◆ SpookStack

JN 44-1 "news stories and all clamor from the outside, and to fairly and justly and honestly decide, each for. himself, solely from the evidence and testimony presented to them. in. the grand jury room as to whether or not probable cause _ existed.for indictment. The grand jury was admonished to vote their own honest and sincere and conscientious convictions on that question solely from the evidence and testimony before them under oath in the grand jury room. . This was a veryintelligent and a very fine grand jury, composed of a good cross section of citizens from the entire Southern Judicial District of Mississippi. It must be and is presumed that they did their duty in accordance ‘with those instructions. That some others throughout the district may have formed an impression of some kind of guilt or innocence of these defendants does not show any prejudice in the mind or on the part of these grand jurors in performing their official duties here. That motion -is without merit and will be overruled, "3. -The defendants (except Jordan) move to dismiss the indictment for failure to state an offense against, or a violation of any laws of the United States. The indictment is in Sur counts, -The first count is © for the conspiracy under 18 U.S.C.A..S371 to violate 18 U.S.C,A,.8242,: Six overt acts in furtherance of such cOhspiracy are stated. The second, third and fourth counts. charge all of the defendants: ‘with a violation of 18 U.S.C.A, $242. Lawrence Andrew Rainey was sheriff, Cecil Ray Price was deputy sheriff and Richard Andrew ~Willis was a police officer of the municipality at all material times, The other defendants were’ at all times ‘private individuals and so acting, Surely,. Section 242 was a valid law of the United States at such time, The indictment states and the motion for its purpose admits that two or more of them conspired to. violate this law of the United States on this occasion. It is immaterial to the conspiracy that these private individuals were not acting under color of law at such time so as to be vulner- able to 8242, They are not charged with having violated gd $242 but are charged with having conspired to violate ‘ . sf f 5G -ABle * seme eee nek to FE Pre kek UI Rapp time pte debeaede dp nf ence hannah hint efoto rmemen to +