Newspaper Page Text
VOLUME XI.-NUMBER 1883.
CHARLESTON, THURSDAY MORNING, JANUARY 18, 1872.
EIGHT DOLLARS A
THE K?-KLUX TRIALS.
THE FIRST CONVICTION FOR MURDER.
Forming tbe Panel-Objections or the
Government- Jhe Opinions of Jadges
Bond and Bryan--Gunthorpe & Co
Again on tbe Stand.
The United States Circuit Court assembled
at tte usual hour yesterday morning, Judges
Bond and Bryan presiding, and proceeded at
once to the trial of Elijah Bose Sapaugb, ot
York County, Indicted for conspiracy against
''Tom:1 Boundtree and murder. The govern?
ment was represented by District Attorney
Corbin and Colonel Merrill; and John P.
Ficken, Esq., by assignment of the court, ap?
peared for the defendant. The defendant
pleaded aot guilty, and the impanelling ot' a
jury began. This proceeded quietly enough
until the thirty-one names to be drawn from
had been exhausted, and then the jurors that
had been rejected by the government were
ordered to be called again. The first ot these
w. s Mr. Thomas S. Mills, of Chester, an intel
Irgf?nt, due looking gentleman o? middle age,
who bas been invariably challenged by the
government in every case of conspiracy in
which his name has been called at this term of
' On this occasion he was subjected to a very
severe and searching examination by the dis?
trict attorney, with a view of proving him in?
eligible as a juror under that clause ot the
Enforcement act which provides "that no per?
son shall be a grand or petit Juror who shall,
in the judgment of the court, be in complicity
with any such combination or conspiracy."
. In reply to the questions of the district at?
torney, and to the cross-examination of Mr.'
Ficken, Mr. Mills swore that he was not a
m-mber of the Ku-Klux organization and
never had been, nor of any secret political
organization. In regard to his connection
with what the district attorney termed the
raid on Chester, he said that on that night he
was in command of a body of armed men,
citizens of Chester, who were called together
by Mr. Davega, the intendant of the town.
The men were called together because a com?
pany of colored militia were coming from
Carmel Hill to enter the town. There were
apme men there from Bock Hill, not In dis?
guise. Dr. E. T. Avery was not there. Ire
dell Jones was there. They came down on
the train at about 10 P. M., and stayed till the
next morning. Did not know whether they
Were Ku-Kluxes. Knew nothing about the
Ku-Klux Klans. Did not know who did the
firing at that time. Was not connected In 1868
with the Ku-Klux Kiana, Council of Safe ty nor
anj^secret political society, and never had
been.. Old not know who shot the colored
man that night. If he knew, would not
hestltate to tell. Did not know whether
Jerry Walker shot him or not. Did not think
teat he did. Did not think that he was with
the Bock Hill party that night Did not know
Whether he was a member of any secret politi?
cal organization. The company which be
commanded was a body of young men called
npon to resist the entrance of the company
from Carmel Hill, and he (the Juror) was put
in command by the Intendant. The Intendant,
with the sheriff and Major Ryster, the major
Of the militia regiment, had gone out to the
colored company and asked them to disband.
It was in obedience to the authorities of the
town that his party had come together. The
colored company was a regular militia com?
pany. They were not on drill or muster. They
-came to Chester to get ammunition. Did not
understand the militia company came to seek
protection. 'Was satisfied that was not the
-case. The militia company in the town, com?
manded by Captain Lee, was also called out
by the Intendant, but were afterward dis?
banded and sent home. The intendant
and all the prominent citizens were anxious
that no collision or bloodshed should
occur. Believed the sheriff induced the
".company to disband because he knew
that there would be a collision. His men
. -(the juror's) were not called out until the
?ring commenced at the depot. There was
no^rganlzatlon among them. They bad at
one time tried to organize themselves into a
company of the State militia, but the Gover?
nor would not allow them. They came out
.promptly at the call of the intendant, Justas
the young men of any ote ? : town would come
out under similar circumstances. He believes
that during the next three or tour days there
were four men killed. Did not know that there
were seventeen men killed. Had no idea
that there were. Had heard various rumors
at the time. Had heard there were two hun?
dred killed. His party did not continue un- .
-der arms ai ter that night. The next morning
the militia company left the town with a
promise that they would disband when they
had got five miles away from town, but they
did not do lt. Did not understand that they
were attacked by armed men. There was a
great anxiety among the people at the time
In the whole country. The people were con?
stantly on the look ont for trouble. He was
president o? the fire engine company In Ches?
ter. The .party from Bock Hill did not go
around and disarm the negroes that night.
Judge Bond asked the district attorney if
he had any testimony to show that there were
disguised men in the town that night, or that
any of the parties'Indicted tor conspiracy had
been there in command.
Mr. Corbin said that he bad witnesses in the
city who could testify to lt, and he sent for two
Jfeldge Brown, colored, was the first witness.
He testified that he belonged to the Carmel
Hill militia company, and had assembled on
Sunday night at Pilgrim -Church, because the
Ku-Klux had threatened them. While there a
party ot disguised men, between sixty and
?one hundred in number, charged up the road
and shot at the company, who returned tim fire
and drove them away. The next mbrnlng
they went to Chester lor protection. There
were seventy-five oj eighty men in the com?
pany. They were met by Mr. Davega and
.others before coming Into town, who told
them to give up their arms and go back and
they would be protected. They had no inten?
tion of attacking the town, and did not bother
anybody thal day. They came Into town
and the people wanted to fight them,
but Lawyer Brawley ordered them
not to fight. They started back on
Tuesday by Major By s ter's orders, and went
out to Walker's mill, and up to the forks of the
road within five or six miles of the Pilgrim
Church. There they were met by Major
Wiles and Dr. McCullom, who told them to
disband and go home. Their captain said :.
