter of Aiken county, or a member of the political party which en or about tiio 15th of September Sep-tember last put Small in nomination for election as member of congress for the congressional district in which Aiken county is situated. It is not probable, therefore, that you will have any difficulty in arriving at a conclusion upon these preliminary questions. The real controversy before be-fore you is ns to the existence of the alleged conspiracy. It is to tnis point that the evidenco has been principally directed, and here it is proper to say in tbo outset that jtho defendants are not on trial for tho killing of Bush or for any other of the numerous homicides homi-cides that were committed during tho disturbance which followed the alleged attack by two negroes upon Mrs. Harley and her little son near Silver-ton Silver-ton on Friday, the 15th of September. The shocking details of these transactions, trans-actions, which have been given iu evidence, aro only to be considered by you with reference to their bearing upon the existence of tlm alleged conspiracy, to prevent by force, intimidation in-timidation and threats the support and advocacy by Bush of the election of Smalls, or to intimidate him on ac count of his race or color in tho free exercise of suffrage. However much you may deprecate the acts which have been deaenbea by witnesses, tho punishment of those guilty of them has been committed by the law to other courts. The power for that purpose exist3 in the government ot the state, and under our political Bystem the courts of that government can alone be resorted to for trial and conviction of such offenders, but the acts themselves are proper subject (or your consideration, so far as they legitimately tend to prove the crime charged in this indictment, and which haB been made an oflcnse agaiust the laws of the United States. Ic is not for you to consider whether these laws are wise or unwise. That was the duty uf congress when it passed them, and having been passed neither you nor the court have at this time anything else to do but to sec- that they are properly enforced. Their object ia to protect United States citizens in the lawful enjoyment of constitutional rights. They are a3 open lo whites against blacks as to blacks agaiust wliites. Their object is to prevent the calamity calam-ity of a war of races. There is no inquiry in-quiry to bo made about who causes an indictment on a trial, or whether the state has boon unwilling or unable to punish officers against its own laws. It is enough that government sees fit to bring the case before the court. The defendants claim that they were acting as officers of law for am sting two negroes who attacked Mrs, Harley, and afterwards for the suppression of a riot by colored men. t-ioveruoient chums that the law was used aa a pretense and cloak of a conspiracy already formed against Busti. Thia, the main point, must ee determined oa circumstantial evidence evi-dence alone. If that evidence is full and complete, it is as convincing as any, but to warrant a conviction it must harmonize with tho theory of guilt, and be entirely inconsistent with any other rational conclusion. A conspiracy need not have beeu formed against Bush, individually individu-ally or by name, but ouly againat a class to which ho belonged, and that in the execution of a common com-mon purpose it was actually carritd out against him. Iich conspirator is equally guilty, and the acls and declarations afore, wiiilo actually en-gsgetl en-gsgetl in giving etlect to the common purpose, may Le givtn in evidence against conspirators having a common purpose; but isolated acts by individuals, indi-viduals, aithotigh engaged in" a conspiracy, con-spiracy, cannot be used against the others, except it is done in tue further ance of the common purpose. All who were present during the acts ot violence are not necessarily conspirators. conspir-ators. Sdme may have supposed the whole object of tee assemblage was to suppress the riot and keep the peace. Tnese points are to be determined. You may return a verdict, 1st, ot guilty as to ail upen all c:uuts; "Jnd, not guilty as to ad upjn all counts; 3d, guilty as to some upon all counts, and not guilty aa to others; -i'.b, guilty as to some upon one or more of the counts and not guilty as to the others. The burden of prcuf is wisely put upon by the government, Tutse men arc innocent until proven guilty beyond a reason ab'u doubt, but a reasonable doubt is more than a cup-' tious, vague notion. It must have reason attached. The government demands an indt-pr ndent judg ment of each juror, and no compromise by winch tho majority shall decide should be as Itwful or conscientious. HacIi muat carry his own load ot responsibility and render a verdict according to his oath. You must harmmiize views il possible, but only in accordance with the fact as you remember and compare them. ! A single word more. It has been 'argued before you that this is a political politi-cal trial, and that the prosecution has been instituted aod carried on for political purposes alone. Such argument, argu-ment, gentlemen, should have no in-lluence in-lluence with you. Tho case, to you and to the eourt also, is political only in the sense that it grows out of an alleged offence against the political rights of a citizen of tho United States secured to him by the national constitution. con-stitution. That a number of citizens of the United States have been killed there can bo no question, but that is not enough to enable the government of the United States to interfere for their protection. Under the constitution constitu-tion that duty belongs to the Btate alone, but when an unlawful combination combi-nation iu made to interfere witli any of the rights of national citizenship secured to citizens of the United Slates by the national, constitution, then an oflouce is committed against the lawe of the United States, and it is not only right, but the absolute duty of the national government govern-ment t J interfere and afford to its citizens that protection which every good government is bound to give. The case, as alleged in this indictment, in-dictment, is such a tease, and you as citizens are bound to lilt yourselves above the political arena and render your verdict regardless of popular clamor or partisan oxcitement. The statute which to-day is invoked for the punishment of an oflense against a colored man may to-morrow be used for tho protection of a white man. All citizens of the United Stares, whether tho be whito or black, are included within its previsions. pre-visions. You have, gentleman, a solemn and important duty to perform, per-form, and the case is committed to your moat careful consideration. Tho case was then given to the jury, who have been out all day, Few anticipate an agreement. |