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BY JAMES A. HOYT.
ANDERSON C. H., S. C, THURSDAY MORNING, MARCH 29, 1866.
VOLUME 1.?NUMBER 41.
The Intelligencer
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MILITARY TRIAL.
-
[CONTINUED.]
Citadel, March 19, 1866.
The Commission met at 10.30 A. M., j
and continued the trial of James Crawford
Keys, his son, Robert Keys, and Elisha
Byrum.
Joseph Prevost, a witness for the de?
fense, deposed that the general character
of the accused is good; 1hat after their
arrest Fred Clark said to him that Craw?
ford Keys was at home the night of the
murder ; that Fred said he knew it be?
cause Mr. Keys called for some one that
night, about 9 o'clock or later, and he
(Fred) went near him, and asked, him
what he wanted; that he (witness) then
asked Fred whether Keys was at home
after that, and Fred said he did not
know as he went to bed; that, on the
18th- January, Fred, when ?summoned as
a witness in this case, said, "I can't im
agine what they want with me, as I as?
sure you 1 know nothing under God's
Heaven of this matter connected with the
murder."
J. B. E. Sloan, a witness for the de?
fense, deposed that the general character
of the accused is good; that Crawford
Keys ib active in public matters in his
community, and possesses influence.
On cross-examination the witness was
asked by the Judge Advocate the fo?nvr
ing question:
Question; ''Is Crawford .Keys a man
who would be likely to take part in meas?
ures of a violent character, determined on
by his neighbors, for the protection of
- some locaj interest?"
The,accused, by his counsel, objected
to the question, on the ground that it
seeks to elicit no fact, but the opinion of
tho witness on a supposed 6tate of things.
Facts teuding to make up general char?
acter may be admissible, but opinions as
to what tho accused would do are, it is
submitted, inadmissible.
The Judge Adaocate insisted on the
question being put. The witness has as?
sumed to describe the character of Craw?
ford Keys; on his cross-examination it
becomes necessary to define, with more
exactness, the witness' estimate of the
accused. The best way to accomplish
this is by calling the attention of the wit
baas to some particular class or character
of men, and to ask him whether the ac?
cused belongs to that class or has that
character.
The objection was overruled, and the
witness replied as follows :
I think ho is a man who would use
every effort to prevent violent measures
being taken where they were unlawful;
I never heard of his being engaged in
violent proceedings until I saw something
of it introduced in the proceedings in this
case. .
Question by Judge Advocate: 1;Do you
mean to say that had you known that
Crawford Keys had lynched a man
during the war, for opposing the will and
interest of his State, it would not have
changed the opinion which you have ex?
pressed ?"
The accused, by their counsel, objected
on the ground that the legitimate in?
quiries is as to the general reputation of
tho accused, and not the goncral. reputa?
tion of the community or the State, and
tho question seeks to elicit the public
opinion of Anderson.
The Judge Advocate insisted on the
question. It was contended that acts of
the kind supposed in the question, are not
condemned by public opinion in the sec?
tion of country where this murder was
committed, and that such a state of pub?
lic morals should be disclosed as affecting
the soundness of the public judgment on
the question of general character.
The objection was sustained.
Questioned by Judge Advocate: "Is the
commission of : jch acts of violence (as
the whipping of Horn,) when ordered by
a meeting of citizens, justified by the
community ?"
The accused, by their counsel, objected
on the ground that the whole enquiry, as
to the public opinion of Anderson District,
is irrelevant.
The Commission sustained the objec?
tion. .
J. B. P. Alley,a wi tness for the defense,
deposed that he lives twelve miles from
Anderson Court Hou6e,on Senec?. River;
that on the 9th of October last, between
12 M. and 2 P M., a party, consisting of
one man on a sorrel chestnut marc, whom
he had seen at his house on the previous
Friday, and lour white men and one black
man, in a wagon drawn by a large black
mare and a dark bay horse, came up to
his house; that the man on horseback,
who wore a brace of pistols, asked for a
bushel of corn, Which witness refused,
saying, "Any man that robbed me can't
get a bushel of com;" that the man re?
plied, "God damn you, we killed three last
night, and we will kill 3*011," putting his
hand to his pistol; that he (witness)
jumped behind a big oak tree; that one
of the party then said, "Bill, hurry on,
they are alter us;" that there were two
cavalry -Middles in the wagon ; that they
j came from the direction of Brown's Fer
i ry; that none of the accused were of the
party.