?'What shall I do, the Ku-Klux say they are
going to have my head ?" They stayed there
that night, and went Into the woods, where the
wltneBBgot "confernedly lost." The next morn?
ing the Ku-Klux came on them. Witness did
not know how many there were of them, but
there was a "heap of 'em." The first man
they shot waa Uncle Beuben Castle. Then the
c?ptala made ;hem get up and "buckle
their harness," and they got out on the 1
road, saw the men, fired at them, and t
battle commenced. They lost two coloi
?. M. Good, white, next testified that
lived in York County, was a Ku-Elux and I
longed to Madison Small's Elan. They we
ordered out at the time of the Chester rii
and ordered to go down to Chester to "lo>
for the milisb, and clean out Jim Wilke
company." There were nine of them order
out, three of whom had disguises. ' They on
went about a mile, and were fired on by t
negroes, and went back. That was on Sundi
night before the fight at New Hope Churcb.
Mr. Ficken then addressed the court, dali
iog that Mr. Mills waa perfectly eligible as
juror. He said that the attempt to show coi
pllcity on Ms part witt?1 Ihe Ku-Klux orgai
zatloo had wholly failed. The whole comm
nity ot Chester at the time referred to was
a state of Intense excitement. Mr. Mills wi
a gentleman of high position ia the comm
nity, and he and his friends assembled spot
ianeously in defence of law and order. Thei
had been a fearful dread of this visit ol tl
militia company, and the peaceable citizens <
the place in that time of confusion and di
trust were looking here and there for safel
and self-protection. The most that bad bee
shown was that the Ku-Klux bad been in th
neighborhood, but there was no Jot or tittle <
evidence to show that the Juror had been 1
sympathy with them. He had known that a
armed body of colored men were approacl
log, and bad known of the bitterness bc
tween the races, and what was likely to rc
suit. T:.? citizens of Chester had, doubtlesi
reasoned among themselves and round tha
there were men In the community who wer
impetuous and rash, and they felt lt their dui;
to come out as a posse and standibetween tb'
men on either side, who were ready to commi
excesses, so as to preserve the peace. Tbi
most that could be claimed by the govern
ment was that there was a faint suspicion o
a latent sympathy on the part of the Juror
but there was no sufficient cause to Induce tb*
court to find the gentleman unfit to serve as e
Mr. Corbin replied that ii was not neceasarj
for them to show that Mr. Mills was a membei
of the Ku-Klux Klans. He bad sworn that he
was not, and the government did not propose
to go Into that question. The act! only re
quired the court to be satisfled-tbat he acted
In complicity with them, and he argued thal
the evidence went to show that he did co
op?r?t? with them on the night In question.
Mr. Mills then asked the permission of the
court to make one statement, andibegged that
In view of the contention that had been caused
and the attention that had been attracted to
his case he be excused from attendance upon
Judge Bond said that the object of tb/ law
in Its provisions as to the qualifications of
jurors was not only that the court might be
satisfied that they were free from bia?, but that
the public might also see mat they were free.
The act excludes any one from serving on the
jury who is an accomplice, or who advised or
aided the conspiracy or combination. One
count of the indictment in the present caae
charged a conspiracy to prevent the colored
people from bearing arms, and the Juror had
testified that the colored militia in the town
had been disbanded and their arms taken from
them by the party whom be commanded. The
object ofthat party was, therefore, the same as
that of the party who attacked the militia
company from Carmel HUI, and they assisted
materially in the same direction. He thought,
therefore, that the juror ehould be excused
from serving if he wanted to be.
Judge Bryan said that he thought lt neces?
sary to express bis judgment upon the point.
He would not desire to force the Juror to serve,
but he thought from the oath that he had
taken, and ?rom his evident candor and high
character, that lt bad not been proved that be
had in any just sense had any connection or
sympathy with Ku-Kluxlsm. The oath thai
he bad taken Indicated the meaning of the
statute. The Juror must have known of the
combination and conspiracy In order to have
acted with lt as a confederate, and he had
sworn that he did not know of the organiza?
tion. So far as he could see, the conduct of
the Juror at Chester was in the Interest of
peace cr.d not of oppression. He said this
from a sense of duty, and without any desire
to insist upon his serving on the Jury. But
If all the Intelligent men of the State were to
be excluded on that ground, they would be
unjustly excluded,.and the juries would not
be fair and Impartial juries.
Judge Bond announced that the court would
excuse the juror.
The next name called was tbat of Ebenezer
M Wells, white, of Cheraw, Chesterfield Coun?
ty. He was also examined at-some-length by
the district attorney, and replied that In case
of a defendant charged with murder, if the
evidence was clear to bis mind, he would, of
course, bring him in as guilty. He was not
conscientiously opposed to capital punishment;
had expressed no opinion, and had no blas In
regard to the case. He had no complicity with
the Ku-Klux, if there were any. Had never
seen any Ku-Kluxes, and knew nothing about
it. Had not known of any colored men bav.
lng been whipped in Chesterfield County, and
had never beard of such a thing. Never bad
declared that the court had no jurisdiction In
these oases. He was accepted and sworn in.
Mr. Campbell W. Getty, white, of Charles?
ton, was next called. In reply to questions
by the district attorney he said he had never
denied the jurisdiction of the court. Had
never subscribed to a fund to employ counsel
to defend the Ku-Klux cases-- and had Derer
seen or heard of such a subscription. Ile was
not opposed to capital punishment; and ll a
party should be found guilty of murder would
be one of the first to want to have him banged.
This appeared satisfactory and the juror was
Mr. Alexander F. Black, of Charleston, bad
been on the jury that had disagreed upon the
last, murder case, and was peremptorily chal?
lenged by the district attorney.
Mr. Andrew M. Moreland was next called,
and after a brief examination was accepted.
