Newspaper Page Text
COLUMHIA. s. c.
Wednwiay Morning, December 80, 71.
Th? Washington correspondent of tho
New Torie Tribune says that "Gen. Bntkr
ia examining the anbjeot of State indebt?
edness, i te magnitude and prospective in?
crease. Ol ooaree there ia authority
now for the Federal Government to in?
terfere with the rights of a State in this
particular, but it is doubtful if the peo?
ple are ready" to take ?his additional
stop towards centralization." Au ex?
change well saya that thia "shows what
strides Congress .has taken in the last
ton years, It now olaims the right to
supervise and regulate the local affairs of
the States." Thia is true. At the same
time, we cannot see how Congress; to be
consistent, can take hold of one State
matter without also concerning itself
with other State matters. Take the casi
of, South Carolina. Under an Act ol
Congress, made and provided for thc
purpose, General Grant, under the pre?
text of protecting citizens in theexeroisc
of the electivo franohise, has made cruel
war upon this State, aent hither hil
troops, established a military regime,
arrested a large number of oitizens, anc
seriously damaged the interests of om
people. The power of the Governmen
has been mercilessly used to put dowi
what ia alleged to exist of a oertaii
organization called Ku Klnx. And ye
the Federal Government never deemed
it its duty to put down the Loyaiiieaga?
organization, the causo, in part, of tb*
Kn Klux organization ; nor has it deemc<
it ita dnty to protect the whites of th
State against the infamous plunderer
who have been so long preying upon ou
people, and who largely contributed t
mako Ku Klaxism. General Batle
wants to make the Government oonsisl
out. If tho Government is to interven
and put down Kn Klnxism, why ahoul
it not intervene and nae ita strength t
pnt down the State robbers and bon
swindlers? The Attorney-General of th
State has been helping the Governmei
to put down Ka Klaxism. Let the G<
verament now undertake to put dow
officiai corruption, .and among the fir
for it to Beize will be the Attorney-Gen
ral himself-the legal help and agent *
an infamous ring. We hope Gener
Butler will look into our State indebtei
noss and the rascality of our offioial
If the General Government must inte
vene, let it intervene in another bebo
besides that of Ku Klnxism. It w
find that tho present prosecutors ha
at least one "thief, guiltier than hi
thev try." If they did wrong who hm
Captain Bainey or Williams, of Scot!
militia, did they no wrong who ha
plundered our treasury, excited ot
lawry and Ku Kluxed the credit and tl
prosperity of a whole State? "
Tbe eily Connell of toiumbu AXovIn
We learn that the Major and Aid?
men of thia city, nuder the hard pr<
euro to whioh they have boen snbjeotc
have gone before the Legislature witl
memorial, asking for authority to iss
oity bonds. We have not yet seen t
. memorial, but. we learn that it begi
with an assault upon the PHCENTX. \
shall meet the issue just as soon as t
dooumont appears. Unless we are gre
ly mia take n as to the power of tr ul
. thia Oounoil will yet find that no effrt
tory on their part will save them fr<
the withering blast of tho popular ind
nation. If the Legislature will hean
. we will beat them before that tribun
just aa we have already pat them to ct
f asian before the tribunal of the citizi
and tax-payers. That weighty Aid
man-Alderman and BepreBentativ?
Simons, has ch argo of the momori
Is he concerned about his market jc
Beaten before the oity, these people
to tho State House. Perhaps they n
not find the help they expect. .
Hr, Corbin Correr.teil-Justice to Ch
Justice Taney's Memory.
Mr. Corbin; in the Mitchell co
having retailed the error that I
Taney had said that tho negro had
rights whioh the white man was bot
to respect, was corroded by the H
Reverdy Johnson; who stated that 1
Taney had never uttered any snob sei
ment; but in the Dred Scott case, 1
siid that, as a matter of historical rec
and legislativo truth, the legislation
certain Northern States had been ba
apon tho idea that the negro had
rights which tho white man was boi
to respect. Mr. Johnson went.on
say, that it was not true that Mr. Ta
entertained or ever expressed for him
any such sentiments.
"Let the maj OB ty of the law bo vii
cate tl to its full extent," said Atton
General Ohamberlain, in his speech
tho prosecution, in the case of Mite
, in thc United States Court. So say
pnblio. Let this "majesty" be vi
cated even though it shall involvo
Attorney-Genorul himself. Let us 1
ont for the financial Kn Klux-of wi
Scott, Parker, Ohamberlain and Ki
ton are chief-the Financial Board
their agent. Pursue Ote ring.
Mr. A. H. Stephens is hopeful.
Bays: "Lot tho Domocraoy bo of (
oheer. AU that is necessary for t
complete success next year, in rcsci
the liberties of tho country from an
ponai despotism, is that wisdom ii
onced by patriotism whioh shall sc
confidence, union, harmony, coi
and enthusiasm, on the part of thoi
the United States, who are earnestly
posed to tho usurpations and oorrupt
whioh have marked tho progress of I
cal misrule for tho last flvo years."
Share in tho hope thus expressed.
-np w-:-1 11 ? . . ? 1-:--j-7~"
THE UNITED STATES Oraourp COURT
TRIAL OK EU KLUX OASES -MONDAY,
December lo.-Tho c?urt convened at
ll A. M., HOD. Hugh Ii. Bond and Hon.