Cross-examined by the Judge Advocate:
'?Were you not dodging around and try?
ing to get out of tho way of one of the
men when you recognized the horses."
Answer: No.
The Judge Advocate offered in evidence
the statement of the witness in the case
of F. G. Stowers, that when lie noticed
tho points of the horses he was at the
well, near the road, by the corner of the
fence, and that it was after the man
threatened him.
The witness further deposed that he
had seen two of tho men on the 6th Oc?
tober; that thoy come from the direc tion
of Georgia and went in the direction of
Campbell's house; that one had on a
United States uniform; that he had never
communicated these facts to the military
authorities because he did not know there
had been a murder until a week after?
wards, and it was then too late.
Question by Judge Advocate: "What do
you mean by Baying that you did not
know a murder had been committed,
v. l-.en the man told you he had murdered ;
ii;ree men V*
Answer: "I did not believe everything
was told me I>y a stranger j he said lie
had killed three, but did not say he had
murdered them."
The accused offered in evidence in this
case the testimony given by A. P. Cater
in the case of F. G. Stowers, which was
read, and is to the effect that Warren
HoweN had told him (the witness Cater)
en the day of his examination at Ander?
son, that he had no idea who the parties
were who committed the murder; that
the distance was po great and it was bo
dark, he could not have recognized them
if he had been ever so well acquainted
with them; that he did not recognize
their voices.
On account of tho non-arrival of wit:
nesses for the prosecution, the Commis?
sion adjourned to meet on the 2?th inst.,
at 10.30 A. M.
March 20, 1866.
James TV. Wilkinson, a witness for the
defense, deposed that he has lived the
last three years at Anderson C. II.; that
he knew Crawford Kiys, and that his
general character is good ; that his char?
acter is eminently that of a quiet citizen,
peaceable and well disposed.
John Wilson, a witness for the defense,
deposed that the general character of the
accused is good; that Bobort Keys is a
young man of industrious habits, quiet
and peaceable; that Crawford Keys is a
quiet citizen.
Question by Accused: "Has he been
prominent in suppressing riots and
breaches of peace ?"
The Judge Advocate objected, on the
ground that the question calls for the
witness' knowledge of facts, not for the
reputation of the accused.
The objection was overruled, and the
witness replied that in the only two riots
he had known in Anderson, Crawford
Keys rendered efficient service in sup?
pressing both ; that lie did not habitually
carry pistols.'
On being cross-examined by the Judge
Advocate, the witness said he had never
heard that Crawford Keys had whipped
a man in 1861; that he heard of a man
being whipped ; that the transaction was
not authorized by the legal authorities of
the State; that he never heard of Craw?
ford Keys whipping or otherwise assault?
ing negroes during the last year.
Question by the. Judge Advocate: "Did
you not hear that he did violence to a
girl upon I116 plantation, who obtained
protection from the military authorities
at Anderson V*
The accused, through their counsel,
having objected to the question, their ob?
jection was overruled by the Commission,
j and tho witness stated that Crawford
Keys was cited before tho Court at An?
derson for his conduct to some one of his
ne<rrocs; that he did-not know whether
the negro was male or female, or what
was the decision of tho Court; that Craw?
ford Keys has since boen a member of that
Court, for the trial of cases in which ne?
groes are parties; that John T. Horn
j was said to have been whipped for inci
? ting, negroes to insurrection, and was a
! member of the Vigilance Committee.
The accused, through their counsel,
gave notico that they had no evidence to
offer before the final close of the case for
the prosecution. The Commission there?
fore adjourned to meet on tho 21st inst.,
at 10.30 A. M., to resume the evidence for
the prosecution.
March 21,18CG.
