The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-20

nens was tse saarshaa deputsd % serve ssOpseaas
for Witnesses and no made oath that he served subj
psenas upon Aaron BiggerstaH aad Mary Ann Nor
before THIS court tins day and tnas the w,ineses
declared that they would not appear as summoned
nude aw sSss Se e Ws
unable 70 attend before the United States com MIA.
the United states, ON account OF Injuries re-
celved while on his way TO appear before
from III eats received he further swears 6at he dnes
not believe his life would be sale IN Cleveland
county. The third paper read was letter from
Carpenter, another important witness. stating that
nc most respectfully declined to appear as 4 wit
ness as from threats made against him he believed
and that lie should not attend withou protection.
The affidavit from Biggerslaf developed the fscs
SECOND ALLEGED OUTRAGE
had been committed upon HIM only three days ago.
lie was coming from hs home on his way to Shelby
ana cinped IN ms wagon little way from Shanks
About one or two O'Clock IN the morning party OF
eight nien attacked MN, beat him. broke his arm
and matreated his daughter. The accused
ku klux denounce this story Us trick
to make their conviction more certain ana
to produces political effect throughout the
country. rhey say that this last outrage was
cOmmLted by BigyerStail'S own political friends.
who for the nonce, assumed the disguise OF the Ku
Klux, ana THAT when Biggerstafr appears In court Il
Will be found that his arm Is not broken and that
his other injuries are very slight Certainly It seems
rather n probable that on the eve of a trial the Ku
Klux should take TINS singular mode OF aggravating
general public opinion against them. II they had
killed Blggel5IaK and his daughter outright, ana
thus have sil,'nced them forever.
The counsel for the DEFENCE Captain Durham,
Colonel Mackenzie MIR. Cavendlsh ana Major Lee.
asked
WHAT THE COURT INTENDED
to do.
The Commissioner. with evident nervousness said
he supposed the case would have to stand OveT
until the June term and that the preliminary exam
NATION had belter be dispensed with. The accused
would have to go TO Trial in any case.
Inc uefcnoaltS' counsel replied that surely tho
court COulu not DC serious tnlS proposal TO hold
thirty men IN the absence OF any testimony against
them. The Court could scarcely have sustained
grosser insult Than thus TO have its subDGnas impu
IDENTIFY dIsregarded. Never was there more inia-
afraid 10 come 10 Shelby, because to DO would put
their lives In peril. the people OF Cleveland were as
peaceabe ana iaw-abiding as could be found in the
United States, and Tits was wicked attempt to
make political capital, and thus give excuse for
again placing the State under military government.
honestly and boldly. The witnesses knew that these
statements were false and that not hair OF the.r
dencc they might give. The delendants-
thirty IN number-were all in town at
an examination Of the most rigid ana strineans
character. The motion was therefore now made
that the a Court appoint couple OF marshais %
following Gay. Speaking IN the name OF the people
OF the county, the assurance was given that ne
harm would be done them. Ii necessary,
GUARD OF FOUR OR FIVE HUNDRED
men should be voluntarily raised 10 serve as pr0teo
ton to the witnesses.
The following important evidence was then given
by the sneris IN regard to the conduct &C.. OF tho
Witnesses
Martin Walker. Snerir Of Rutherford county,
sw0rn-Knew that the parties now arrested had
been arrested before on the same charge by judge
Logan and had been kept Two days in jail IN c0nse
quence and had only been released upon giving
heavy bonds to appear on the sth OF May; tho sk
May they apr cared, but Judge Logan aid not hold
court, as he professcd to be afraid to do 80.
Sheriff A. Il. Long, OF Cleveland, sworn-I saw
Aaron Blggers:an, the complainant yesterday morn
ing ana served subpoena upon him 10 appear hero
to-day; Mrs. NOrvllie was also sent for and came
down stairs; ! subpGnaed Them both; Bggerstan
complained OF his arm, and said 1t was broken In
one and perhaps in TWO places; did not see any
thing the matter except that his arm was In sling:
ne complained OF beng very feeble; he said ne cOu0
not and would not come to-day and Mrs. NOrvlli0
then SAID II shall not come;' should think Bigger
stan would have been able to travel.
Cross-exaMlned-Did you hear anv one advise him
not to come herey A. heard Mr. justice say to him
that he did not think 1t would be safe for him to
come here.
Q. state exactly what he said A. He said he did
not think it would be safe for him to come among
such murderous SET then offered to take him
down myself, ana told him tnat not hatr OF has
head should be harmed.
z. Did you ever have any difficulty in making ar
rests III this county2 A. amt never failed In max
ing one vet.
After the foregoing evidence had been taken tho
Commissioner granted the motion, and The marshaa8
appointed Will bring all the witnesses IN tomorrow,
except IN such cases where satisfactory medical
tlticaIes OF inability TO attend are offered
Ii would OF course, be unfair to stale any general
conclusions before the examination IS made, but
the reluctance OF the witnesses to attend certainly
looks very bad. The pretcnce that their lives would
cepted as SUFFICIENT for one moment. There IA no
one here on the ground who can doubt that they
would be as safe III coming here as in their Owa
homes.