George S. Bryan presiding.
Mr. Johnson closed the ^argument for
the defenoe before the jury". He com?
menced by disclaiming- fo* -himself the I
cherishing of auy prejadioe of race, and
deolared hie assurance that tho jury
would not be influenced by any soon
motive in the rendering of their verdict
He said :
I have never entertained a doubt that
we, the OaucBBiau race, and you, gentle?
men of tho jury, are the children of one
common parent-differing, indeed, in
the oolor of the skip; and a few points
of personal physique; but, asl am firmly
convinced, endowed with the same men?
tal faoulties, i possessed of similar in?
stincts, servants of the same God, des?
tined by him to the same high ends, and
equally accountable to him for the acts
committed hore on earth. If some oi
yon have been unfortunate in your edu?
cation, it is from no fault of yours, bal
is your misfortune, and the misfortune
of our common country. I, for one,
.have ever believed you entitled to all thc
frights and privileges enjoyed by yom
Ignorance, gross ignorance, may oom
fort itself with the enjoyment of some
thing of happiness while in n state o
slavery. The mere comforts of the pny
sical man may be his. The love of hil
wife and children may cheer bim, ba
happinoss, in its highest and most com
prehenBive sonse, is not his lot.
There is nothing more true than th
assertion that slavery takes more thai
half tho worth of life away. In rn;
mind, it takes al). Oar noble forefather
have said, in that grand charter of ou
rights, the Constitution, that all mei
aro endowed with certain inalienabl
rights, tho chief of which aro life an
liberty. They plaoe the latter upon th
I same grounds, and give it equal prom:
nonce with the former; showing that, t
their minds, life was not worth the ha\
I ing un lens accompanied with liberty,
trust you will do me the jaatico, genth
men, to bolicvo that I speak from m
heart as well as from ray head. Slaver
I bas been the ourse of oar age, and tl
only palliation for oar offence is, that
was not an institution of our formatioi
but was engrafted upon our land by tl
mother country. Fortunate, indee?
wa* the day of its abolishment. Tl
maroh of civilization, Christianity, ar
a more enlightened humanity, has taugl
the universal world that it was not on
I wrong and inhuman, but pernicious.
Tho late war, BB you know, coi
monoed in 1801. South Carolina fir?
the first gua in that mighty conflit
I that has resulted in the death of so mai
of our bravest and best citizens. Wb<
I say she fired the first gun, I do n
I mean to insinuate that sho did what s
I thought she had no right to do. Mai
of oar best, purest, most patriotic ai
learned oitizens conceived that the Co
I stitntion not only did not prohibit t
I withdrawal of any Stato from the Unie
I bat allowed it. South Carolina aoted
I she honestly thought right; bat a
acted wrong-fatally wrong. I am r.
I one of those who behove that the gri
I rebellion was the work of a designi
I few, but I am convinced that the gri
I mass of the Southern people were Iii
I with the zeal of a mistaken pa'riotis
I and aimed honestly for the raaintaini
j of what tboy believed to be thoir rigb
I Bat the war has ended, and ended
j saoh a manner as to crash forever th?
I erroneous constructions of tho Oonsti
I tion; and those gallant, though n
guided men, who, for four long yen
j waged that terrible conflict that she
to their contre the foundations of <
I Government, and who nlmoat surpass
in daring and manly fortitude <
grand old ancestors of revolationi
I f arno, have laid down their arms, t
j cordially accepted tho terms of poa
They are bound now in a oommon c
j tiny, and ar? as willing to defend, t
as eager tb promoto, tho prosperity t
I happiness of oar country, as any c]
I of mon within our wide domains. Y
as slave, need never apprehend a ret
I to servitude. I speak from u knowle'
I of tho men of the South, when 1t
that they would resist with all tl
chivalrous valor any attempt, should s
I bs made, to fasten upon yoa the fei
of bondages. Slavery is now dead, i
I dead forever, and I thank God fox
There is ono other point, in referenci
I which I desiro to make a few remu:
Tho At tor ney-Gene ral, Mr. Ch ami
j lain, in opening this caso asked, "Wi
I are tho parties to this conspiracy, 1
I they do not come forward and roi cu o t
distressed brother, by proving their ]
j poses guileless? Why have tuoy broc
distinguished counsel from abronc
represent them? They have come," i
I ho, "in the disohargo of their prc
aional duties, and not as knight-errn
to do battle in behalf of imprisoned
I desire to ask him what brings
here to engage so aotively in the pr
cation? Tho sphere of his ofBoial <
is to vindicate tho laws of South C
lina and attend to hor official mat
I It was his duty to prosecute
I convict those defendants in
criminal courts of Soatb Carolina.