The Judge Advocate stated that his
witnesses had not yet arrived, but were
daily expected ; that a telegram had been
received from General Ames, some days
since, stating that they would be imme?
diately forwarded. He asked that the
Commission might be adjourned for a day
I or two, to await the arrival of the wit?
nesses.
The accused, by their counsel, suggested
that, instead of postponing the case, the
Judge Advocate now proceed to close his
case, and the defense proceed with their
testimony; the Judge Advocate sum?
moning the witnesses, Capt. Bra}' and
Lieut. Cook, and then to whatever mat?
ter is adduced in the testimony of the de?
fense the Judge Advocate can reply, when
the testimony for the defense is closed
?or that a day be fixed for the prosecu?
tion to proceed with the case.
Upon the intimation of the Judge Ad?
vocate that he is disposed to adopt the
suggestion of the counsel of the accused,
so far as it relates to the closing of the
prosecution and reserving the testimony
referred to until the closo of the case of
tho accused, the Commission directed
that the Judge Advocate forthwith issue
summonses for Capt. Bray and Lieut.
Cook to attend this Commfssion as wit?
nesses, and that the case proceed.
The accused, by their counsel, requested
that the Judge Advocate, before he closes
for the prosecution, will recall the wit?
ness Brown, to enable him to be in?
terrogated as to the fact whether he did
or did not make statements relative to
the events of the 8th October to the Rev.
W. II. Tyler and Milton Simpson,?at the
time Brown was examined, the counsel
for the accused not being aware of their
statements, and not having had an op?
portunity of asking Brown in relation to
thorn.
The Judge Advocate objected to the
motion on the following grounds :
1st. The cross-cxaminaiion ot the wit?
ness Brown having been closed by the ac?
cused, it is irregular to recall him for fur?
ther cross-examination
This is a step seldom taken, and never
has been, to my recollection, allowed in
any Court, civil or military. It often
happens that tho counsel make an imper?
fect cross-examination. It would lead to
endless prolixity of proceedings by al?
lowing resumption of cross-examination.
2d. When the object ot reopening the
cross-examination is to lay a foundation
for contradicting the witness, additional
reasons exist for not allowing it. Evi?
dence of contradiction is collateral to the
main issue, and should be limited to a
strict adherence to the rules of order; it
is "dridissimi juris," and should receive
no indulgence at the expense of such
rules of order and convenience.
The Commission directed that Brown
be introduced as a witness for the pur?
pose of being examined further by the
Court.
W. P. Brown being recalled, deposed
tha> he did not recollect having any con?
versation with the Rev. W. II. Tyler and
Milton Simpson as to what he saw on the
night of the murder; that he did not
think he had told cither of them ho h^Sh
not recognized any of the party that
night; that he had been ordered by the j
military authorities not to say what he I
knew about the murder; that he endeav?
ored to conceal what he knew about it.
David M. Simpson and Rev. W. II.
Tyler, witnesses for the defense, deposed
that they arc on intimate terms with the
witness Brown (Simpson having been his
guardian ;) that shortly after the murder,
Brown, in reply to their inquiries, said he
did not recognize, any ot the party that
went down to the ferry on the 8th Octo?
ber.
Joseph W. Keys, a witness for the de?
fence, deposed that he lives with his fa?
ther, Crawford Keys ; that in October
last he and his brother Robert were in
charge of his father's farm; that at that
time there were nine horses on the farm
and three saddles, one of which was very
old, and was used as a wagon saddle; that
en the night of tho 8th of October a
black horse ot Robert Keys' was the on?
ly one in the stable, the rest being in the
: pasture; that Robert's horse being a stal
\ lion, could not bo turned into the pasture;
j that all the horses, save three, had been
j put in the pasture Saturday evening;
that they could come up in the pasture
near to the house; that a black mare of
Peter Keys' and the black stallion were
always kept in tho stable; that a sorrol
mare had been put there for Robert to
ride to church on Sunday, and was turn?
ed into the pasture that day; that he
(witness) brought up all tho horses a little
after sunrise on Monday; that thrqfccolts
had gotten out and were not on the farm
on Sunday night; that Lern was at homo
Sunday night; that Fred. Clark is usually
there, but that he (witness) did not recol?
