New-York tribune., 1871-12-18
THE KU-KLUX.
PROGRESS OF THE SOUTH CAROLINA
TRIALS
CAROLINA DOGBERRY-A HEAVY LOAD foh
KEYERDY JOHNSON.


Of tho United States has been In session hero two weeA
md although tho whole Of tho time OF the Court nAs
been devoted to KuKlux business tho Government "e
not yet had an opportunity to bring before Iio Iou'
and the country In the shape OF testimony those pfu
and bcasty crimes which havo long been vaguely
believed to exist and which now suDstaht'ateu w
yond all reasonable donbt. evident al ths VI
the proccedngs that this delay has been cau5eu ny "
intent OF the defenso to their ccntS- o' ,he ~
ocratic party. first Of ALL and above all, anu
the prisoners they represent before the Cou. iho pm"
OF the campaign has been to mako stanu "'u 'o'N
fight ia the shape Of arguments upon o'ery Poi VI W.
law with view to delay to the last the revealing III tnc
Testimony which will come and which, appalling ~ the
facts arc the nation is so anxious TO hear This delay
has been engineered by tho defense with Miea"pc
like hope that something would turn UP W hceP "'
facts from the eye Of the public.
Long before tic Court convened severai OF the
man n, rho democratic party in this sate-Wade Hamp-
to, foron,ost of them a-tOok active measures 10 raise
supplies So far as appears upon the surface OF 'her
they began by issuing circular 70 o sew
oral couues assessing each for specific sum to be sed
I'm defcndinp tle Ku.KluX criminals, and In employing
eminent council test the cOnsttuiionaty oi te laws
under which they were TO DO tired. Acths upon 'nis
notice of assessment those men who are always prohi
pcpt in Democratic movements in the various coun'es'
orcori,ed committees and sub-cOmmees, ana went
earnestly 10 work. in obedience TO the commands OF ther
r,ast,rs The result all this Is that tho Hon. Ec'erdy
johnson Of Maryland ana the Hon. Hemy "'ah-
berry Johnsons exAttorncy General arc within inc oar
az tho Court ostensbly defending the prisoners from
conviction and i1nprisonmcnt really defending the
Democratic party from tho dnmna0n that VIII iOiloW
n,ll DEVELOPMENT OF tho facts in the several cases.
The Court toward whom these gentlemen are
aiming tlClr cl0Guonco on tie Questions 'ney
havo chosen TO make, Ia composed or Circuit
Judge Hugh l.. Bond and District Judge Geo s. Brya
Judge Bond is q resident Of Baltimore, Nd, where he
has had long experience lawyer and acquired en-
viabe distinction ~ criminal judge. He Is unhes
tating and lust in the prompt decision OF Incl
dental disputes patient and careful in forming tudg
ments unsettled QUESTION: BY the entire bar OF MS
circuit lie Is regarded the equal Of any judge OH the
Bench, and q gentleman Of the highest charactcr
Judge Bryan. his associate in these trials, Is
a resident Of Charleston In his early youth
he studied law, and admitted To the bar
Judges forte however is poetry TO the study OF
which lie has given the best years OF his life, and rs
result his lahors hs library now conflns large nun
Der copies Of poeca volume that owes its birth to
him. The work published pIlvately for tho scns
tive nature OF s could not bear to cast 1t out
upon cold and unapprecietivc world; but, with the
characterize generosity Of Southern gentlemen the
Judges friends are always welcome to COpiesthat H. II
they don't critcisc tEcm aferward. Having thus de-
voted his life exclusively to literature Bryan was hardly
prepared mt years Of age to occupy position on the
Bench whatever his qualifications may have been
bis commission bears the signature Of Andrew Johnson.
However Justly the Judge be an object OF pride to
his couitrymcn, poet and orator. one is bound to
express different opinion 0f his Judicial ability, or
lack in irankncs. Ii ay lie disreSIeCtlul 10 crcise
the behavior If Judge and bad taste TO speak harshy
Of old but If there are exceptional cases, his
certainly is one. Judge BRYAN. the Bench. Is weak
vaclating, ignorant and od-woiuanish and II not
add that he IL far from being always cOurte-
TO his presiding brother, and his whole bearing IA
associate Justice is marked by bad taste in the highest
degree He to express the opinion Of the court
questions that for the time, absolutely within
the cogrzance Of the presiding Judge and puts himself
forward all occasions to the exclusion OF the pre-
siding Judge the obstruction of business and the
ancc of all concerned. single instancelof question
upon which the Court desired adyiscnent rs stated by
this learned functionaIy The dispute between counsel
whether the defense were entitled to ten percmptory
challenges Of jurors. more In not capital The
quandary. The Judge (3iyaDl stated the
| difficulty IA follows:
"This is a matter Of the grayes importance We arc
shut up ly very severe dec' ion To xpeced
suit as in case Of this kind where the state ha a night
of challenge and we are forced 10 cohcison under
ever criminal niattci to here u the United states
Court that the uninodfed common law and tn, coln"
Carolina and England at the time of the adoption OF the
before the nGnintd common m law Sh Ge
the lnv, hut seems to that it carrying the de
raon m @ We tr sh3ud be s Up to so
mon law, In law modified by statute at the
states. modilcdn South Carolina ana in England but
tho common law uumodihed by statute that Is tho
the rule of practice here modified by common law,
hut The common law itself nnmoiicd under these CIR
desire to look carefully into the de-
csion in Howard Ia whether shut up to such
u conclusion that is il We cut 0f from all progress.
and to accept the common law uninodhed in the
common law as modified by statute ut the tune Of the
adoption of the Constitution OF the United States to the
unnlodifled common law as the rule Of our action"
Mr.. johnson remarked thar he was satisfied with the
decision OF Howard Indeed, he sald 1t wOuld be
very bad In me, Of which trust should he
guilty assai any decision of the Supreme Court of the
United States"
These remarks were phonogTaphcay reported by Ben
Pitman; and he, with many others who heard them,
vouch for the fact that they are reported rerba
Can there any wonder that the presiding Judge yielded
to the importantly of his associate and without estab-
fishing general principle, gave special permission in
each case to the defense TO challenge ten jurors per-
emptorllyf
III accordance with their plan to obstruct the Govern
every step, objection made select
Ing taesmen from any other bysanders than those who
resided in the District where the oenses alleged
have been committed Mr.. COrbin, the DstrictAttOr-
divided into two Dsrcts but these Districts were ony
for the purposes OF the District Court and that so far
but single District. The object Of this endeavor on
TIE part Of the doense, will be understood better when
the taosmen would have been taken from the Western
district wherein all these crimes have been committed
The Court, however, held with the DisrictAttOrney
The first "tue bin was found ON Saturday the 2d
inst IT being against Alien Crosby. shercd Childers
Banks Ken, Evans Murphy, Hczekiah Porter sylvanns
Hemphill, and william Montgomery Of Yofk County, all
being charged in the first count with having consprcd
to violate the first section OF the enforcement act Of 1870
by hindcring male citizens Of the United States Of Ar
descent above the OF 81 years. qualified to
from exercising the right OF voting IN the second with
having cOnspred to deprive AMI RaiAey, colOred cit
zc OF the right Of suffrage secured to him by the Con-
stutOn and laws OF the United States In the third.
with the same Ocnse In the second, adding burglary;
in the fourth. conspng to control Amz Rainey In the
Of the right Of suffrage secured to him by tho
Fifteenth Amendment TO the Constitution Of the United