I do not imagine that ho is a kui
errant, but that ho is here, not by
call of ?ovo, but a retainor, and a h
I soma ODO, I bavo no doubt. My
league and myself are hero, as ho,
purely professional oapucity, and a
shall severally discharge our respe?
duties, should we merit praiso or re?
condemnation. I listened to bim Si
day iu his masterly effort, and I ?
say I never hoard a grander displu
eloquonoe, legal knowledge and Io
forco. If he pursues bis profess
studies with such ability, I predio
I him a speedy riso to tho boad of bis
fes8ion. But bo will have you t
that I and my distinguished colle
aro hero to justify and palliate ci
Ho mistakes. I bavo listened with
oning horror to the reoitnhi of t
dreadful crimes 1 cannot juslif
would not try to palliate them,
violate every instinct of nature, roli
bamanity and manhood. Tho men
perpetrated thom were acting undo
pulses that deadened equally their
mont and thoir moral sense. The;
live to regret it, and if justioo doo!
overtako them at tho bar of this c
that still, small voice, that s]
through the heart, will make its
sonco felt; and if it has not yet BI
so as to startle them, I trust it wil
fore they aro called above to answi
'oro tho throno of tho Almighty Ra
tho universe; so speak as to make
ponitent, and that from their pani
and subsequent couduot.Jthoy may
If I thought this defeudant a
derer, ho would Hud no defender i
Wo aro boro for a far different phi
Wo believe, and I think may be par?
doned, ou account of oar long expe
rienee, for believing, that we understand
(lie political institutions ol uur ccuntrv;
and we deem tbe two Acta-the Aol of
1870, known as the Eoforooinout Aot,
?nd the Act of 1871, auder which this
Indictment ie laid-tb be unconstitu?
tional, and in violation of the rights of
all the States. We have come here, then,
to raise this question in the Supreme
Court, so that the true construction of
the Constitution may be elicited, and
these iniqnitous enactments expunged
from the statute books. We have suc?
ceeded in part. The court has divided
upon ono'question, and they have under
consideration two more. There will be
one, at least, to go there, and I hope I
may be allowed the pleasure of meeting
the learned Attorney-General in thal
arona, if he can be so long absent from
his official duties here. Let us look
now, and see what charges are embraced
in this indictment. Originally, there
were three con nts, charging separate auc
distinct offences. The first was, thal
tho defendant, with others, conepirec
with others to hinder and prevent, by
intimidation and other unlawful means
diverB male citizens of African deacon
from the free exeroise of the right ant
privilege of voting, at an ?lection to bi
held on the third Wednesday of October
1872. The second was, that he oon
spired, &c, to deprive James William
of the right to keep and bear arms. A
to the validity of this count, the oour
announced itself undecided, and th
District Attorney, almost with eatha
siasm, announces that he'll abandon il
though he had previously declared it o
the most vital importance. But I thin
he has a lingering ho e still to provo th
first and third ooun' ?, by his oharge i
the second. The th d count does nc
oharge tbe crime ot preventing poe
Williams from the freo exeroise of hi
right to vote in 1872, but that they pt
niahod him for voting for A. ti. Wa
lace, in October, 1870; that they went t
his house, on the 6th of March, 1871, t
injnro and oppress him for voting for A
S. Wallace, six months before. TL
conspiracy, then, as charged in tho fin
count, is against tho olootive franchit
in 1872. Now, what is tho evidooci
There is only one of tho witnesses-M
Gunn-who asserts that tho purposes <
the Ku Klux organization woro to 1
effected by the assassination of the whi
and the scourging of tho blnck liadioal
Some say the latter; but Gunn stan?
alone as to the assassination. Ii tut.
is any inforeuoe to be drawn from ci
oumBtances, I say there in not a partie
of credit to be attached to his stat
men ts. When did he join? In Jun
ary, 1871. This man, who dooma it L
duty to tell all ho knows about tho c
ganizatiou, says that he knew, when 1
joined it, that its object was assassin
tion. lie went upon two raids, with
full knowledge of this horrid purpoc
and, wben upon the stand, did not blu
to tell yon that, away six months aft<
wards, he felt it to bu bis duty to divul
Mr. Corbin here interrupted ni
Johnson, saying that he was mistak
in regard to Gunns going upon a
Mr. Johnson-Well, such certainly
my memory of the testimony; but,
course, as the District Attorney had
all ant and dried before-hand, and wr
ten out on paper before him
Mr. Corbin-I did not have it writt
Mr. Johnson-Well, then, the loam
District Attorney kept his eyes upoi
paper before him ?iat had nothing writ
upon it, that's all; and whether he b
the testimony written or not, he 1
there sitting beside him a friend, w
was fully possessed of all that the v.
nesscs were instrnoted to say, weeks I
fore this trial. I do not mean the Att
noy-General, but Maj. Merrill, who i
at his back, aoting the quasi legal ad vis
and manifesting au astonishing deg
of interest in this prosecution. Do
think mo os casting any insinuate
upon the gallant major. He has act
I presume, under the orders of bis
periois; bat I can bat say, with 1
commander-in-chief of tbe army of t
United States, "I think an officer of
army might be better employed." 1
whether Gunn went upon tbe raids
not, ho entered as a member, goes
Georgia, aud piuys the false friend,
had taken a most solemn oath not to
vulgo tho transactions of tho order;
when Mr. Akerman, the late Attorn
General, comos within sixty miles
him, he is suddenly impressed wit!
high sense of duty, aud goes to seo h
finds him, and tolls him, from pure
triotism only. He had no hopo of pr
-oh! no, not at all. He is inspired
tirely by a fueling of justice to outra,
law, and a desire to break up that n
derona conspiracy, of which he had h
self boon a member. Ho returns ho:
and, after two weeks, he has his curio;
aroused to see haudsome things; and,
love of tho elegant arts, he visits Wo
ington, to gaze upon its architect!
beauties, traverso its magnificentsqua
and minglo in its relined sooioty. W
there he goes around, morely to pe
sooial visit to the Attorney-General;
while in tbe act of coming out, for
assignable reason in the world, the
toruoy-Goueral's clerk pays him $!