lect seeing him that night; that all the
others had gone off; that Joe had gone to
Mr. Smith's and did not return until Mon?
day morning; that tho carriage was not
used on Sunday, the 8th October; that
all the family was at supper on Sunday
at dark, and that there were no guests ;
that tho grown persons present at supper
were, his father, his mother and sister
Eleanor, Mrs. Peter Keys, Bobort and
Major Keys; that his father sat in the
front piazza until 9 o'clock, and Robert
fifteen minutes after supper, rode off and
was gone about an hour; that on return?
ing he lit his pipe and sat in the piazza
with his father; that Crawford Keys re?
tired about 9 o'clock; that at about 12
P. M.. judging by the moon, he (witness)
got up to get some water and went into
Bobert's room for it, and saw Bobert there
in bed; that, finding no water there,- he
went down stairs to the pail; that while
there his father called him and told him
to bring some water for the baby; that
he carried the wator and saw his father
in bed; that the water pail is at his fath?
er's door; that his father woke him up
Monday morning; that he and Bobert
Keys and Lern fed the horses that morn?
ing a little after sunrise; that Crawford
Keys did not leave'home on the night of
the 8th October at all; that there wero
two pistols in the house, one of which be?
longed to Stowers, and was brought there
to be mended; that Crawford Keys rare?
ly carries a pistol; that he did not at that
time have a suit of clothes, "blue mixed;"
that Joe (colored), who usually makes a
fire in Crawford Koys' room, did not re?
turn home on Monday morning until half
hour after sunrise; that the windows of
the house have no blinds, and that there
were in it two clocks, one in Peter's room,
arid one (not running) in CrawfordKej-s,
room.
The examination-in-chief of the witness
concluded, and the Commission adjourn?
ed to meet on the 22d inet., at 10.30 a. m.
March 22, 1866.
Tho Judge Advocate stated that a
doubt having arisen whether the Presi?
dent of the Commission <:an continue to
sit as a member of the Court while tem?
porarily exercising tho duties of Depart?
ment Commander, the matter has been
referred to Washington for instructions,
and an answer is expected from Wash?
ington to-morrow.
The Commission adjourned to meet on
Saturday, the 24th inst., at 10.30 A. M.
Note.?Major-General Sickles having
left on a visit to Florida, Major-General
Devens, the President of the Commission,
succeeds to tho command of the Military
Department of South Carolina, and, in
virtue of that command, is the officer de?
signated by tho 65th Article of "War t*
review the proceedings of the Commis?
sion, before its sentence can be carried
into execution. The point submitted to
the War Department is the propriety of
continuing Major-General Dovens as a
member of the Commission, in view of
the fact that ho will not bo called upon
to act as a reviewing officer, as the return
of Gen. Sickles will take place before the
Commission concludes its sittings.
A Newspaper.?It was Bishop Horn's
own opinion that there was no better
moralist than the newspaper. He says:
"The follies, vices, and consequent mis
cries of multitudes, displayod in newspa?
pers, are so many beacons continually
burning to turn others from the rock on
which they havo been shipwrecked.?
What more powerful dissuasive from sus?
picion, jealousy and anger, than the story
of one triend murdered by another in a
duel ? What caution more likely to be
effective against gambling and profligacy,
than tho mournful relation of an execu?
tion, or the fate of a despairing suicide?
What finer lecture on the necessity of
economy, than tho auction of estates,
houses and furniture? Only take a news?
paper, and consider it well, pay for it, and
it will instruct theo."
-*
? Some wag, who ought to be con?
demned to read the speeches of Sumner
and Stevens from beginning to end, late?
ly sent to the President a copy of a med?
icinal placard, lettered, "Shattered Con?
stitutions restored. Use Helmbold's Bu
chu." The barbarian wrote in pencil on
the margin, "Try it, Andy, on the pres?
ent Constitution."
Emigration from the Sonth.
We take from the Mobile Register &
Advertiser the annexed article, which is
evidently from the pen of its able and
accomplished editor, lion. John Forsyth,
formerly Minister to Mexico :
Wo understand that thirty persons
reached this city yesterday, from the in?
terior, en route to Mexico, as colonists.
