The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-19
ATTORNEY CHAMBERLAIN,s FI4sCo.
The Illogical and Disingenuous Argu-
ments OF the Government Counsel
MIR. Stanberry, In Reply, Demoiishes
the FIimsy Fabric OF the Prosec ution.
IeRoA OUR SPECIAL RRPoRrER.l
CoIuMBIA- 8. c.. December l6

The interest that has marked the proceed
ings during the past week In the case Of the
United States against Robert Hayes MITCHELL
and which has, day by day, Increased as the
defence brought to light the true condition Of
affairs In York Gounty-where 1t Is alleged
conspiracy exis;ed-culminated yesterday,
when the summing sup Of the evidence was
commenced.
1t was known that the argument would be
opened by State Altorney-General Chamber
lain, wbe has been, for some reason, probably
best known to himself and Akerman, retained
as assistant In the prosecution or persecu,Sn,
whichever it may most properly be termed.
1t was an auspiclous day. The monotony Of
the two branches OF the General Assembly mad
not yet been disturbed by dreams of per diem
that relief was sought In listening to the oily
topgued orator, who was to champion The
rights in general terms, Of somebody who
had suffered some wrong through the opera
ton OF some imaginary conspiracy. 1t nap
,i1ened, therefore, that, scattered throughout
the large but orderly and attentive audience,
were to be seen the faces OF many OF the pres
ent Solons of this once proud State. Various
friends of the prisoner, and men whose heavy
hearts have not ,st all hope OF better days to
come, were also present, and, Win CHARACTER
istic reverence for Judicial ermine, however
attentive while in Mr.. Chamberlains address
the gravest assertions were made, and the
most ridiculous supposltlons dilated upon.
1t was evident al the start, from the very
tenor of tine argument OF the attorney gene
raj, that there was power behind the throne
that the most of the listening audience little
knew of. and In comparison with which the
life or lioerty of citizen Of York County was
but a drop In The ocean. Political capital " as
to be made, and if by the twisting OF circum-
stances, by warping the Judgment OF men, or
by deduciug from an untoward, aud, perhaps,
badly conceived plan for general good, mat
ter upon which to found an inkling OF apology
for the continued existence of rotten admin
isgation, and rottener State Government, 1t
was evidently deemed tnat here was the op-
portunity, the time, the place, and the men TO
make the effort.
most singular case, the pleadings OF the gov
ernment prosecutor prayed for his conviction
of cons spiracy, the definition of which had 10
be manufactured in the argument; and for this
purpose the attOrney-general undertook to
prove that the Ku-KluX-Klan had, by written
agreement, conspired to control the elections,
and In 80 doing had committed overt acts;
that the defendant was member Of this klan,
and that the acts of any portion OF the Kan
were the acts OF each and every person said to
belong to It, The prosecution failed 10 show
that any man had beea killed on account OF
his politics, but showed that Jim" Williams
the colored man who had been killed, had the
repute OF being an incendisry character in the
nelghborhood, and that he had been reported
to have made numerous threats against the
community. In this there was conflict OF
testimony, several colored witnesses for the
prosecution having testified that they never
had heard Williams make any threats while
oolN cd IN fnr a
equally as positive in their assertions that
they had heard him frequently threaten that
If he did not carry the election, or as In one
case his language was stated, "Rue the
country" he would ''kill from The cradle up"
The prosecution, alter anchoring themselves
2or starting point upon The piece of paper
purporling TO be the constitution of this won
derful conspiracy, bent all their energies to
explaining away the convincing testimony oil
the defence. In the course Of this effort Mr.
Chamberlain more than once dishonored him
self and his Alma Mater by descending to the
shallowest special pleading, aud by all manner
of non SeQuiter arguments, seeking TO enlist
the passions and prejudices Of the jury rather
than such measure of intelligence and judg-
ment as they possessed.
was shown that Williams had been con-
sidered tolerably good man until he received
the guns from the State, (Which may be con-
strued as another commentary upon the win.
chester rifle" policy.) The prosecution ad-
mitted that Williams had been in the habit,
twice a week, Of drilling his company, and
that, during this time, threats had been made.
As an grafton, Mr. Chamberlan's argument
was we'll delivered; as a political haraDgne,
couched In terms Of simulated modesLy, 1t
NAV be so far success as to be embodied IN
the campaign documents for 1872; but as a
summing up OF proof 1T to convince jury OF
twelve reasonable men, 1t was lamentaoly de-
facient in the estimation of majority OF those
who listened 20 1t. There was lack OF con-
tiuuity, want OF sequence In the untoward
circum instances that were sought to be 1nge-
niously interviewer, while one fatal break
was left, in the failure TO connect the manu-
factured documentary evidence with the prls-
Oner's case.
At the close of Mr.. Chamberlaln's argu-
ment, which lasted abou. two hours, Mr..
Stanberry opened for the defence. He re-
marked to the jury when commencing, that
he had been more than pleased TO observe
with what attention they had listened to the
proceedings, and that in this they mad emf
neptly shown one Of the requisites of jury
men: that they had heard one side of the
question, and that now, If they could listen
with equal attention to the other side, they
would, indeed, prove themselves ut TO occupy
seats upon the panel. The venerable counsel
then diyed into the facts, and disposed of the
posilisns assumed by the prosecution Ser1dfim.
The first point 10 which his argument was
Drought was to show, by almost an unlnter-
rupted chain of evidence, that the conspiracy
which was charged in the Indictment against
Williams, to iDlure him, because ne had Voteo