But ho says ho didn't get any rowi
I ask you, gentlemen, is not tho pi
conclusive? What is that $200 dc
there, and why did tho clerk requii
receipt? It was because the money
been promised him in Georgia,
says he doesn't know what the mc
was for-conjectures that it was to
his expenses to and from Cartorsvill
Tunnel Hill, iu Georgia, a diatanc
sixty miles by railroad, and the fare
which couldn't have oxcoedod $10. J
generous Col. Akermun is with tho )
If ho hud paid him as his friend, f
his private purse, all very right
kind, perhaps. Bat tho money co
from tho public purse, and it must 1
boon for public services, or else thc
tornoy-Generul would havo laid bin
liable ns n defaulter. What, now
theso other witnesses say, Mr. Culd'
Foster, and others-who wore like
members of the klan and initiated al
same period as Gunn? They oaoL
yon that they concoivod tho object ol
association solely for self-proteotii
tboy were seeing thoir homes cousu
by the iuoendiary's torch; the hot
lighted up for miles around with bin
conflagrations; their wives and ohil
frightened, und aims, too, placed it
hands of au antagonistic ruco. \
kind of arruB? Squirrel rifios? Sj
ing guuB? No, nothing of tho kind
tho most deadly weapons knowi
modern warfare-breech-loading Sp
field rifios, that kill 1,000 yards, ant
with such rapidity that a porson h
cease firing for thom to cool. The
flagrntions gleam far and wide, and
poor lady, as abo Hos down with ht
fant at night, fears to find her home a
nines of obarred mina ia the morning,
j What'* a husband to do antler such cir
j enmstances? w^hat a> t>rnth?f. ?hat a
father, but to combine for self-proteotion?
This is what these four witnesses for the
prosecution tell yeo. The Dis trio t-At
tornej mast believe them, else why bring
them here? Can he ask you to believe a
part of their testimony, that suits his
pu rposes, and discard this? I think not.
Suppose, now, gentlemen, that the
whites had so tlneatened. and alarmed
the blacks, would anybody blame them
that they combined for self-protection?
This young man, the prisoner at the
bar, joined the association in 1871. He
attended bot one meeting, and went
apon bat ona raid. Now, what was
the object of that raid? The entire tes?
timony, both of the prosecution and the
defence, goes to prove that the parp?se
was to wrest the arms from the hands of
the threatening and defiant militia com?
pany, of whioh James Williams was cap?
tain. They went upon the raid; they
sought guns; they got guns; they return?
ed with guns. Aud there is not one
tittle of proof that this young man en?
tertained any othor idea than that of ob?
taining the arms ol the militia. That
may be an offence, gentlemen, but it is
not charged in this indictment. This
defendant was no moro a party to the
hanging of Raicey, than the four mem?
bers of the klan who have testified
against him. He remained with them
at the horses, and took no part in the
tragedy. I don't suppose you would
convict thom, if they w'ere on trial; and
he stands precisely on the same footing
with them. They wero on tho samt
laid. He did nothing more than they,
and you have no right to assume that
he was aotuatod by any other motive
than that which they declaro to have
prompted them. Yet you aro asked tc
convict Robert Hayes Mitchell, becaust
Dr. Bratton and some others purpe
trated a most foul and disgraceful mur
dur, on the Gth of March, upon om
James Williams, and because, upot
another raid, some other parties wen
gnilty of the revolting crime of beatinj
and lacerating poor, unfortunate Amz
Rainey. But, gentlemen, I am wearin)
out my own strength, and, doubtless
taxing your patience over-much. I ebal
touch bnt one other point, and the:
olose. ' The Attorney-General Bays it wa
a horrid organization-this Ku Klux
to put down, uot erroneous principies o
government, but the Radical party,
should like to ?IuGr/ Y,hut thc league VTS?
if its object was not to put down tb
But, gentlemen, suppose that thee
Eu Klux apprehended what might b
tho result of placing tho government c
tho State in Radical hands; supp?t
that thoy feared that their taxes woul
be quadrupled; tho oxpenses of tho Gi
vorn mont increased to a fabulous arnon u
that an era of corruption would bo ii
augurated that should pervade ever
branch of the Government, l?gislatif
and executive; suppose they believe
that nuder Radical rule a debt of $3,000
OOO, which remained with their in
poverishment after the war, would be ii
creased in three years to upwards <
820,000,000, and that the fair fume i
their beloved State for financial in tegri!
would tbus be crushed in one fell bloi
suppose all thcae things, gentlemen >
the jury, and tell me if such resul
were reasonably apprehended? It was
felony to conspire to put down the Rad
cal party. Don't understand me to st
that there are no pore and patriotic nu
in the Radical party. There are got
and bad men in all parties. But in the
evil days that wo have fallen upon, tl
taint of corruption seems to have touch?
everything. Remember, gentlemen, wi
Sonth Carolina is, or rather, who w
South Carolina iu former times. In tl
days of her Marions, her Somters, h
Moultries, who, with dauntless heal
and unexampled skill, built her revol
tionary fame. Who was she, when re
resented by a Finokney and a Rutledg
in the days of the constitution, wi
afterwards in her Lowndes and Callion
Think what she was then under th?
management-peerless in her finano
faith, and commanding tho coundon
and admiration of the world. Tu
think what Bbs is nowt and then cc
demn her sons that they are restless
her day of troublel '
Mr. Corbiu followed Mr. Johnson u:
closed the case.
