The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-19

toAo 0ss8uise0 ho hiux band can be
found to do the work. Gentlemen, you
can but know what they went for. Why
did they want those arms2 Why desire
to render this man powerless? It was
for the sole reason that Radicalism could
yet be protected in this one spot. under
the gleam Of James Williams bayonets.
The defence have adduced some straR-
CLING testimony to prove that he was q
bad man. made threats. &c., but they
have failed to bring. out one iota OF evi.
dence to show the sArst disorderly con.
duct or dangerous act OF James Viii.
liams or Of his company prior to his
death. On the contrary, he behaved
With extraordinary moderation and for.
bearance; and while the whites are Ku
Kluxing all around him. and he knows
that every night men Of his race are
compelled to flee from their homes for
protection. he agrees to cali joint
meeting with his enemies, to see II the
militia arms was what angered them,
and they declared not. Yet it was James
Williams threats that caused his death.
Bnt do you believe he ever made the
threats ns charged by the defence? His
entire past reputation and. every act OF
his life contradict it. Who tell of those
threats? Only three white men and
three Democratic negroes ever heard Of
them until after his death That is the
evidence. and do not believe, nor do I
think that you can believe, that any suoh
threats as those attributed to him we're
ever made by him, unless. indeed, in
view OF the outrages OF the Ku Klux,
in which event. they are perfectly justi-
fable. This, gentlemen, is our evidence:
Robert Hayes Mitchell is one OF the
party that went to the house Of James
tl,o 81 n
along throughout the raid. The object
OF the conspiracy wa6 to terrorize and
intimidate by killing and whipping the
colored voters OF York County. On the
9th Of March they went for that purpose.
and went to injure and oppress. and did
actually murder James Williams, be.
cause he had voted. For Robert Hayes
Mitchell, who can entertain feeling
other than pity. He was but the igno-
rant tool OF designing men. Yet he
represents an organization the sworn
purpose of which is to put down po-
litical party by killing and whipping it's
negro members. I would could ask
for mercy foF Robez. Hayes Mitchell
Individually he is an object of pity; but
II we lift the eye af the Imagination and
look beyond him, we can see mighty
array Of his co-conspirators Watching
|
resentative. Let the majesty of the law
be vindicated to it's fnll extent, knowing,
as you do, that there il power behind
you to moduiate punishment in accord.
ance to individual guilt.
MIR. Chamberlain was followed by Mr..
Stanberry, speaking in substance as fol-
lows:
GENTLEMEN OF THE JURY: It is graft
lying, not only to my eloquent friend
who has just addressed you. but to all of
us around. to note with what interest
aud attention You listened to his argu.
ment. This is q high characteristic Of
good juryman. You know that grave
doubts have been entertained as to whe.
ther your race-I mean the race OF ten
OF the twelve Of you-the colored race,
have arrived at that stage of intelligence
and enlightenment that would fit you to
sit IN Judgment on your fellow-citizens
80 fnr as strict attention goes, you have
shown high qualification OF a Juror.
You have listened attentively to ons
side. at least; perhaps it is the side that
most elicts your sympathy. Now it re-
mains to be seen if you will hear, with
equal attention. what can be said in the
prisoners behalf. If 30. you will have
taken another step in the demonstration
OF your fitness to exercise this high
trust. But still, that is not all. Will
yon hold the scales Of justice with an
even hand; divest yourself Of all pre-
ludices Of race and pre-conceived opinion.
aud fairly. justly and int,lligently de-
eide the issue between the Government
and the prisoner at tho bar. II you
will. then /, for one, am prepared to
| welcome you with open arms to the full
enjoyment Of ono and ali the privileges
OF citizenship. This, gentlemen. this
right to sit upon the jury box, is the
highest prerogstive of the citizen. Your
right to vote and hold Office effects
directly only the property of yonr neigh
bors; but the juror decides and deter
mines tho dearer and more sacred right.
OF life and liberty. Acquit yourselves of
this high trust. and you establish your
title to everything else. The anoients,
who were wise mentor surely there
were wise men before our day-were ac-
customed to embody their idea of iuatioe
in the representation Of femsle, holding
IN even poise the scales. and with flllet
around her eyes, that she might see
neither friend or foe. That is the spirit
with which juror should be actuated,
and ii you are not, then you are unfit to
sit in that box.
| When we came on here, my learned
colleague and myself, as counsel in these
cases, we expected to argue only the
legal points. aud leave the fnots OF the
case to local counsel But insensibly,
we have been drawn on, in the trial OF
examining witnesses. &C.; aud. after
hearing oil the testimony and studying
attentively the manner in which their
offence has been charged. we have come
to the deliberate conclusion that this
prisoner is not guilty as indicted. He is
arraigned upon one charge, and attempt
ed To ha tried nn0n annfhar Ynn ronaf