Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-12-29

keverdy Johnson ana MS learned DrOlner, MI.
Stanbery, who went down to South Carolina on
the chivalrous and patriotic Grand of defending
the victims of federal usGrpation and military
despotism on their trial under the kukluX act,
have not succeeded in satisfying their clients,
and are very much dissatisfied themselves.
They were deceived, in the first place, by the
local counsel employed to assist them, and made
to believe that the evidence in the case was very
different in character and amount from that
which the actual examination Of the witnesses
disclosed. Of course, it was not expected of
these eminent lawyers to 90 through the drudg-
cry of boxing up evidence, making preliminary
examinations of witnesses, and otherwise ascer-
tanning the ground upon which the defence
could be based. This work was entrusted, as is
usual in such cases. to their assistants, and they
seem to have msled their seniors into the adop-
ton Of an untenable line of defense. They were
deceived also as to the spirit and method OF the
prosecution. They expected to find the district
attorney relying upon the letter of the presi-
dents proclamation, suspending the habeas
corpus, and making use OF it to obstruct the
defence whenever possible.
But they found, 10 their surprise and confu-
sion, that the capital they had.expected TO make
of the denial Of this great writ, the "charter of
our liberties" was not available. They de-
manded the writ in a long and imprisoned ha-
rangue, and were disconnected !when the dis
trict attorney quietly said he should
not oppose its issue, and the court
at once granted it. The return on the
writ was not as full as they desired, and this
gave an opportunity for another indignant APP
peal, the force of which was considerably i'm
paired by the district attorneys assurance that
the prosecution had nothingto conceal or evade,
and the return would be at once amended so as
to disclose any matter of fact of interest to the
defense. The return was therefore, with the
consent of the court, amended SO as to show that
the man had voluntarily surrendered to the
United States authorities, conlessing that he
was one of party of kukluX who had murder
ed negro preacher, and that he was thefeupon
taken into custody and, al the first opportunity,
turned over to the United States marshal TO
answer for his crime according to law. There
was no dangerous military usurpaton about
that; simple citizen could hardly have done
less in these circumstances than Colonel Merrill
did. The judges suggestion, that the marshal
would bring the prisoner ieto court if the coun-
sci desired, was not accepted. There was nothing
to be made Of him, and Mr.. Johnson wisely
declined being led any further in his search for
a grievance.
In the case OF Mitchell, one OF the party who
murdered "Jim Williams" militia captain,
in York county, last March, Mr. johnson allow
ed himself 10 be led into a similar mistake. The
South Carolina lawyers, with the prcindiecs Of
their class and locality, either believed Or pre-
tended to believe, aud persuaded the leading
counsel, that Williams could be proved to be
dangerous man, Of ferocious temper and bad
character, leading a band ofmen as bad as HIM
self, all fully armed as militia, who had made
violent threats against unoffending persons, had
set fire TO houses and barns, and thrown the
whole neighborhood into spasms OF uncontroll-
able rage and terror; that his murder was not
the act of the kuklux, and had no relation to
the victims political opinions, but was commit
ted by an imprompiu violence committee to rid
the neig hborhood of an intolerable pest. This
defence would not have heen set up by lawyers
Of such ability and experience unless they ex-
pected to produce some substantial evidence in
support of it. The prosecution proved beyond
dispute, by the evidence of the order, the ex-
istenee Of the kuklux klan its constitution, pur-
poses and methods of procedure, and the mem
bership of the defendant. They proved also the
planning Of the murder Of Williams in the Office
OF the chief al Yorkvile, the details of the exc
eution and the defendants presence. The poor
fellow, an ignorant tool Of Infinitely more
guilty leaders, who had fed at the first symp-
toms Of real danger, had already confessed, and
> -''-'e have pleaded guilty If his counsel had al
lowed it.
The defense had then its opportunity to show
what terrible fellows Jim Williams and his ne.
gro militia bad been, and here the failure was
signal. Nobody had heard him make any
threats or knew of his doing any mischief
Some had heard it reported that he made terri
Bile threats, but could not say that they had fel
any apprehension on that account, and the de
feudanf's own witnesses were Obliged TO admit
upon cross examination, that for months 10
gether the negroes lay out in the woods at nigh
while no white man felt the need Of any specia
precautions iu consequence OF the terrifyin;
threats and diabocd purposes attributed tt
Williams. The telegraph informed us somed day
ago OF the result Of the trial Mitchell
was convicted, a. a prisoner against whom Their
vas such an accumulation Of unlispafed eyi