ThiB completed the jury, which ls composed
as follows: James Fillebrown, white, Cheraw,
foreman; Thomas W. Berry, white, Columbia;
Jacob Mills, colored, Charleston; Stephen
Hare, colored, Charleston; James F. Green,
white, Charleston; Matthew Wilson, colored.
Cokesbury; Lee Brewer, colored, Chester?
field; Alfred .Birch, colored, Che.-terfleld;
Robert Howard, Jr., colored, Charleston;
Ebenezer M. Welle, white,Chesterfield; Camp?
bell W. Getty, white, Charleston, and Andrew
M.'Moreland, white, Charleston. Six white
and six colored.
The indictment was then read to the jury,
and Mr. Ficken filed a formal plea of objection
to ttie Jurisdiction of the Circuit Court and to
the right ol the court to try the charge of
j Mr. Corbin then briefly addressed the Jury, j
and called, as the first witne.- for the cover
ment, Kirkland L. Gunn. Ur. Gunn repeat?
the same testimony that he had given a seo:
of times before at the last term of the com
describing the Ku-Klux Klan and bis corine
tlon with it. On cross-examination the fai
was brought out, as it had been brought ot
before in Columbia, that the witness had goo
to Attorney-General Akerman to tell hil
what he knew about the Ku-Klux, and tat
Ur. Akerman had given .bim two bundre
Thomas L. Berry was next called, and h
also recited* his former testimony about th
Ku Klux Klans, their constitution, by-law;
grip?, oaths, countersigns, &c. Neither c
these witnesses knew anything about th
defendant, and had never seen bim before.
The next witness was Shuford Bowen
white. He testified that he lived In Clevelani
County, North Carolina, half mlle from tb
South Carolina line, and wa3 nineteen year
old. He belonged to Frank Eilis's Ku-Klu;
Klan, and was on the raid against Ton
Roundtree. The party met at Uoore's Mill
on Buffalo Creek, in Tork County, about tei
o'clock at nlgr*. There were seventy 01
eighty In the crowd. They went to within <
quarter of a mlle of Bound tree's house, when
they left their horses, leaving four men tc
take care of them. Then the party, with th?
witness, went to Boundtree's house, Jumpec
over the fence and surrounded the house
Witness threw some rails off the fence to give
Roundtree a signal to make bis escape. Some
body fired a gun; didn't know whether lt wae
Inside or. outside of the house, and then a
good many of the party fired. Turner Spen?
cer and the witness then broke in the door ol
the house and ran in. Did not find Round
tree In the house, but eomebody said he waa
up in the loft. By this time the witness, a
man named Humphreys and the defendant,
Bapaugh, were standing in the entry. Some?
body fired up into the loft, and Roundtree ran
Lo the edge of the loft and fired down into
the crowd and hit Sapaugh, the d??
tendant, in the breast and the wrist.
Boundtree then Jumped out of the window
and ran. The witness ran around the house,
heard some shots fired, and saw Roundtree
drop. Witness and another man took hold ot
him and helped him up. Roundtree had sev
aral guns and pistols In his house, and they
told him to show them where they were, and
he said he would, some one then told Henry
Sapaugh, brother' of the defendant, that
Roundtree bad shot his brother, and Henry
3apaugh drew his bowie knife and went out
to Roundtree. Witness was afterward told
that he cut bis throat. Then they heard some?
body sing out, "Here are the Ku-Klux," and
the party went to their horses and rode away.
Roundtree was a colored man, about thirty
live years old, and had a family. None of his
family were injured. Witness saw the de?
fendant In the house, and saw him at the ren?
dezvous. Witness had been on one other
raid. That was on John Moss, la York Coun?
ty. The party met at night In an old field,
went to the house, and dividen Into
three squads. One- squad went to Jane
3kates's bouse, but did not find her. She was
a white woman. Witness and bis squad then
?olned the party going to Moss's house. Wit?
ness ordered the door to be opened, and called
for the Wright boys. Saw three persons run?
ning away. Tben went back to Jane Skates's
house and tore lt down. It was a small frame
sabin. Then tbey went to Jane Mehila's house,
surrounded lt, went in and found nobody
there. They took up the boards and found
Jake Wright, John Mosa and John Wright
ander the floor. Took them out, and took
them up the road about three hundred yarcjs,
made them strip, and whipped them. Then
went back to Jane Mehila's house, took her
out to the road and made ber ile down, and
the defendant daubed her person with tar.
Thea witness ordered her to be gone from the
county within three days.
The witness was cross-examined by Ur.
Ficken, and said he Joined the Ku-Elux In
1869. Was not eighteen years old then. He
had not been in sympathy with the object of
the raid. Robert Moss, another of the parry,
had said he didn't want to have the man killed.
Did not know whether the defendant was In
sympathy with the raid or not. Witness bad
understood that the woman, Jane M eh ll a, was
it woman of bad character. That was the ru?
mor through the country. Witness was spokes?
man of the party, because his voice was not
known in that neighborhood. Witness order
ad the defendant to apply the tar to the wo?
man. Witness was not certain whether lt was
lie that ordered the woman to lift up her
jlotbes. Everything the defendant had done
ie had done by orders communicated to him
Dy the witness. Did not know whether be
nbeyed the orders unwillingly or not. At the
raid on Tom Roundtree witness supplied the
lefendant with a gun and ammunition. Wit?
less had a small revolver of his own.
John B. Ferris, white, was next sworn. He
esilfled that he was thirty-nine years of age,
ind had lived in York County until February
12,1871. Knew Tom Roundtree. He was a
roter, and always voted the Republican ticket.
Saw his body after he was killed. His throat
was cut, asd there were thirty-three shots on
his body from bullets and Duckshot. An Inquest
was held on the body on the Uonday after he
was killed. Witness was raided on on the
night ol February 10th, 1871, and he described
it great length the circumsiances of the raid
on himself. On cross-examination the witness
testified that he knew the defendant. Did not
know whether he \ras among the party that
raided on him, and bad no reason to believe
that he was. Witness was captain of a militia
company which had been disbanded, and had
fifteen or sixteen guns in his house which had
belonged to the company.
