The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-13
The UNITED STATES CIRCUIT Counr-

The UNITED STATES CIRCUIT CouRT-
TRIAL OF Ku Knux CAsEs.-TusspAY,
December 12.-The court convened at
10 A. NJ, Hon. Hugh T.. Bond and Hon.
George 8. Bryan presiding.
MIR. Hart aubmitted Q motion, accom-
panied with affidsvits a. to the peouni.
sry disability OF the defendants, that the
clerk be ordered to summon witnesses
in the case OF the United States %. John
p. Gage et al, at the expense OF the Co.
vernEent.
Judge Bond refused to grant the or.
der, because no bill had as vet boon
found against the parties by the grand
jury,
Mr.. Corbin announced to the Court
that he was ready to proceed to trial in
the case of the United States ps. Robert
Hayes Mitchell, Sylvanus 6hearer. Wm,
Shearer, Hugh KelI, Henry Warliok,
James Neil, Addison Carroll, Miles Car
roll, Eli Ross Stuart and Josiah Mnrtin.
charged with conspiracy against James
Williams. alias james Rainey.
Judge Bond announced that the court
had not yet decided as to the validity of
the courts charging violation of the
right to keep and bear arms.
Mr.. Corbin theu said, as there was no
other business before tile court, and as
he was anxious to be getting on in the
trials. he would enter a noNe prosequi to
the questionable counts, and proceed
with the others which charge conspi-
racy to violate the right OF suffrage.
Tae parties indicted were called, and
all answered to their names, except
Hugh Kell and James Neil.
The District Attorney elected to try
first Robert Hayes Nit hell, and the
clerk proceeded to empL incl the jury.
James Simpson. (colored.) was the first
name drawn. He was examined on the
roire dire and accepted. Also, the fol.
lowing: William Smith. (colored,) Barn
we'll; Ephraim Johnson, (colored, J
Georgetown; +. j. McMaker, (white, J
Newberry; James Magill, (colored,
Charleston; Gabriel Cooper, (oolored. ]
Joseph Taylor, {colored,) Wm. Mooney,
(white,) Columbia: Phillip Salters, (co-
lored,l VIM. F. Dover, (oolored,) Charles
ton; Josesph Keene. (colored.) States-
burg; Isaac Black, (colored,) Columbis.
All Republicans.
The following were rejected by the
prisoner, under his right of peremptory
challenge: Edward Reid, Addison Ri
chardsou, Henry Daniels, David Leahy,
Andrew W. Curtis, Henry Fordham,
Adam Cook, N. e. Edwards, colored,
and w. H. jackson. white.
Mr.. Corbin challenged peremptorily
Andrew w. Burnctt, of Charleston, and
ordered to ''stand aside" J. p. Holloway
and John A. Pugh, colored, and W. II
DeBerry. of Darlington, white: u. q.
Rainey was disqualified, on account of
Court of the United States within two
years.
After the jury was formed, Mr.. Corbin
addressed them. Ha dweit upon the
importance of the trial, aud stated tlIat
the Government would endeavor to
prove. first, general conspiracy of
armed and disguised parties, bound to.
gether i'll Il secret organization, by All
oath, the penalty for tho infraction of
which was death! death! deathI aud the
purpose OF which was to control the CO.
lored votes by threats. violence aud in
timidation; that they were first orRa-
nlzed in 1868, suspended operations
somewhat in 1869 aud 1870, but loomed
up into more terrific proportions again
in 1871; that by them, or through their
agency, many colored persons we're
whipped, abused and killed; that they
murdered Jim Williams. the particular
points Of which homicide lie would
bring ont OH tho trial; that forty or fifty
OF these conspirators met, armed and
disguised, at nn old muster ground,
known as Briar Patch-proceeded from
there stealthily, in the night, to the
house of Jim Rainey-broke into his
house. dragged him to the woods, aud
hanged him by rope to tree until he
was dead, leaving pinned to his breast q
card, with the derisive words, "Jim Raj
ney on his last big march, that the said
parties visited other colored persons
also, aud compelled them to take an
oath not to vote the Republican ticket
again; and that he would show that this
was done not only to prevent Rainey
and othors from voting III 1872. but be-
cause of their having voted in October,
1870.
The witnesses for the prosecution we're
then called.
Mr.. Stanberry demanded that they be
kept separate, and that the others be
taken from the court room while one was
giving his testimony.
The Court 80 ordered.
The first witness called WAS Lieut. T..
S. Godfrey. Lieut.. Godfrey stated that
he was Lieutenant in the 7th United
States Cavalry, and was stationed at
Yorkville.
The witness was here interrupted by
the entrance Of tho grand jury, who
made the following returns:
The United States rS. John p. Gage,
Ernest Lowry, Edward 7. Avery, How
nrd Davis, alias White. Henry Toole,
alias Henry Few, Frank Cowan, Frank
Fewell and Samuel Stewart, charged
with conspiracy against Isaac A. Postcl.
True bill. II. J.. JACKSON,
Foreman.
The United States os. Napoleon Mil
Ter. Rufus MoLain, Chambers Brown,