The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-30
SENTENCING THE PRISONERS.
The Evidence in the Case OF MITCHELL
Motions for a New Trial and I'm Arrest
OF Judgment Overruled-End Of the
Ghastly Farce.
[FRoM OUR SPECIAL REPORTER

COLUMBIA, s. c., December %.
The proceedings to-day In the United States
Circuit Court have been important and signif-
cant. First came the continuation ofth trial
of John 8. Miller, indicted, 1t will be remem-
bered, for consprinZ to prevent certain
colored citizens from voting iu October, 1872.
The defence called to the stand Daniel Mcclure
and Edward Ross, both colored men, Radicals
and near neighbors of the defendant, who
testified positively to the excellent reputation
borne by Mr. Miller among the colored
people; to his we'll known opposition to
and disapproval of the Ku-Klux organiza-
ti0ns, and to the fact that he had In
different instances kept the guns Of his
colored neghbors In his own house
to prevent their capture by the Ku.kluX.
Daniel Carroll, white Radical. testified that
he believed Mr.. Miller was Radical, aud that,
In fact, 1t was necessary for every man who
had colored hands In his employ to be Rad-
cal to prevent his hands being run off. He
had accompanied MIR. Miller 10 the Ku-Klux
meeting at Shawn Church, described in pre-
vious testimony, and believed that Mr.. Miller,
like himself, went there and appeared to act
with the Eu-k4uN purely as mutterut- pro.
lection for himself and his colored hands.
This concluded the testimony, and the case
was submitted to the jury after brlet argu-
ments by Mr.. Wilson for the defendant, and
the district attorney for the government. The
jury were absent only few minutes, and re-
turned the usual verdict Of guity-a verdict
that cannot but be considered totally at varI-
ance with both the law and the evidence, but
which probably surprised no Intelligent person
in the court room.
The presiding justice then. upon the mo!ion
of the district attorney. proceeded 10 pass
sentence upon the various defendants who
had been convicted, and those who had plead
ed guilty. The first name called was Sherod
Childers. and Judge Bond remarked that, in
asmuch as the prisoner had pleaded guilty,
aud thereby evinced q certain measure of re-
pentance, he would be sentenced only to
eighteen months Imprisonment and fine of
one hundred dollars.
William Montgomery, Evans Murphy and
Hezekiah Porter, having also pleaded guilty.
each received like remark aud sentence.
Robert Hayes Mitchell was next called, and
Judge Bond announced as the decision of the
court that the two motions In his case (the
motion for new trial and the motion in ar
rest Of juigmenU were oyerru!ed. Sentence
was then pronounced Of eighteen months i'm
prisonment and one hundred dollars fine.
Samuel G. Brown was called, but asked and
obtained postponement of sentence until
tomorrow morning in order TO secure certain
additional affidavits in mitigation OF his Of
fence.
Captain John ". Mitchell was next arraigu-
ed, and received the extreme sentence of five
years Imprisonment and one thousand dol
lars fine, Judge Bond asserting that the Sc
verify Of the Sentence was warranted by the
circumstances that this defendant was the
chief of klan, and man Of property and
influence.
DR.. Thomas E. Whitesides, who, 1t will be
remembered, was proven, beyond all rea-
sonable doubt, to have been with Captain JnO
w. Mitchell In attendance upon Captain Mitch
ellis sick mother during the whole night Of
of the outrages they were charged with CON-
mittlng, was sentenced 10 one years imprison-
ment and one hundred dollars fine, the Judge
ipgenuous,y (?l remarking that his connection
with the Ku-KluX-Kan and lis misdeeds ap-
peared to be light.
John s. Miller was called up, and his case
provoked the very naive remark from the pre-
siding Justice. that he seemed 10 be the least
guilty of any that had been tried. This state
ment might very legitlmately be construed
into certificate Of the most perfect inno-
cence, but the judge hurried on to the sem
tence of three months imprisonment and
twenty dollars fine.
The Shearers-Sylvanus, Hugh, william and
James B. Shearer-wlthdrew their previous
plea of not guilty, and. pleading guilty, were
each visited with the penalty Of eighteen
months imprisonment and one hundred dol
lars fine; and thus this horrible farce, so far at
has been played to the end. PICKET.