The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-30

The UNITED STATES Court, FRIDAY,
December 20. 1S7l.-The Court met at
IL A. NJ, Judges Bond and Bryan on
the bench.
Mr.. Corbin announced that there were
several prisoners who desired to plead
guilty, aud whom he wished to have dis
posed OF. They were called as follows:
Josiah Martin, Eli Ross Stewart. Henry
Warlick, Milos Carroll, and plead guilty.
as they termed 1t, to being on one raid,
the Jim Williams raid.
Henry Warlick stated that he had been
on two raids, the Jim Williams and the
raid on Gus. Latta. He was fined $IOO
and sentenced to imprisonment for
eighteen months.
The same judgment was passed upon
Milos Carroll, El; Ross Stewart, and
Josiah Martin. They all stated that they
met at the Briar Patch the night of the
raid; understood that the purpose of the
expedition was to obtain the militia arms
at McOonnellsville; did go and did take
number of arms, and knew nothing of
the hanging of Jim Williams, until after
it was finished; aud thnt they neither
saw nor heard Of any other ncts OF vio-
lence that night.
Samuel &. Brown, who was yesterday
allowed until to-day to make his state
ment, was called up to the bar of the
court. He said he had scarcely any thin ng
more to say than was set forth in the affi-
davits which had been submitted in his
behalf.
Judge Bond, for the court, said that
inasmuoh as he, Brown, was man OF
age and influence, had occupied judi
cial position in his County, and so far
from endeavoring to restrain those
young, ignorant and misguided men,
| who formed the active element of the
Ku Klux Klan, had joined with and
abetted them in their criminal acts, the
Judgment OF the court was. that he be
fined $1,000 and imprisoned for five
years.
The case of the United States vs Ed
ward L. Avery and others was then
called. Edward Il. Avery was arraigned
and plead not guilty.
The following jurors were ompanelled:
Whites-P. B. Glass, foreman; w. n,
jackson and William Reid: colored-
Ephraim johnson, VIM. T. Dorm, VIM.
Smith, Josiah Munnerlyn, Gabriel Coop.
er, Philip Salters, Andrew Curtis, Ed.
"dIu 1seIu, JOuu III. dOrQOn.
The indictment, like the previous ones,
charges, first, general conspiracy to
hinder and prevent divers male citizens
OF African descent from exercising the
right OF voting; and, second, IL special
conspiracy against Samuel Sturgis.
Mr.. Corbin delivered short prelimi-
nary speech to tho jury, saying that he
| would first establish the fact that there
| IN
spiracy. under the name of the Ku Kiux
Klan, designed to rob the coiored peo.
pie OF the free exercise of the elective
franchise; that it was armed with pistols
and guns. wore DISCUSSES, operated at
night, and attempted to effect it's ends
by killing and whipping prominent white
and colored Radicals. And, secondly.
that DR.. Avery was IA member of the
| klan, and an active leader aud partioi-
pator in its midnight workings.
The prosecution then entered upon the
examination of witnesses.
Osman Guntharpe was first examined,
He said: live in York County; have
been living there for u number Of years.
joined the Ku Klux Klan in 1868, and
was Initiated by the prisoner, DR.. Avery.
he repeated the onth orally. I recollect
some part of the oath; recolect that I
awore to oppose and reject the principles
of the Radical party and to protect
women and children. DIR. Avery told
me that the object was self-protection,
but after I joined found it an organi-
zation In the interests of the Democratic
party; and just previous to the election,
in 1868, understood from MIR. Cathcart,
one OF the members, that it was the in
tention to crowd the polls at Rock Hill
and force the Radicals back. did not
attend at the polls, and soon after got
my discharge from DR.. Avery. I was
initiated at night; was blind folded,
made to kneel down and take the oath,
and when l was unblind.folded I saw
men standing around with pistols pointed
at me. The signs were given me There
the witness gave the same signs of pass
ing the hand over the ear, &c., as have
been before published1 and I was in
| structed to provide myself with pistol
and disguise. DR.. Avery had gown
of red cloth and mask for his face.
Cross-examined by Mr.. Wilson,
joined because of apprehensions in the
neighborhood of the negroes rising. but
[ was not afraid myself. I don't know
of any force or threats being used at the
election ut Rock Hill I had moved off
to Cherokee Township, some thirty i've
miles; there was no interference in the
election there. didn't know that the
organization was disbanded in the fall
after l loft; never heard of it after
wards. There was no constitution that
l know Of, and only two officers
Cyclops, or chief, and a Scribe. never
heard of any raid by tue association, or
of any interference with voting, aud
never heard anything whatever OF the
association after 1868. Don't know that
it was in existence at NIL in 1869, 10 or
II.
Lawson Is. Davis was the next witness
examined. H0 said: reside in York
County, sixteen miloS West from York