We are receiving frequent letters from
Georgia and Alabama, making inquiries
touching matters in that country which
it is useful to an emigrant to know. Wc
have before us, and shall publish it to?
morrow, a manifest from Col. M. F. Mau
ry, formerly a distinguished citizen of the
United States, and now Imperial Com?
missioner under tho Empire. In that pa?
per the emigrant can learn everything he
desires to know about the country, and
it comes from a man whose character
gives the stamp of truth to every word
he uttersv
There is something alarming to us in
the spread of the spirit of expatriation at
the South. It has been greatly intensi?
fied by recent developments at Washing?
ton. The Radicals are driving the flower
of our population from the land. It is
not the needy, the broken-down and the
adventurous who constitute the migrating
class?heretofore unknown to the South?
but it is the intelligent, tho spirited, the
high-toned, the brave, who, born and bred
in an atmosphere of freedom, fly from the
homes of their childhood and the graves
of their fathers, because they feel that tho
halo of liberty has departed from tho
land. It is well known that we have
steadily sot our faces against the wisdom
of this despondent judgment of our coun?
try's future. But we cannot but respect
the nobility of soul that disdains to wear
fetters for one syllable of time. We ap?
preciate the heart sickness which comes
of turning one's eyes to the daily pro?
ceedings of the Congress of the United
States, where thoughts and passions are
rife that were once believed to be impos?
sible in American society, and under the
shadow of American institutions. But
should not the spectable inspire a disdain
to fly the ordeal of duly imposed b}T the
country's needs ?
Shall We abandon our native land to
howling fanatics, and look not behind nor
stay to strike one blow for the redemp?
tion of the heritage of freedom our fath?
ers left us ? llope is not lost. There is
"life in tho old land yet," and a recupera?
tive energy in the blood of our race that
will rise up and throw off the party des?
potism that is using all its power to stran?
gle constitutional liberty. That energ}'
exists, but is not yet developed. It is
beginning to move in its slumber, and
soon we shall hear the tread of its mil?
lions marching to demand the restitution
of the Constitution to its pristine glory.
Who would wish to he absent in a for?
eign land when his vote and his influence
could bo given to Che mighty cause of a
regenerated Constitution ? We arc alive
to all the charms of peace and immunity
from the wear and tear of tho coming
struggle, to be found under the orange
and olive trees of beautiful Mexico. We
arc tired of strife and turmoil and strug?
gle. But voices from the graves of dead
sages and patriots command us to pre?
serve and defend the legacy of their toil
and blood.
We sought to do it through indepen?
dence of the Satanic influence of Puritan?
ism supported by arms. The effort fail?
ed, but the duty remains and beckons us
to another field?the field of reason. The
pen takes tho place of tho sword, and the
tongue is to fight, before the great forum
of the American people, the battlo which
but lately moistened the land with frater?
nal blood. We como back to the starting
point of I860, where, placing no reliance
upon the "second sober thought" of the
people, and turning our backs in despair
of help upon the conservative masses of
the North, we flew to arms. Wo come,
stronger for the lesson of blood and war,
for it has written in flaming colors "the
true character of the fanatical teachings
and purposes of the party that drove us
to a desperate measure, and so written
that its hideous mien is visible to every
liberty-loving man from Maine to Texas.
It has*made allies for us, wherever a Dem?
ocratic throb is felt, wherever the intel?
ligence exists to know that, in our Gov?
ernment, "consolidation is despotism, and
confederation the only hope of liberty."
Let it not bo forgotten that it is not in
the South only where tho shock of war
has fallen upon us with its terrific power,
that the late unparalleled revolution has
been felt.
The tinklings of the Cabinet Secreta?
ry's bell that consigned a Northern man
(not in rebellion) to a fortress prison, have
awakened emotions in Northern minds,
whose echo'es are yet to he heard. Free?
dom is alarmed in the North, as it h?s
been prostrated at the South: for every
man of sense knows these States cannot
live long under two governments at Wash
I ington?one Eepublican, the other dos
; potic. The gangrene of usurped power
must spi"ead, and all the States become
reduced to the rule of a single idea.