MAY rr PLEASE THE COURT AND GE
TLEXEN OF THE JURY: It is, indeed, wi
pleasure that I announce to you the i
proach of the termination of this lo
and tedions trial. It is, doubtless, gm
tying, both to yourselves and to t
Court. Yon have Bat patiently, d
after day, listening to the discussion
legal points, of which you aro supp?t
to know nothing, and the examination
witnesses has been detailed and tireson
The Court having allowed the utm
latitude in this respoot, in order to t
fold every feature of this monstrous ot
spiraoy, that would tend either to
condemnation or excuse, or palliate
excesses. Whatever I have done or sa
or am about to do cr say, has beon, n
will be, done and said solely in tho d
charge of my public duty. I -shall i
address myself to any matters foreign
the issue before me, nor indulge
strains of eloqnenoo intended for otl
ears than yours, as have some of I
distinguished oonuaol before me. I
here merely to represent our migl
Government, of which it has been tr
said none are too high to feel its pow
none too humble to receive its pro tea ti
We have passed through a coolary in
last four years. Tho colored raoo, I
yesterday slave, now assume control
the Government. 200 years of bouda
thanks be to Qod, are now onded; r
tho slaves, ouoo drivou with the cr
lash, now steps forth in all tho maje?
and vested with tho full rights, of
Amerioun citizen. What we havo
tempted to show in this case is timi tb
uowly acquired rights have been o
spired against, and an effort made
overthrow them eutiruly by a cort
class of people banded toged ! mr uu
tho name of Kn Klux, lint I will
digress us they have done. What is
defendant iu this oaso charged wi
The first count is Unit he conspired A,
others to hinder aud proveut, by thro
intimidation and violence, divers u
citizens of African dosceut from tho I
exercise of tho right of voting, in
election to bu bold on the third Wodi
day of October, 1872. Tho first qt
tion for your inquiry is, did such a c
spiraoy exist? Next, was this defend
connected with it?
Did such a conspiracy exist? I th
wo havo established that fnot boy
peradventure. Wo havo hero tho <
stitution and by-laws. We have dn
out tho confessions of a number ol
members, aud wo have tho uuoou
dioted and indubitable testimony
thoso who writhed beneath its iuhui
soourgiugfl. First, thou, as to tho c
nutation. There hua been not even an
effort made to- dispute ita identity.
What does it say? "We are on the aide
Of hnrrmnitv." that will do. Next, "WA
are on the aide of justioe." There ia no
objection to that, but may God deliver
us from each justice as they administer?
ed. What next? "We are on the aide
of constitutional liberty, as bequeathed
to ua in its purity, by oar forefathers."
What does that mean? What aort of a
constitution did our forefathers have in
ito original purity? It was a Constitu?
tion that recognized slavery, and gave to
the master the right to pursue bu fugi?
tivo slave and recapture him in any State
in the Union.
It was that Constitution under which
the Supreme Oourt declared, through
Mr. Obief Justico Tanev, that a black
mau had no rights which a whito man
is bound to respeot.
Mr. Johnson-I desire to oorreot the
gentleman here. I oanuot ait by quietly
and hoar en o h injustice done the memory
of that illustrious mau. Tbe District
Attorney is referring to the deoision in
the celebrated Dred Scott case, and this
is not the first time I have heard the
language of the great Ghief Justice per?
verted. Ho is dead now, and it is full
time that ho should be represented in
his true light before the world. He did
\ not say that, by the Constitution, a
black man had no rights the white man
was bound to respect; but that, under
existiug State regulations, and in the
opinion of the civilized world at the time
of tho adoption of the Constitution, such
was tho caao.
Mr, Corbin-I am not singular in my
assertion. There are millions that will
bear me out in it, and I have always re?
garded that deaision as a disgraoe to the
records of the Supremo Court. What is
the next feature iu this Ku Klux consti?
tution? Wo oppose und reject the prin?
ciples of the Radical party. What, now,
are tho peculiar principles of the Radi?
cal party? What has been its peculiar
work? What its crowning effort thal
will hand its name down, and render it
glorious in all succeeding ages? It is
the abolition of slavery and of all disori
minatiou ou account of race or color,
Thone principles aro engrafted upon the
Constitution by tho thirteenth, four
toenth nud fifteenth amendments. Anc
when the Radical party did effect thii
great change, they luid dono, I migh
almost say, more than the origina
founders of tho Constitution. Opposi
tiou to thu Radical party means, then
opposition to the thirteenth, fourteentl
and fifteenth amendments, and a deter
munition to disregard their provisions.