William Bras was next examined, and testi?
fied that he lived in York County and knew
Tom Roundtree. Roundtree was about thirty
five years ot age, was a voter,and had always
voted the Republican ticket. Nb cross-exami?
This concluded the testimony for the prose?
cution, and at hall-past three o'clock the court
took a recess uutll 7.30 P. M.
The court reassembled In the evening, and
Mr. Ficken began his address to the Jury. He
a'luded to the position ol the defendant stand?
ing alone before them, charged with the
gravest of crimes, and with his own lips
sealed by the laws of the court in his o wa be?
half. He called the attention of the Jury to
the disturbed, chaotic condition of affairs In
this State at the close of the war. Govern?
ments were made and unmade in the twink?
ling of an eye. Not even the best lawyers of
the State could always tell where they 6tood.
There was co need to speak of the barn burn?
ings, the acts of Incendiarism, and other acts
of lawlessness, for the jury were familiar with
the history of that time. He would admit that
secret political organizations were wrong In
principle and wrong in effect, but they did
exlBt. The body politic had its diseases,
Just as the physical frame has Its aliments,
! They were confined to neither party. An
the Republicans was the powerful U
League, with Its widespread Influences,
this time another organization was fort
and became popular among the people of
up-country. It was not universal, bu
was widespread, and lhere was e<
palliation and excuse for Ignorant men be
drawn Into it. . He called attention to the :
that all ot the witnesses had said they w
duped Into Joining the organization. They w
humble men who had been In the habl
receiving their opinions at second-hand. '.
history of the people lu that county sh<
that they have long been Influenced by
leading men of the community, and they w
told by such men that this movement *
right and proper and necessary. The defe
ant did not deny that he belonged to the ord
but he denied the great mass of charges tl
had been drawn up In the indictment, if
erred In following the advice and Influence
leading minds In the community, they mi
admit that be erred naturally. Referring
the first count of the Indictment, he asked
lt could be believed that the defendant,
Joining the organization, did so with an int?
tlon ot going into such a fearful conspiracy
was described. In another count it vi
charged that the prisoner combined,
certain date, with the avowed purpc
ot preventing Thomas Boundtree from vi
ing on a certain day rn October, 1872,
day which bas not yet dawned and which t
prisoner nor the long list of persons Jolm
charged with him might never see. Next,
is charged that this poor man, Bound tr?
was punished because he had roted mont
before, but no connection had] been shot
between that outrage and thal act of snffrag
Another charge was of conspiracy to preve
Tom Boundtree from exercising the right
bear arms, but no panicle of evidence hi
been brought to show that the defendant e
tered into any such conspiracy. By the la
of conspiracy the defendant would be clear
guilty ot any crime that might be Involved
what was agreed upon at the time of his Jol
lng the body. The basis of that organiza tlc
had been shown in Its constitution, which ht
been put In evidence, and the limits of tl
conspiracy Into which the defendant entere
were found In the objects stated in the const
tutlon. The prisoner had undoubtedly bi
longed to the organization, but he had abai
doned lt as soon aa be could, and* had volui
tartly surrendered himself to the authority
of the government as soon as the
made their appearance. As to tb
more serious charge of murder, one <
the witnesses had testified that going to th
house of the poor man, who was killed, he ha
thrown down the rails to warn the victim an
allow him to escape. The prisoner, perbapi
had done the same, although by the law of th
United States be could not go upon the stan
and say so. The two counts charged the. d(
fendant, first, with the shooting of -Thoma
Boundtree with shot-guns, and, second, th
cutting of his throat; but all the evidence the
had been brought showed only that the di
fendant was In or near the party by whlc
these acts were done. Mr. Ficken careful!
reviewed the testimony, pointing out the die
crepancles and the character of the witnesses
ali of whom were, by their own statements
gullly of the. same crime that ls chargei
against the prisoner, and one of whom hat
been paid two hundred dollars by the attoi
ney-general of the United Stales without an;
apparent reason. In regard to the abuse of i
woman that had been charged, that aurel;
was not a conspiracy against a voter, and wa
not an offence of which the court could taki
any cognizance. It was a fiendish outrage
however bad the character of the womat
might have been, and lt should be punished
but it was a crime.with which that court nae
nothing to do, and which was not for the Juri
to consider. As to the charge ot mur
der, how did lt come that the verdie
of the Jury upon the Inquest had not been pro
duced ? That was au important dooumenl
which should have been produced, and Its ab?
sence left them In the dark.
Mr. Corbin replied on behalf of the govern?
ment. He said lt was not a case in which thc
prosecuting officer''could find any pleasure,
but lt was a stern duty on the part of thc
Judge, the Jury and the officers of the gov?
ernment. The law was necessary for the pres?
ervation of society and civilization, and the
law said to every man who commits a murder
"you shall die." While they might have sym?
pathy or pity for the man who can be led Into
the commission of murder, they should also
take Into account the case of his victim, who
was cut off lu a moment, and whose family
were left, unprovided for and destitute, to
mourn bis tragic.end. He then proceeded to
review the various counts of the indictment,
and claimed that they were all clearly proved,
and spoke of the horrible nature of the crime,
and of the duty resting upon the Jury to find a
verdict of gullly, however painful the duty
Judge Bond then briefly charged the Jury.
