The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-21
THE USrrrn STATES U1noufr Counrz

| u
liza. H., Hon. Hugh L. Bond and Hon.
George 8. Bryan presiding. & fs q
! Mr, Corbin announced that ha. was
ready to proceed wish the tiial of the
other defepdants, Joined with Robert
! Hayes Mitchell siaf the Indictment, -or
with another case, liz the defence were
not prepared in that.
Mr.. Stanbexy stated that Major Hart,
the local counsel in the case, was not
present, bISWolid be in on tho Q O'Clock
train from Yorkville. 5StE
The case Of shs United States vs.
Thomas B. Whitesides and others, was
then taken up S-st,(5,i SG
i Mr.. OmBin stated sthat lie preferred
y Join the defendents in the trial, if
they would consent not to sever in their
challenges. ft4.f,s
Mt:sO. D. Melton, counsel for John
w. Mitchell. the only one of the dofend.,
ants. except r. B. Whitesides, that had
been arrested, expressed his Willingness
to loin his client with DR.. Whitesides in
tho defence, and the trial proceeded.
MIR. w. B. Wilson appeared as coun-
sei ZOE DIR. Whitesides. The defendants
we're arrafgued and plead not guilty.
Ihe jury was then empaneled as follows:
Mhites-David Leahy, foreman, Alfred
Haggerty. John D. Dunn; colored-Jas.
i. Holloway, January Simpson, Joseph
Smith, VIM. +. Dover, VIM. Smith. Oy.
rus Aston, Henry Fordham, John Free
man, John w. Gordon.
The clerk read the indictment to the
Jury. The first count charges q general
conspiracy to hinder aud prevent divers
male citizens of African descent from
the free exercise of the right of voting
ut IN election to be held ou the third
4 Wednesday of October, 1879. The Sc.
cond charges aspecial conspiracy against
CHARLES Leach, to injure and oppresa
MIN, because he had voted in 1870. The
third charges conspiracy against Charles
Leach, to hinder and prevent him from
the free exercise OF the right to vote in
1872. The fourth charges conspiracy
against Charles Leach. to injure and op-
press him, because Of bis having voted
Tor A. 3. Wall@e. in October, 1870.
i Mr.. Corbin addressed the Jury in
short preliminary speech as follows:
1t seems to me, gentlemen, almost un-
necessary to make any remarks in tho
opening OF this case. But perhaps it
may he as we'll to direct your attention
to the points which the prosecution shall
attempt to establish under this indict-
ment. III,
First. we shall show you general
conspiracy. aimed against certain class
OF our citizens, to prevent their free ex-
ercise of the right to vote; that their
purpose was, by intimidation, threats
and actual violence, to force colored
voters from their political allegiance;
ana that they were armed. disguised,
&C., and intended to control the cleo
tions. We shall show you that these
uefendents were members, and that,
pursuant to the designs of the conspi-
racy, they went upon several raids, and
against Chas. Leach; that they whipped
ana beat him severely, because he was
Radical, and to prevent his voting in the
future, and because he had exerciued
that right in the past.
we will further show that they whip
ped and beat a number of other colored
men, and, more than that, whipped.
maltreated and ravished women in the
most brutal manner.
The prosecution thon entered upon
the examination of their witnesses.
Osman Guntharpe was first put upon
the stage. He said: was initinted into
the Au klnx K!an III August, 1868, by
Dr. Edward Avery. at Ebenezer, near
Rock Hill, in York County. He told
me the object was protection for our
selves and families. After I Joined. T
found their purposes political, in the
interest of the Democratic party, and
withdrew in November, 1868.
MIR. Corbin read paper, purporting
TO be the constitution and bylaws of an
order OF the Ku Klux Klan, and the wit
ness said that it embodied tho same obi-
cations that lie had subscribed, and that
the understanding was to crowd Radi-
Gals from the polls
GROSS. .exnmlned-I was not at the
polls at Rock Hill on the day of election.
There was no interference at the Boyaton
0ox. where voted. L heard from Mr..
Cathcart, brother member, that the
intention was to crowd the polls. 7
know of no such object having BEEN de.
clared Mt any meeting. It was under
stood that no force was to be used. I
Joined for protection against tho oolored
peoe!e-nct that myself feared them,
but there were rDmors of threats by
them; and thought it might be MS well
TO be prepared
Testimony OF Lawson 3. Davis, white:
joined an organization about the mid
die OF January, 1871, known as the In
visible Empire of the South Wesley
Smith, +. j. Parks, and my brother,
Marshall Davis initiated mo at my house,
at night. I don't recollect much about
the obligation, except that the penalty
Tor divulging was death. The object
then was mutual protection against ap.
pretended danger from the coiored mill
tia.
MIR. Corbin here read the same paper
that he read to Guntharpe.
Witness-I think that is the same obi
CATION that took, except that where
you read. eve oppose and reject the
principles of the Radical party" We
bad 1t, "We oppose and reject the thir-
teenth, fourteenth and fifteenth amend.
n,ents to the Constitution" The signs
OF the order were these: If you met