How. now, does tho Ku Klux orgii
aizati ju propose to carry out their de
signs, as manifested in the first and se
ooud articles of their constitution? Hea
what they say: "Bach member ebal
provide himself with a pistol, a Ku Klu
gswn, and a sigual whistle." These ar
tho instruments, then, by which the
intend to render thoir opposition to th
principles of the Radical party efiectivi
and bow do we know that their desigo
are specially directed against the coloro
people? Tbe next section says: "N
person of color shall bo admitted a mea
bor of this organization." Gentlemei
in my judgment, wo might stop here aa
ask a verdict of guilty; for remembe
gentlemon, that conspiracy doesn't ctn
sist in the overt act of murder or i
whipping, but is perfected when the ut
lawful agreement is made. We wil
however, go further, and show yon ho
it did actually carry out its purposes.
I now propose to recite to you the te
timony of Mr. Gunthnrpe, a sworn men
ber of the order. Ho says: "I joint
under the impression that it was for m
tuai protection, but I found it a che;
and a lie, and that their true purpo:
was a political one, iu favor of the D
mooratic party, aud that they expect?
to effect their ends by crowding tl
polls." This was in 1808. Next we ha
the testimony of Mr. Gunn; and i
have heard a most venomous asset
made upon him by the distinguish!
counsel for the defence. They follow?
bim through every nook and oorner, e
aertain that he received $200 ia Was
ington, nnd then tell yon that he is n
entitled to belief. Is $200 an extrav
gant sum for Mr. G un n's loss of tic
hom his b usinons, his traveling expens?
etc. If tho compensation had preoed
hts testimony, there might be somethii
iu it to afiect his credit. Such, ho
over, was not thu case.
Mr. Gunn had learned, being a mei
ber of tho klan, that the murder of \
Wallace was contemplated, and in t
kindness of his heart, he divulges tl
to his brother-in-law, and afterwards
Golouel Akerman, that Mr. Wall?
might hu warned of his danger. 1
comes here anti ho tells you all he kno
about tho klau, fully and freely. Tin
is but ooo way that I can aoooant for I
counsel selecting Mr. Gonn for I
special hutt of their sarcasm and ac
mony, and that, gentlemen, I dislike
allude to it; but Mr. Gunn did say soc
thing about the klan in Georgia getti
up u feo for counsel hore. But, gent
men, what does Mr. Gunn tell you?
says that hu was a member of the kli
that its purposes were purely politic
and that the common understanding v
that they wore to be carried ont by k
ing oil the whito Radicals and whipp:
tho members nf tho League. Next
have Charles Foster. He, too, has b<
inside tho klau; has been on raids, o
himself witnessed the scourging*
several of their victims. Next appe
John Caldwell. Ho tolls you that
took the oath, heard this same oonsti
tiou aud by-laws read, nud in pursuui
of the objects thereof, wh it does ho i
rio goos upon the raid ou James Y
Hams. Hero you have the oonspir
in motion, and here it? victim hang
upon a piue treu; aud thon comes
widow, and in simple language tolls
Bad story of her bereavement. N
comes Elias Ramsay, halting in spec
but houest iu word and z?&sncr.
tells you: I went on the raid; went v
Roheit Hayes Mitchell, the defend?
to thu l'luckney road; met the f
Shearer boys there, nod then goes
and describers tho details of that bri
march to sluy Jim Williams; and so
tboy all confirm Gunu's testimony
that neither I, nor thu court, nor y
gentlemen, eau fool the least doubt at
Mr. Corbin theu wont on to ?ocite
testimony of Gadsden Steele, A
Rai ney, Hiram Littlejohn and Dick >
sou, who had testified that they v
whipped hy tho Ku Klux and mad
forswear Radicalism, claiming it as ai
mutative evidence of thu political e
rooter of tho conspiracy. He thoi
tucked thu ground of tho dofeuoe, t
tho Ku Klux Klau and the raids on
negroes were made necessary by
atutoof terror and alarm caused by
cendiory lires, the armed militia
thoir throats of outrages. He olaii
that the Ku Klux Klan had been sin
to osi.it in 1808, long before an inste
ol incendiary buming commenced, or
lhere woe a single armed militiaman in
the County; that the raids bad invariably
pvAnadAd th? barning, and that the
threats of Janes Williams, if threat? he
made, were wrong from .bim bj tho per
Booutions of the Ku Klux.
At th? conclusion of tho argument,
Judge Bond oh arg ed tho j or j as follow?:
GBNTJJBJJ&N OF TUB JUB?: You have
listened with patience to the i coital of
the evidenoe in this cause, and without
commenting upon that, the oourt pro?
poses to state to you the law applicable
to the evidenoe, which must guide you
in making up your verdict. Tbe indict*
ment, gentlemen, is for a conspiracy,
which is an agreement by two or more
Sersons to do an unlawful thing, or to
o-a lawful thing by unlawful means.
The thing to be punished is the unlaw?
ful conspiracy, and not the particular
acts done in pursuance of it. The con?
spiracy is a o ri me if nothing be done in
pursuance of it. Tho indiotment, gen?
tlemen, contains two counts. The first
charges that the defendant, and others
jointly indicted with bim, with having
oonspired to violate tbe first section of
the Act of May 81, 1870, by unlawfully
hindering, preventing and restraining a
certain class of persona therein named
from the future exercise of the right to
vote at an election to take place in Oc?
tober, 1872, on account of their race,
color, or previous condition of servitude.
