To put this matter beyond controversy I quote from the charge of Judge
Woods, of the United States circuit court, to the jury in the case of
The United States _vs_. Cruikshank and others, in New Orleans in March,
1874. He said:
In the case on trial there are many facts not in controversy. I proceed
to state some of them in the presence and hearing of counsel on both
sides; and if I state as a conceded fact any matter that is disputed,
they can correct me.
After stating the origin of the difficulty, which grew out of an attempt
of white persons to drive the parish judge and sheriff, appointees of
Kellogg, from office, and their attempted protection by colored persons,
which led to some fighting, in which quite a number of negroes were
killed, the judge states:
Most of those who were not killed were taken prisoners. Fifteen or
sixteen of the blacks had lifted the boards and taken refuge under the
floor of the court-house. They were all captured. About thirty-seven men
were taken prisoners. The number is not definitely fixed. They were kept
under guard until dark. They were led out, two by two, and shot. Most of
the men were shot to death. A few were wounded, not mortally, and by
pretending to be dead were afterwards, during the night, able to make
their escape.
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