The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-23

The UNITED STATES CIRCUIT CouRr-
TRIAL OF Ku KLux CAsKs.-FR1pAx,
Deesmbers2l.-SThe d court convened at
IL A. NJ, Hon. Hugh q. Bond aud Hon.
George 8. Bryan presiding.
Mr. Chamberlain closed tho argument
for tho. prosecution in the caae of the
United States ps. Thomas B. Whitesides
and John W. Mitchell-the counsel for
the defence having been heard yester-
day. He referred, in his opening re-
marks. to the identity. in its most impor.
tant features, of the case in band with
that OF the one previously argued, in
which r. n. Mitchell WAS defendant, and
regretted that, on this account, he would
be forced to repeat, in q great measure,
the views presented BY him there, inas.
much as he would not be allowed to pre-
sumo that the jarJ were eognizant OF
aught relating to the nature OF the
oHence charged, save what Inay have
been brought to their knowledge in the
Investigation and argument of the case
now before them. There was one point
Of difference, however, between the two
cases. to which he desired. to advert, aud
that was, that the defendants, Thomas
| u,
unlike Robert Hayes Mitchell, were not
the ignorant dupes of others, and led
against their inclination and without q
proper appreciation Of the consequences
into this vile conspiracy, but were men
OF property, intelligence and influence
in their community, who would not
dei9n to follow, but aspirad to lend, and
who should be made to shoulder the full
responsibility Of their actions. The
speaker then: following the line OF his
former argument, took up frst the writ.
ten constitution and bylaws of the Ku
klnx Klan, and endeavored to fasten
upon the organization the criminal cha
racter charged in the Indictment, by the
terms of its written agreement. First,
he would note the expression, .We are
on the side of constitutional liberty. as
beqneathed to US in it's purity by our
torefathers"- innocent expression
enough ut first glance, but. when viewed
by the light of its surroundings, preg.
nant with the most portentous meaning.
The testimony OF Davis, he said, dis
closed the true meaning Of the words to
be the constitution, without the thir
teenth, fourteenth and fifteenth amend
ments. the constitution that recognized
slavery. aud by authority OF which, the
poor slave. though lao nigh. hare
escaped within q footstep of the shores
OF Canada, could be dragged back again
to the masters lash. He then reverted
to tho provisions of the Ku Klux agree.
meEt. requiring members to be armed.
disguised und furnished with signal in
struments, and the subsequent article,
prohibiting the admission Uf any person
of color; all of which, he maintained,
pointed inevitably to the conclusion
lst. BY the armiug. the going in dis
gnise. the secrecy, aud the terrible
penalty Of death affixed for the safe.
keeping OF their secrets. that the pur-
pose was unlawful, aud such as could
not stand the scrutiny Of the open light
OF dny. "a. BY the provision prohibit
ing persons of color from membership.
that it was directed against that Glass OF
people; and Sd. That by the declared
opposition to the thirteenth, fourteen th
and fifteenth amendments, was discover.
ed the intention to interfere aud prevent
the froe exercise of the right Of voting.
this right being dependent upon those
amendments. These facts, he claimed.
reasonably inferred from the phraseology
OF the written agreement, coupled with
the declarations Of confessed members.
and confirmed by the character OF the
atrocities perpetrated in pursuance oi
the objects Of the organization, were
proof as strong as holy writ, that the
puposes Of the conspiracy were such as
were charged in the indictment. The
evidence adduced to connect the defend.
ants with this conspiracy, was then re-.
viewed at length, and the conflicting
testimony as to the presence OF the de.
tendants Mt the whipping OF Charles
Leach, explained in u manner aatisfac
tory to the prosecution.
Judge Bond repeated to the Jury the
same charge. with a change only oil
names and dates. that he had given upon
the submission Of the ouse of Robert
Hayes Mitchell. and they retired to their
room.
At 4 Z. NJ, the jury not having re.
turned, the court took recess until G
P. NJ.
Court convened q. 6 o'clock, pursuant
to adjournment, when the jury returned
to the court room. the foreman annouuc.
ing their failure to agree upon verdict.
Judge Bond ordered the jury to o recon.
sideration of the case, and the verdict
not being returned at 9 O'Clock last night,
the court adjourned over to "Wednesday
morning.s the 9Th, at III o'clock; the
jury being looked up.
A small bnll pup and Newfoundland
dog were eng 'ged in long hght near
the Lakeview IN. J.) depot, on the Erie
Railway, one day last week The bat.
tie wonld undoubtedly have e,ded in q
draw. had not the little dog pulled his
antagonist on the track and held him