He said lt was not necessary lor him to speak
at great length upon the first count as he had
BO often charged in regard to lt. The |ury was
to discover whether any such conspiracy had
been proved, and that they could discover
either by the testimony of the witnesses who
Bald they were members of it, the constitution
of the order, or by the conduct of its members
as given in evidence. The second count
charged the same conspiracy, and that in the
prosecution of that conspiracy a murder was
committed. The crime ot burder was easy of
d?finition. It was the premeditated killing of
a reasonable being with malice aforethought,
expressed or Implied. The term malice did
not mean, in the seuse of the law, any per?
sonal hatred or malignity toward the person
killed, but it meant that condition of heart
that Indicates a person devoid o.f social leel
iDg or without regard for social duties. If a
man points a gun at A, and Ares with the in?
tention of killing A, but misses him and kills
B, that man is guilty of the murder of B. As
to what degree of participation is necessary
to make a party a principal, the Judge charged,
that ail are principals who go out together to
do an unlawful act. It was not necessary that
the parly do the fatal act. It was only neces?
sary that he should be present, standing by
and ready to give assistance ll need be. The
Judge gave various other Instructions upon
minor points ol the Indictment, and the Jury
retired at 10 P. M.
Aller an absence of exactly fifty-five min?
utes, the Jury returned with a verdict of guilty,
but recommending the prisoner to the clem?
ency of the court and the Executive. Mr.
Ficken entered a motion In arrest of Judg?
ment, and the court adjourned until this morn?
ing at ten o'clock.
The grand Jury yesterday returned true bills
of Indictment for conspiracy against Ellas
Burnett, Barnett Bussell, James Kimball,
John Chapman, Creighton Pope, Benjamin
Strickland, James Calvin Moore, Pluckney
George, Bryant Bonner and John Barnet. In
f the case of W. M. Falt?n, ot York County,
Indictment returned on Thursday was
for conspiracy, Instead of conspiracy and mur
der, as before reported.
On motion of Asher D. Cohen, Esq., Mr
John P. Hood, of fork, a gentleman sixty
years of age, charged with conspiracy,
released on ten thousand dollars ball.
On motion Of the district attorney,
charges of murder were struck out of the In
dlctments against Walker Dawson, Walter P
Antony and Joseph Lackey.
The court ordered that B. J. Trent be re
moved from Charleston to Yorkville to serve
the remainder of his term of service.
The Ku-Klux In Columbia.
The Columbia Phoenix gives the following
report of the proceedings before the United
States commissioner on Thursday:
The case of Dr. Thomas McCoy and Major
John A. Leland, charged with murder and
conspiracy, were taken up. Several witnesses
were examined upon the part of the govern
Messrs. Jaeger and SlmpsoB, for prisoners,
made a motion to either discharge or allow
the prisoners to enter into recognizance
either before the commissioner or be dis
charged altogether, as the testimony adduced
before the commissioner was not sufficient to
The commissioner reserved his decision un
til to-day, at ten o'clock, when the court ad
Journed until ten o'clock A. M. to-day.
THE WAR CLOUD BLOWS OTEE
Prince Bismarck's Dispatch Friendly
LON'DON', April 19.
A special dispatch to the Daily News from
Berlin says that no ultimatum, as alleged by
the Dally Telegraph yesterday, has been sent
to the French Government by Bismarck
Count Yon Arnim, the German ambassador to
France, did convey a dispatch from Prince
Bismarck to the Government at Versailles, but
its tone was very pacific and highly flattering
to Thiers. The Premier in the dispatch stated
that he was convinced that peace was secured
between the two nations so long as the pres
ent executive of the French remained in
power. Ia the same - dispatch Prince .Bis
marck complains of the distrust ol the good
Intentions of Germany manifested by the peo
pie ot France. _
MYSTERIOUS MES. MASON.
The Beautiful Brunette Cornea Before
the Arms Committee.
The Washington correspondent of the Baitl
more Sun, under date ot the 15th, .says':
The woman In the case of the purchase of
French arms appeared and testified before the
Senate special committee to-day. A full com
mlttee room, Including several ladles, listened
to her testimony, which was entirely devoid of
the exciting Interest that was expected. Mrs
Ada Mason is her name. She ls a native of
Alexandria, Ya., and until recently was a resi?
dent ol Washington, though she was South
during the war.
She Is a bright, handsome, dashing woman,
and was fashionably attired. She read from
manuscript her direct examination, which
was simply to the effect that she had been
told by New York parties lu the fall or 1870
that she could make money by buying arms
of the ordnance office and selling them again
on commission. She replied that she could but
try. The witness then added: "They then
sent me a list of the ordnance they would
want, Enfield, Springfields, ammunition, Ac,
to tbe amount of $100,000 or $200,000, or more.
I went to the ordnance department and saw
the officer on duty* General Dyer was absent.
This gentleman told me the terms the arms
were selling for, and he saw no difficulty in
the way of a lacy purchasing arms, if she was
able to buy. U pon General Dyer's return I
again presented myself at the department
with a letter of Introduction. General Dyer
gave me the sacie information the officer had
given. He added the government required a
certain per cent, in advance, a margin ot
twenty-five per cent, on all purchases, before
tbe guns could be delivered, . to secure
themselves against losses; moreover, he could
not give me tue refusal of the guns, as be had
to protect himself against street speculators;
this I wrote to New York; thereupon Mr. Peck
presented hi m self at my house with a letter of
Introduction as a party who wished te get the
arms; he told me he represented' Mr. Norman
Wlard, who, being au enemy of General Dyer,
he could not be known in the matter, and he
(W.) was buying for Mr. McKenzie, agent of
the French steamers, and be (McKenzie)
bought arms for Gambetta. All the Influence
I had with General Dyer was the faith I had In
my capacity to accomplish the same others had
done. I have made money In legitimate spec?
ulations, and I did not see why I could not In
the speculation of buying arms. General
Dyer treated me the same as he would any
other trader who came Into his office-with
the natural consideration a soldier and a gen?
tleman would extend to any woman."
Mr. Schurz. Did you, at that Interview,
satisfy them that you could get the arms?
Witness. I thought I could get the arma If
they put up the margin $25,000, and it would
have to be put up In my hands, as I made the
Q. Was General Dyer at the Hoffman
House when you were tn New York ?
