The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-22
NOTES IND DETAILS By MIL.
Certifying the Division of the Court
Important Witnesses for the Defence
A Dramatic Exhibitton-Conclus
Teslimony-AC Clear Case Of Not Guilty.
IrRoM OUR SPECIAL REPORTER !

Tes,imony-AC Clear Case OF Not Guilty.
lFRoM OUR SPECIAL REPORTER
COLUMBIA, s. c., December 20.
The first business transacted by the Circuit
Court upon assembling this morning was to
accept bail in the sum of three thousand dol
lars for Hugh Kell, of York County, who has
been for some time confined In Jail on similar
charges as those that have been occupying the
attention of the court. Alter this, and In ac-
cordance with previous notice, Mr.. Stanberry.
OF the defence, presented formal points upon
which the judges are TO grant the GER
tifcate of division of opinion, as relates to
the jurisdiction Of the court over bur-
glary, murder, and other crimes commit
ted against the State laws. The prose-
cution also hled q similar paper, differing
somewhat In that 1t embraced the point in
language slgnifying that the judges had the
right TO inquire into, &C., for the purposes OF
measure of punishment, while that OF The de-
fence was, denying the right to try. &C., for
such purpose. Some discussion followed,
participated In by Messrs. Johnson, Corbin
and the judges, when the matter was settled
and made ready to be sent up to the Supreme
as TO the charge contained land withdrawn by
the district attorney when the objection was
rased) In one Of the indictments, embracing
the right 10 bear arms as being within the
meaning OF the acts under which all these in-
d;c,ments have been framed.
These proceedings finished the conspiracy
case OF the United States against Dr.. Thomas
B. WhiteSldes and Captain John w. Mitchell
was resumed, the prosecution calling further
Witnesses 10 prove that the parti' named In
the indictment were of party that whipped
several colored men on the night Of the 9th Of
January last. There was NO new testimony
brought, about the same facts being sworn 10
by the witnesses as have been heretofore re-
ported.
Leach. one of the men whipped, stated in
rather dramatic way, that occupied consider
able room upon the stage, the circumstances,
saying that party came to his house on the
night In question. and demanded Of him his
gun and ammunition. The vile Of this man
swOre to very much the same effect, and
neither recognized the prisoners on trial as
being among the number who visited them
The prosecution rested at about noon, and the
defence thereafter put upon the stand many
very respectable witnesses, citizens Of York
County. The same witnesses were used
for both the prisoners. Mr.. Wilson the
counsel for DR.. Whitesides leading In The e1-
animation, and being followed by O. D. Mel
ton, E.q, who, In thorough manner, brought
out such p ,int5 as were overlooked by his
colleague. All the witnesses for the defence
were subjected 10 very stict and searching
DISCRIMINATION by the dlstr.c:-attorney,
but nothing was produced to shake their evil
dence an iota. The number Of witnesses iu-
cuded those who were familiar with the habits
OF the accused, among them several ladies OF
high responsibility, and boys bnt just in their
teens, VINO all related tue circumstances as
they existed about themselves, on the night
which it Is alleged the outrage was commit
ted. aud this testimony Is given without any
chance for prejudicing the mind CT refreshing
the memories OF each other, as the witnesses
are not brought into court, as general thing,
until needed
Charles Leach, colored man. testified that
he Was whipped; by whom he did not know.
He had known DR.. Whitesides for many years,
and had always known him to be man of
kind disposition, and of good repute among
the coored people of York Couny. He also
slated that tie doctor had been in The habit OF
practicing among the colored people, and,
when they had been In need, had loaned them
provisions, and that he never knew or heard
aught against him. This man was one OF the
Witnesses for the prosecution, too.
Samuel Mitchell, Il son OF Captain Mitchell,
a boy fourteen years OF age, anu very intelli-
gent. swore that his father was at home all
the night in question, in company with Others
who had come 10 the house on account OF the
illness of Mrs. Mitchell, the mother Of the
prisoner. This witness stated that, some
time before this, digused men came 10 their
house and looked IL over from top to bottom
in search, they said, of a man who had stolen
a horse; that he did not know any OF the men,
and that they told mis- father that ne must join
the ku-kluy, which he refused to do. They
appeared by his description 10 have been
very rough party, as, 10 use the Buys own
words. ''lhey asked pa, are you Ku-Klux?
He said no, and they said d-n you, you have
to be-"
DR.. Robert R. Darwin, for many years
practicing physician In York County, Swore
positively hat in the night specified he and
DR.. Whitesides were called suddenly 10 the
house of Captain Mitchell. whose mother was
very i'll, and that they all stayed there until
after breakfast the next morning, and that
before leaving they heard OF whippings in
The neighborhood. This statement was also
corroborated by Mrs. Sallie Howe, an old
lady, and her daughter, who were present all
the lime during the same night, In alien.
dance upon Mrs. Mitchell. There were other
witnesses put upon the stand, who swore pos
itively 10 the same facts, and all endeavors of
the prosecution 10 invalidate or weaken their
testimony were unavang. Tom Bolen swore
that he had been on several raids, including
the one in question, and that The accused
were not present at any of them.
At this Stage of the proceedings Mr.. C. D.
Melton, counsel for Captain Mitchell, stated
that he had an important witness. colored
man. who would testify 10 new facts OF grave
interest, and asked that time be granted ior
him TO be found. as he was seen in the city
this morning. He stated, in this connection,
that the defence abored under great dsad-
vantages regarding their colored witnesses. as
undue influences were broughtto bear against
them. and that one important witness had left
| the CITY entirely, he having been threatened
with violence In case he testified tor the de-
i e. MI. cd 10 iirnn md