And the second ooont charges that be,
with others, did conspire to injure, be?
cause of bis color. James Williams, be?
cause he had exercised the right to vote
previously. It is to tbeee counts that
you are to refer the evidence, and to
apply the law whioh the court gives you.
If you find from the evidenoe that there
was no such conspiracy as that described
in the first count, or if there was a con?
spiracy, the object of it and its purpose
were different from that set forth in the
ooont, and that the object and purpose
set forth in the count was not one of its
pnrposes and objects, then the party
oharged is not guilty under the first
oouut, though be may have been en?
gaged in the oonapiraoy. But it is not
necessary, if the jury find there was a
conspiracy and that the party was en?
gaged in it, that they should find its
parp?se to have been single. If they
dnd that one of its pnrposes was that
set forth in the first count, to prevent
citizens from the ezeroise of the right to
vote because of their oolor, it is suffi?
cient. An association having snob a
purpose is an unlawful conspiracy, and
a party engaged in it may be punished
under the first count.
Each member of such an association is a
conspirator, and is responsible personally
for every act of (he conspiracy and fur
tho tusts of each member thereof, done by
common consent, in furtherance of its
illegal purposes, and also for such acts
done in fnrtheranoe of the conspiracy
nut consented to before-hand, if assent?
ed to subsequently to their perpetration;
and that whether tho party oharged was
himself actually present or not, when
Buoh aot was done. And if the jury be?
lieve from the evidenoe that the various
klane spoken of by the witnesses were
but parts of one general conspiracy, this
rule applies not only to the members of
the same klan, bat to the aots and con?
duct of the members of the different
klaus done in furtherance of the oonapi?
raoy. And it makes no difference in
guilt, if you find from the evidence thal
the motive of a party who joined the
conspiracy was not illegal when he did
join it, if you also find that alter he be?
came a member, he was aware of the fact,
or had reason to know that the true
object of tbe conspiracy was to prevent
or binder tbe free exercise of the
elective franobiso by intimidation cr vio?
lence aa aforesaid, on account of oolor,
and that he still remained a member and
participated in its meetings, and that
though you may also find he never him?
self actually used the force, intimidation
or violence, and was not present when it
was used. And now, if the jury find
from the evidence, that the party
oharged did so oonspire to prevent the
citizens described from exercising their
right to vote, on account of their oolor,
at a future election, specified to be the
election to take place oo the third
Wednesday of October, 1872, then the
party oharged is guilty under the first
count of the indiotment. And if tbe
jury find from the evidence that they did
ao oonspire, and for the same reason, to
injure and oppress, on account of his
oolor, one' Jim Rainey, alias Jim Wil?
liams, because he had antecedently, on
the third Wednesday of Ootober, 1870,
exercised his right to vote, than he is
guilty on the seoond count But if the
jory find from the evidence that no such
oontpiraoy existai, or that if it existed,
the intimidation or injury of voters be?
cause of their exercise of suffrage, cr to
prevent ita exercise, formed no part of
its purpose, or that if that were its pur?
pose, the defendant was not elrgaged in
it, then the defendant is not guilty.
Bat the jary is not bound to believe the
sole purpose of the conspiracy to be that
set out in tbe first oonnt; if they find it
to be one of tbe purposes, it is snffioient.
Nor, if they find that the beatings and
intimidation spoken of by the witnesses,
took place or existed, are tbe jory bound
to believe that the reasons given at tbs
timo by the conspirators, if they find
reasons wore given, wore the true rea
squs for such conduct; but the jury may
determine, (rom all the evidenoe in the
oanse, what tbe trae reasons wore for
such violence. If the jury find from tbe
evidence, os we said before, that the
conspiracy sot forth in the first and
second counts in the indiotment existed,
and tbe defendant engaged it there, be
is guilty on both oounta. If there ex?
isted no auch oonapiraoy at the time sot
out in the indiotment; or, if existing, it
bad another object which did not include
that set ont in tho indictment; or, if ex?
isting, and having tbo illegal purpose,
tbs defendant took no psrt sn ?t; then ho
is not guilty. The jury are at liberty to
find one of three verdicts. They may
?nd tho party guilty generally, or not
guilty generally, or they msy find him
guilty on one count, aud not guilty on
the other. Take the oase.
A man, whose estate was valued on the
tax duplicate at $1,250,000, wanted to
live ou half rations of food and to get
along without fool in a cold climate.
But he couldn't do it, and his body was
found by his neighbors, ono fine winter
morning, frozen stiff SB a poker. His
hopeful HOD, "a obip of the old block,"
shipped the corpse to its place of inter?
ment, several hundred milos distant, as
regular freight, to save exorbitant ex?
press chargeai-Terra Hauls Express.
Dr. Ephraim Orevard, of Lincoln ton,
was killed by a fall from bis borse, on
"What is homo without a mother?"
an the young girl said when she sent tho
old lady to obop wood.
OiTX MATTERS.-The price of single
copi?* of tho PHCENIX is five ?ente.
The PHCENIX office is supplied with ?ll
necessary material for as handsome carew,
bill heads, posters, pamphlets, baud-bil ls,
circa lan?, and other printing that maybe
desired, as any office in the Booth. Give
na a call and test our work.