A. No, sir. I knew he had gone to the
Springfield armory, and I telegraphed from
New York to ascertain If he was there. I re?
ceived an answer that General Dyer was In
Q. Did General Dyer ever ask you for whom
were you purchasing arms?
A. Ye?, sir; and I told him for Mr. McKen?
zie, an agent tor the French; he said that the
only agents the French had to purchase arms
were the Bemingtons; be seemed to think that
Mr. McKenzie was not an authorized agent.
Q. By Mr. Schurz.-Mr. Peck, In hts testi?
mony, says that you deceived bim.
A. My failure hinged upon his failure to put
up the money as I desired. I really believe that
if he had put up the money I could have got
This ended Mrs. Mason's examination.
THE COURT OF CLAIMS.
WASHINGTON, April 19.
In the Senate to-day the deficiency bill was
taken up, when Morrill, of Vermont, offered an
amendment providing that the Jurisdiction of
the Court of Claims shall not extend to, or In?
clude, any claim for abandoned or captured
property received or collected either by the
civil or military authorities of the United States,
under the act of March 12, 1863, unless lu cases
commenced within two years after the sup?
pression of the rebellion, and where the claim?
ants have proved to the satisfaction of the court
that they have never given aid or comfort to
the rebellion. Cole moved to lay the amend?
ment on the table on the ground that lt was
not germane to the bill. Lost, yeas sixteen,
nays t went}-five.
PRESIDENT GRANT AND, THE KU
WASHINGTON, April 19.
The President sent a message to the House
to-day giving the full details of his Informa*
tion regarding the Ku-Klux Klan in several
South Carolina counties. His lalormatlon
was mostly oral, except that derived from
Akerman's " report, which asserted, among
other things, that these combinations embrace
two-thirds ol the active white men,'and have
the sympathy and countenance of a majority
of the other third. They are connected with
similar combinations in other counties and
states. Akerman accuses tbesa people of sys?
tematic perjury, whereby the prosecution of
the members ls defeated.
SPARKS FROM THE WIRES.
-The Mexican General Trevino has plenty
of men, but no food or forage.
-The civil service bill was recommitted In
the House of Bepresentatives yesterday.
-Gavazzl is seeking money, and says Plus
IX will be the last Pope. .
-Earthquakes In California continue. An
island ls rising in Mono Lake.
_A tram was thrown from the track, near
Crystal Springs, Miss. One lady dangerously
hurt, and fifteen slightly Injured.
-Tho Czar has settled Catacazy's hash by
sending bim to Paris with a pension of three
thousand roubles to be withdrawn If he makes
any publication or ls again found out.
GREAT LOSS, OF PROPERTY Hi CO
LUMBLA AND CHESTER.
Fall of th? \ew Market-House In
Iambi?-Th? Handsome Ballding
Mass of Rain?-No Lou of Life
[SPECIAL TELEGRAM TO THE NSW8.]
COLUMBIA, 8. C., Friday, April 19.
The great blow of Thursday, some ol
effects pf which were described In my dispatch
of yesterday, was fortunately of short dara
tion, and, except In Colombia and Chester, the
blustering winds contented themselves with
uprooting ' trees and laying fences low. Co
lumbla was reached in the evening, the storm
travelling In a westerly direction. A driving
rain accompanied the gusts of wind, whioh
snapped trees in twain and did some damage
buildings In course of erection. All these minor
losses were, however, dwarfed into Insignifi?
cance by the fall of the new market building
This made but a short resistance. The wood
work fell in with a terrific crash, and settled
mostly within the area occupied by the build
lng. All the brick work also toppled down
excepting that at the north and south ends
The building was nearly completed, but lt was
found that lt would not stand any extreme
pressure, as the ponderous roof stood upon
iron posts .unsupported by braces. No one
was burt by the fall. The huge timbers were
broken and rendered useless, and the whole
structure will have to be rebuilt. This will be
a heavy loss to the contractors.
A trestle eighteen miles below the city, on
the Wilmington, Columbia and Augusta Ball
road, was smashed by falling Umber, and the
cars were detslned several hours. SALUDA,
Th? Storm In Cheat er?-Slity.two Houses
Kn tl rr I y Deg troy ed-Four Fe non ? In.
Jared-?Hil?? of Fencing Blown Down
-The Los? $50,000-A . Meeting In
Chester to Take Mean? for Believing
the Suffer erg.
- [SPECIAL TELEGRAM TO THE NEWS.]
CHESTER, S. C., Friday, April 19.
The total number of houses, of all kinds,
entirely destroyed by the storm ol yesterday
afternoon, ls sixty-two, and a great many
other buildings are seriously damaged.
No person was killed. Paris A. Liles, David
Jones, Lucy Jones and Pauline Stokes, all
colored, were injured by falling bouses; the
first named seriously.
. All the outbuildings on the plantation of
Hrs. Gooch, four miles to the east of Chester,
were entirely destroyed; also the outbuildings
on the plantation ot Hrs. Rodan, four miles to
the west of the town. Hiles of fence along
the track of the storm were levelled to the
ground, and thousands of the largest fruit
trees were torn up by the roots, and in many
cases carried to considerable distance. The
total loss cannot fall short of fifty thousand
dollar', and falls mostly upon people In very
A public meeting of the citizens of the town
presided over by the Rev. L. C. Hinton, was
held la the courthouse this afternoon. A
committee of fifteen was appointed to raise a
fuud for the relief of the sufferers, and a com
mittee of five to ascertain the extent ol the
injury and the names of the needy, with in
s tm ?tions to report to an adjourned meeting
ot citizens to-morrow afternoon.
The house occupied by Judge Mackey was
rendered almost entirely uninhabitable, and his
furniture was badly damaged. Trna house was
Just in tbe track of the Blorm, but being a sub?
stantial houee was not blown over.
