The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-25
THE KU-KLUI TRIALS.
Closing Incidents Of the Trial Of White
sides and Mitchell-Mr. .Chamberlatn's
Argument-A Jury Unable tU Agree.
rFRoM OUR OWN CORRESPONDENT
COLUMBIA, 6. c., December

(FRoM OUR OWN CORRESPONDENT
COLUMBIA, 6. C., December %.
The excitement over the impeachment
measure in the lower branch OF the General
Assembly to-day. rather diminished the at
tendance in the United States Circuit Court
room, and the proceedings therein were mon
otonous aud uninteresting.
The defence having closed their arguments
In support Of aH aibi for each OF the pris oners,
Mr. Chamberlain, Immediately upon the as.
sem bling of the court this morniug. opened
for the prosecution. The tenor of his argu-
ment during the whole OF the three long hours
occupied In Its delivery was the same as In
the preceding case. much stress being put
upon the fact that the prosecution had IN their
possession paper purportlng to be the oath,
constitution and by laws OF the eKu.Klux-klan.
1t was held that as the defendants had be-
longed to secret organization in York County.
that the prosecution had proven them to have
belonged to the organization which was
governed by the rules laid down In the docu-
ment in question, and that they were, there
fore, liable under the first count in the iudict.
ment, whether they had actually participated
In any of the raids about the country or not
He drew especial attention to the fact that the
defendants were educated men, aud took
great pains to impress upon the jury the cir
cumstance of their being men OF influence
and property, and that while the government
did not want to deprive any man of his liberty
was crying for the blood OF no man-yet
every particle of evidence and every point OF
law should be pushed against them.
As to the second charge of conspiring to In
lure Charles Leach, because he was Radical;
the third count, conspiring to prevent him
from voting iu 1872, and the fourth. conspirtng
10 iDjure and oppress him because he did vote
the Radical ticket, the prosecutor labored
{.rxa o1ryf ~ fh,A 6pfAn6anfo
with all the charges. The testimony of the
ever-ready witnesses, Foster, Gum and Gun.
thorpe, was brought forward and elaborated
upon in support OF his position, as was that
OF others.
The argument was continued, with thu ileri-
table appeal to the passions and prtjudices ef
the jury OF whom nine are coiored men, and
a laborious effort, which must have been emf
nently unsatisfactory to the speaker himself.
was made to controvert the evidence produced
by the defence. showing both Of the defend
ants to have been at the house OF Captain
Mitchell during The whole night upon which /.
is alleged the offences were committed.
The charge Of Judge Bond, read as before,
hurrledly to the jury, was almost word for
word Identical with that in the case OF Robert
H. Mitchell
The jury retired Immediately, and at about
six o'clock returned into court. The clerk
asked them if they had agreed upon verdict,
man. Judge Bond then inquired of the fore
man whether the jury disagreed upon point
in law or fact. The foreman replied that it
was q disagreement upon d point OF fact,
wherenpon the Judge ordered them to return
to their room. and there remain until they
agreed upon verdict.
The Verdict.
COLUMBIA, S. c., December %.
In the case OF DR.. Thomas B. Wnitesides
and Captain John W. Mitchell, of York County,
the Jury, after having been sent back 10 their
room last evening, with instructions from the
presiding Judge to remain there until they
agreed upon verdict, this morning at eleven
O'Clock returned verdict OF guilty OF the
first and third counts, that Is, OF q general
conspiracy, and of conspiracy to prevent
Charles Leach from voting in 1872; and of not
guilty of the second and fourth counts, that is,
of conspiracy TO injure him because he had
voted, and conspiracy TO tnjure him be-
cause he had voted for A. g. Wallace for Con-
gresham.
1t is understood that the jury had conten-
tious time ofit, several of them putting great
weight upon the evidence submitted to prove
an alibi In the case of both parties, and one
iuryman, colored man from this city, being
in favor until the last moment Of the acquiltal
of both upon all the charges.
Immediately upon the rendering of the YER
dict, the defence filed motion for new trial.
Thus has ended the first step in the second
series of these remarkable trials, the final set
tlement of which rests with the Supreme Court
of the United States.
James a. Goss and James Grant were re-
moved from the positions of United States
commissioners at Union, and Mr.. H. H. D..
Byron, of Charleston, appointed, 10 reside at
Union.
The court then took recess until Wednes-
day next.
1-The ocean steamship Prussia arrived in
New York few days ago with one case of
smallpox on board of her. She. was, OF