The accidental firing of some bedding,
in Greasy Bow, near the market, oaused
a fire alarm, yesterday afternoon. Mo
A complete outfit, with tbs exception
of a press, for a country paper is offered
for sale at a very low rate. Particulars
can be obtained at PHCENTX office.
To-morrow, December 21, is the
ah or te* t day in the year-9 h., 44 m.
. Capt. Evans, of tbe steamship Georgia,
has been rusticating in Columbia for a
day or two. He leaves Charleston to?
morrow. May pleasant weather attend
The grand jury, on Saturday, found a j
true bill in the case ot the United States
vt. Robert E. Cooper; Mary Avery,
(white;) Louisa Chambers and Kizzy
Avery, (colored.) Oouspiraoy against
Isaac A. Poatle.
Dan Rico's Paris Pavilion Circus ex?
hibited twioe, yesterday; aud the exten?
sive calculations and extensive expecta?
tions of tho assembled mnltitude were
fully realized. The riding-bare-back
and pad-was unexcelled; while the
leaping was a little beyond anything that
we have seen in many a day. There will
be two mere exhibitions to-day; and ali
who have not attended should be on
"The Pilgrim" ie to be exhibited this
evening, in Irwin's Hall. This magnifi?
cent panorama bas been before tho Co?
lumbia public before,! and excited un?
bounded admiration. The different
scones are admirably executed, and the
general effect grand beyond conception.
To-day-December 20-is the eleventh
anniversary of the secession of South
Wo had the pleasure of meeting re?
cently here James A. Hoyt, Esq., the
discreet and spirited editor of tbe An?
derson Intelligencer-ono of the best of
oar up country exchanges.
It is said a nnmber of ladies in this
city are anxiously awaiting the first of
1872. That is leap year.
Germany's new coinage is the pfen?
ning, grosohen and the mark. Franco
supplies tbe ore.
BABB OPPORTUNITY.-Mr. D. Misell,
agent for W. Misell & Co., Montreal,
Canada, is at the Columbia Hotel, with
a rare and beautiful collection of works
of art Copies of original statuary and
oil paintings iu the British Museum,
London. These pictures have been ex?
hibited to UH, and we consider them per?
fect Roms. We believe Mr. Misell will
receive a fair share of patronage while
here-this being a fine opportunity for
our citizens to procuro something rare
BRUTAL. MURDER.-An inquest was
held, yesterday, by Coroner Coleman,
upon the body of Patrick Murphy, a
pump-tender at Hampton's, on the
South Carolina Railroad. On Monday
night, about dusk. Mr. James' Simms,
who resides in the neighborhood, Baw
the aged man at his uBiial avocation ; and
the next morning, betweon G aud 7, his
body was discovered in the yard, with
the skull fractured in several places. A
heavy club, covered with blood, lay near
the body; u bloody hatchet WOB also
MAID ARRANGEMENTS.-Tho Northern
mail opens at 3.00 P. M.; closes 7.15
A. M. Charleston day mail opens 4.00
P. M.; closes 6.00 A. M. Charleston
night mail opens 6.30 A. M.; doses6.00
P. M. Greenville mail opens 6.45 P.
M.; closes 6.00 A. M. Western mail
opens 9.00 A. M.; doses 1.30 P. M. On
Sunday office open from 3 to 4 P. M.
LIST OF NEW ADVERTISEMENTS
John Aguew Sc. Son-Groceries, Seo.
Jaoob Levin-Gas-Light Company.
E. Pollard-Happy Surprise.
C. E. Thomas & Co.-Wood.
W. K. Greenfield-Carriages.
H. English-To Rent.
Kris Kringle at McKenzie's.
J. C. Winder-W., C. and A. R. R.
OFFICIAL RAFFLE NUHUKUH Charleston Chari?
table Association, for benefit Free School fand:
RAFFLE CLASS NO. 254 -Jfornl?oyJ>ecewi6?" 19.
Witness my hand at Ch ar lenton, this 19th day
of bvcembor, 1871. FENN PECK.
Doc 20 Sworn Commissioner.
-. ---.' .
FlOHTIKO TIUsVlOE OF INTBMPEBANCF.
The Catholic Bishop Barclay, of New
Jersey, who lately delivered a temperance
address before the Catholio Total Absti?
nence Union of that State, is reportod
to havo declared that he has "ordered
the clergy to refuse Christian burial to
those who die of the effects of liquor au
well as those who soil it to drunkards."
He does not believe in prohibition laws,
and thinks it best to fight the vice by thc
influence of moral suasion and religious
A farmer li tely died in East Prussia,
who is said o have attained his 130th
year. Down to tho time of his death, he
was in the enjoyment of the best health.^
He was six feet one inoh iu height, and
served as body guard under Frederiok
the Great. His sou, who lives on his
f'thor's property, is 109 years old. Ho
takes long walks evory day, can read
without spectacles, and is au excellent
A fearful aoene was enacted recently al
Jauer, in Silesia. A young girl, who
had murdered her child, was to bo be?
headed. When she was led ont, she
fought desperately with the executioner,
who was notable to kill her until he had
?tunned her by a blow on the head with
the handle of his axe.