The handsome ?rounds of Major George
Melton were seriously injured by the uproot?
ing of the large forest trees which conBtltu
ted Its chief attraction. CHESTER.
THE STATE CAPITAL.
Cloting the Schools for Want of Fonds.
COLUMBIA, S. C., April 19.
There js a prospaot that all the public schools
In the country counties will be closed for
want of funds. The Legislature squandered
the public money, and the colored people are
thereby deprived of the means ot education.
JOTTINGS ABOUT THE STATE. .
-Mr.-William H. Harrison, or Greenville,
died of pneumonia a fe w days ago.
-A number ot workmen fell from an Aiken
scaffold. They axe now aching.
-The Court of General Sessions ls sitting in
-Mrs. Hary Edmonston died In Aiken last
Tuesday, In her 83d year.
-Governor Scott bas appointed 0. S. Curtis
atrial justice for St. Paul's,Parish, Colleton
County, vice Evans Brown, removed.
-Bethel Lodge,-No. 12, of tbe Independent
Order of Good Templars, was instituted at
Yorkville last week.
-Captain W. H. McDowell, lately [en gaged in
manufacturing phosphates In tbls State, died
at Cincinnati a few days ago.
-There was a noisy row iq Chester on Sa?
turday night between some citizens aud some
soldiers. Nobody burt.
-Mr. J. Oss?r Harley, son of Hr. Edward
Harley, died of appolexy, at the residence ol
bis father, near Barnwell, on the 13 th Instant.
<. -The Palmetto Fire Company of Greenville
make a fine show on parade, and are always
prompt al fires.
-On hunday night the stable of the Misses
DeCholseul, near i ne Episcopal Church, Green?
ville, was burned by Incendiaries.
-Plenty of candidates in Greenville-two
for State senator, two lor clerk and forty for
sheriff. All Democrats save one.
-An old English halfpenny, of date ot 1775,
was picked up near Aiken, by Mr. J. PeloL It
ls a very rare coln, and is quite highly prized
by the fortunate tinder.
-Mr. 0. C. Jordan, a crack rider and one of
the proprietors ot the Aiken livery stables, had
a fiery animal to run away with bim. Neither
the rider nor the horse received any Injury.
-The Rev. A. J. Stokes addressed the SODS
of Temperance lu Camden last Monday. Sev?
eral persons Joined the order alter the speak?
-For intendant of Hamburg, P. E. Rivera
received 136 votes; Y. D. Arnim 43 rotes, and
Mortimer May ams 5 votes. Rivers ls a
-On Saturday last, Hr. Julian A Selby, of
the Columbia Phoenix, was robbed of a gold
watch-and chain, ??Bjp in money, and some
valuable papers, In a sleeping car near Balli?
-Dr. A. Q. Bradley, who is on a visit to
Chester, informs the Reporter that the troop
of cavalry ordered to OpellKa lately waa for
the suppression of llliclc^distilJIng-not for
Ku Klux iruub'ea, , , , .
-Mr. Laban Ferguson, formerly a citizen of
Laucaster, died at his residence in Missouri, of
pneumonia, on the 24th of March last. The de?
ceived emigrated to Missouri a few years ago.
He was a good man and hiuhly respected.
-The Darlington Agricultural and Mechani?
cal Fair Company organized on Monday. Ed.
McIntosh, president, and T. P. Lide, vice
president. The directors were authorized io
purchase grounds at once, and erect perma?
nent buildings for holding the fairs.
-County auditor J. M. Brawley, of Chester
County, on Friday, made a settlement with
the State auditor, the first settlement ibat
bas been made for the year lt is stated. Mr.
Brawley slates that the taxes for 1871 bave
been paid up very closely.
-Tue Rica Hill Division, Sons of Temper?
ance, ls la a growing and flourishing condi?
tion. It uow nua?v%over thirty members.
Mr. Cephas J. Kee hf Lie worthy patriarch for
tbe current quarter. The division meets reg?
ularly on altercate Saturdays.
-We learn that on the 5th Instant, at the
saw mill ol T. J. Dyson, on Saluda, a negro
man named Wealey, Georae waa shot and kill?
ed by another, named Wash Williams. Tbe
decision or the jury of inquest was in accord?
ance with tbe fact we state, A woman, we are
told, was the cause of disturbance.
-A large number of cattle have lately died
in Marlon County of a bind of murrain. The
disease seema to be incurable. Ic attacks
old and young alike, and seldom, fails to pro?
duce death. Already the - number : destroyed
by this epidemic is estimated to exceed one
-Up to this date the amount of guano're?
ceived nc Chester depot during the present
season is fifty-four hundred sacks. Allowing
tea sacks to tbe ton,the quantity ls five handlea
and forty tons. The Reporter has no dc ubt
that the quanflty received at Blackstone's,
8mlth's, Lewis's, and Bock Hill, for farmers In
this county, is more .than double the amount
received at Chester.
-The Aiken Journal says: "Up to the 15th.
of April, 1870, eight hundred strangers had
visited Aiken that season. Last year up lo
the same lime there were twelve hundred,
and this season it gives us pleasure to an?
nounce sixteen hundred arrivals, and the iiea
Bon Is not over by any means. Both hotels
and many private boarding houses are still
full, white visitors are arriving by every
train. There must be still more than' four
hundred strangers In the place. Owing to the
pressure of the season beiore last summer,
Mr. Chatfield added seventeen more rooms to
Highland Park, and this summer we learn
that he contemplates adding another entire
building of flt ty rooms to his aireidy large
hotel. The proprietor bf. the Aiken howl*
spent several thousand dollars last summer In
improving the looks of his house, and will no
doubt make still further additions this sum?
mer. OD the whole, there Is every prospect
that Aiken ls going ahead, and tho only Thine
ls for the people of the place to. keep the bau
In motion as much as possible.
