The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1871-10-19
The Ancrum and a;oykin Case-Let.
ter from Jes. Daniel Pope, Esq.

COLUMBIA, 5. e., Oct "A, ISL.
EDITOR CAMDEN JoURNAL-Dear Sir !:
have this moment read the report publish
ed in your JOURNAL, Of the examination
held before Commissioner Boonr, in the
matter charged against Messrs. Boykin and
Ancrum, as violation of the Act Of Con-
gress, known as the "KwKlux law" While
the statements made in the report are en-
tirely correct in point Of facts there is a
turn given to the report OF them viii b un-
Intentionally does injustice to the proceed
ings, as they actually occurred. Me- John
Kershaw and myself, We Of counsel for the
Defendants before the Commissioner, and
MIR. Worthington was the retained prose-
cutting attorney for the United States. MIR.
Worthington Is member of the Columbia
Bar, and was not avolunteer, but produced to
the Commissioner his warrant of authority
to act in such cases for the government
lie presented his views of the case with abil-
ity and considerable but not undue zeal,
with courtesy and with great frankness, as
it appeared to me. 1t is true: it appeared
to Mr.. Kershaw and myself, that there was
not shadow Of law upon which the prose-
cution could rest an Indictment but it must
be remembered that we were counsel in the
cause, and not entirely free from that in
fuence 1t will be also recollected that af-
ter hearing the argument upon the law ON
our side, MIR. Worthington very handsomely,
l think, stated that he was impressed by it
and it was not his purpose nor was it the OBJ
ject of the government to press any case un-
duly or harshly within the provisions Of the,
Act, and that he would with pleasure, con-
slider whether this case was not one which
could not, wth p,o1'riety, be brought nader
.Mat Act, It rtsue, ,.aaso5 that the 6t'obTurisN
sioner, Mr.. Boozer, after the argument,
ruled out the statement which we're proposed
should be received from the Defendants un-
der oath. But in doing this, he stated that
he felt himself bound by some very recent
rulings Of Judges Bond and Bryan, in the
Circuit Court in Charleston, where it was
said to have been held by them; that the
recent change Of the law of evidence i'll that
regard in this State, did not apply in the
United States Courts. /, for one, had not
been informed Of this recent ruling, having
in several cases within the last year intro
duced the evidence of the Defendants upon
indictments brought in the United States
Court without question being made as to
its admissibility. This was something of
surprise to us, but we were not prepared to
show the Commissioner that upon that point
he was absolutely in error. Every disinter-
ested witness produced by the prosecution,
clearly showed that there was not only TO
conspiracy, (Which is of course, the point of
the change but nothing like a conspiracy;
that particularly there was no conspiracy
against an officer tie United States, and
that political opinion had nothing to do
with the matter; but Mr.. Goss, the prosecu-
tor, had stated, vaguely, something to the
contrary in bis affidavit and his evidence,
and the Commissioner thought it best Gas
they were not trying the case) to bind the
parties to answer, and let the prosecuting
officer of the government determine whether
it was such case as should 60 before the
Grand Jury. In perfect good faith either
one of the counsel for the Defendants, if
acting as Commissioner might have done the
same thing. From what 1 know Of this
charge, Gas violation of the Act of Con-
gressD l know there is nothing in it-that
it is utterly without foundation, and l am
pursuaded from the spirit manifested at the
examination, that the prosecuting officer of
the government, would arrive at the same
conclusion, and am confident that no iudict-
ment will be preferred in the United States
Court against the Defendants, for the simple
reason that there is no ground for it, and
that those who have the matter in charge will
not attempt to make ground where none
exists. Very respectfully,
Your obd't. servant,
JOSEPH DANIEL PORE.