These ideas are smoldoring in the minds
of the freemen of this country, in New
York and Ohio, as well as in Virginia
and Alabama. They will burst forth
with the certainty of cause and effect.
It is impossible that the American peo?
ple who fattened upon liberty, and drank
it in with every respiration of their exis?
tence, can tamely consent to yield it, up?
on the demand of a thin-blooded hypo?
crite like Charles Sumnor, or a ferocious
dogmatist like Thaddens Stevens. This
battle will be fought, and the friends of
the old Constitution will be victorious,
and thus the American Government will
date its regeneration from the war for
[ Confederate independence. The political
sins of the nation called for this baptism
of blood.
-
From the Augusta Constitutionalist.
The Southern Dead.
We take great pleasure in copying the
following beautiful tribute to the South?
ern Dead from the Columbus Sun and
Times. Its suggestions are worthy of our
heroic women and the loved ones that
they propose to commemorate. It would
be "gilding refined gold" to add a single
word to this touching appeal, and if we
dare say ought further, it is that the
ladies of Columbus may not be alone in
this holy undertaking. Let the ladies of
Augusta, and of the South at large, emu?
late a grand duty so worthily inaugura?
ted:
Columbus, Ga., March 10,1866.
Messrs. Editors: The ladies are now,
and have been for several days; engaged
in the sad but pleasant duty of ornamen?
ting and improving that portion of the
city cemetery sacred to the memory of
our gallant Confederate dead, but we feel
it an unfinished work unless a day be set
apart annually for its especial attention.
We cannot raise monumental shafts, and
inscribe thereon their many deeds of he?
roism, but we can keep alive tho memory
of the debt we owe them, by at least
dedicating one day in each year to em
belishing their humble graves with flow?
ers. Therefore, we beg the assistance of
tho Press and tho ladies throughout the
South, to aid us in our efforts to set apart
a certain day to be observed from the Po
tomac to the Rio Grande, and be handed
down through time as a religious custom
of the country to wreathe the graves of
our martyred dead with flowers.. (We
would propose the 2d Wednesday in May,
as at that time our land may be truly
called the "land of flowers.") Let every
city, town and village, join in the pleas?
ant duty ; let all be alike remembered,
from the heroes of Manassas to those who
expired amid the death throes of our hal?
lowed cause. We'll crown alike the hon?
ored resting places ef the immortal Jack?
son, in Virginia, Johnson, of Shiloh, Cle
burne, in Tennessee, and the host of gal
gant privates who adorned our ranks?all
did their duty, and to all we owe our grati?
tude. Let the soldiers' grave, for that day
at least I 0 the Southern Mecca, to whose
shrine her sorrowing women, like pil?
grims, may annually bring their grateful
hearts and floral offerings. And when
we remember the thousands who were
buried with "their martial cloak around
them." without Christian ceremony of in?
terment for their beloved bodies, we
would invoke the aid of the most thrilling
eloquence throughout the land,to inau?
gurate this custom by delivering on the
appointed day, this year, an eulogy on
the unburied dead of our glorious South?
ern army. They died for their country.
Whether their country had. or had not,
the right to demand the sacrifice, is no
longer a question of discussion with us.
We leave that for the future nation to
decide. That it was demanded, that they
nobly responded, and fell holy sacrifices
upon their country's altar, and are thereby
entitled to their country's gratitude,
none will deny.
The proud banner under which they
rallied in defence of the noblest cause for
which heroes fought, or trusting woman
prayed, has been furled forever. The:
country for which they suffered and died
has now no name or place among the ha- ?
tions of the earth. Legislative enact?
ments may not now be made to do#honor
to their memories?but the veriest Radi?
cal that ever traced his geneology back
to the deck of the May Flower, could not
deny us the simple privilege of paying
honor to those who died defending the
life, honor and happiness of the
Southern Women.
-<?
? Josh Billings says there is nothing
more touching in this life than to see &
poor but virtuous young man struggiing
with a moustache.