THE POLITICAL WOHLD.
A Strong Pennsylvania Delegation to
PHILADELPHIA, Aprl? 19.
The following gentlemen have issued' an
address to the people of the State, and an?
nounce their determination to attend the
Cincinnati Convention: John Hickman, Da?
vid Barolay,_W. w. Irvin, Wm. Painter, Tho*.
J. Warrell, Wm. H. Armstrong, Wm. M. Ball,
Jas. W. Cake, E. Syle, Chas. Wl?tar,-Hein?
rich Wehler, Bob t. Morrie, W. W. B?ther/?rdt-*
J. C. Bamberger, Jae. M. McClure, Jay Cald?
well, Samuel Evans, Hiram Sutherland. H?ory
L. Cake, Morrow B. Lowry, A K. McClure, J.
B. Sypher, Wm. L. Dennis. 8. Darlington,
Caleb H. needles, J. Bayard Wood, Geo. D.
Cblney, Jonas M. walker, A. W. Bailey, E. Tv
Chase, Charles F. Ballinger, Chas.. Hoover.
Joshua Earner, B. F. Etter. .Theo. Herr, Dan'l
D. Dinmore, Jr., H. t. Jadgeon, J. M. Boyer.
The Philadelphia signers to the call meeton
Saturday to appoint a committee to arranger
tor excursion rates for delegates to Cincinnati
and to transact such other business' as may'
be presented. 'J' "
The Union League In the Field. ' "
NEW YORK, April 19.
- Governor Kewell, of New Jersey, ls elected
obalrman of the National Elective Committee
of the Union League. The resolutions pledge,
the support ot the League to the nom?neles of
the regular Republican Convention. ?
West Virginia Moving.
PARKERSBURG, April 19. ?
At a conference ot leading Liberal Repub?
licans and Liberal Democrats, held In this city
yesterday, it was resolved that the Liberal
Republicans of West Virginia who may attend
the Cincinnati Liberal Republican Convention
be requested to use ali honorable means to
secure the nomination of Chief Justice Chaser
to the Presidency. .
MIDDLETOWN, April 19.
The Orange County Convention, held here
yesterday, appointed olxteen delegates to the
The Democrats Organising.'
NEW ORLEANS, April 19.
The Democratic State Convention met yes?
terday at the National Theaire. General
Alexander was chosen temporary chairman.
There was a large attendance. A permanent
organization was not effected. The members
seem to be equally divided in regard to .the
nominations, mr.ny favoring a postponement
until after the Cincinnati Convention.
The Vote In Connecticu t.
HARTFORD, April 19.
The official vote for Governor ls ai follows:
Marshall Jewell (Republican) 4C,l>63: Rich?
mond L Hubbard (Democrat) 44,562:.Francis
Glllete (Temperance) 1549; A H. Harrison
(Labor Beform) 399; scattering, 26.
THE SHERMAN POISONING CAME,
* Nsw HAVEN, April 19. .
At the trial of Lydia Sherman, for the mur?
der of her husband, .the mother of Mrs. Sher?
man was examined. She noticed that, after
the deceased bad drank a oup of tea, which
the poisoner had prepared, he was seized with.
an Intense burning in the stomach and falntec.
The servant girl testified that Mr. and Mrs?
Sherman were kind to each other, but bad not
slept together for two or three weeks before
his death. G. H. Peck testified that Mrs. Sher?
man bought arsenic at bis store two or three
weeks before Sherman'died. She said: that
she wanted lt to klU rats with. Mrs. Sherman
bad con lesead this to the sheriff who arrested' '
her In New Jersey.
Professor Barker deecrloed tba manner of
bis analysis of a portion of Sherman's liver.
From six ounces weight he procured nearly
half a grain, and la the same proportion there
would have been five grains ia the entire or?
FLASHES FROM THE CABLES.
-The ship Marla from Bombay, March 15, ts
wrecked, and thirty-five lives are lost.
-Queen Victoria visited Napoleon yester?
-Premier Gladstone refuses to- answer any.
more questions about the Geneva arbitration.
-Laird's shipyards at Birkenhead were on
fire yesterday. Two persons were killed by
-The ministers were beaten in the House of
Commons, on Wednesday, on a motion to
punish veters for displaj lng their ballots. The
vote was 274 noes to 246 ayes, which was
hailed with Tory cheers. Mr. Thomas Hughes,
yesterday, moved au address to tbe Queen,
praying her to urgethe Spanish Government
to fulfil Its treaty obligations in regard to the
abolition of slavery in Cuba.'
THE WEATHER THIS DAT,
WASHINGTON, April 19.
Partially cloudy but pleasant weather will
prevail very generally from the lower lakes to
the South Atlantic States and eastward, with
light to fresh winds on Saturday. The pres?
sure will continue diminishing throughout tba
Mississippi Valley, With Increased cloudiness,
and probably rain, and extend eastward over
the Gulf States to the Ohio Valley and upper
lake r?gions. Dangerous winds are not antici?
Yesterday'* Weather Reports or* th?
Signal ^Service, C. 8. A.-4.47 P. M.,
29.84 80 W
?9.81 63 W
29 ?3 6? E
29.83 77 W
29.81 38 N
29.86 64 W
29.86 78 H
29.97 87 W ?
?9.84 64 K
29.18 64 Calm,
29.78 28 W
29.88 79 SE
29.74 67 W
29.83 64 NK
2 .78 68 NW
29.7 . 48 SB
29.82 79 W
9 8 66 NW
Gen i le.
NOTE.-The weather wport aveu 7 47 o'cJocX.
this morning, will be poattd tn tbe room? ? tue
Chamber or Commerce at io o'ciock A. a-, ana,
together with the weather ?"V<b*???.
courtesy of the Chamber) oe er ?mined by ?tun
masters at any tune during the day.