The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-23
TIE PROCEEDINGS on THURSDAY:
The Testimony In the Cases OF White
sides and Mitchell.
[FRoM OUR own CORRESPONDENT

| [FRoM OUR own CORRESPONDENT
COLUMBIA, S. C, December 81.
At the converting of the Ku-Klux court this
morning, the case of the United States We. DR..
Thomas B. Whitesides and Captain John W.
Mitchell, Of York County, indicted for con-
spiracy. were continued. and the defence in
troduced further testimony to prove an alibi.
Several important witnesses were examined,
among the number colored man named
Major Guy,on, who testified in positive terms
to the general good repute among the colored
people OF both the gentlemen; and, indeed,
this rrpu alton has thus far escaped even the
usual taunts and maliynlty OF the prosecution.
Guyton swore that he had lived in the neigh
! torhcod with Mr.. Mitchell for many years; that
| he (Guyton) was Radical, and had voted the
Radical ticket at the last election, at which
there had been no hinderance whatever at the
polls; that Mitchell knew him to b. Radical,
and he had never heard any wrong Of him on
account of political differences, neither had
any been exhibited towards the witness; that
| he mad heard frequently OF plots 10 burn the
houses Of people both in York and Union
! Counties, and named as among those that had
| been designated TO be burned the houses OF
DR.. Whilesides, Mr. Smith, CAPTAIN Mltcnell
| and Mr.. j. A Wnitesides. OF York County,
and those of Mr.. Sam. Jefties, Mr.. John NC
Collough aud Colonel Jeffries, across The
river In Union County. Witness stated that
This was told him by several parties, all COL
ered, and that The reason they gave was that
they were going to stop this whipping. For
one. Reuben Canada, coor'd, had told him,
(witnesa,) aud he had told Dr. J. B. Whilesdes
and others that this was the plan as fixed upon
by the most OF the colored people In that
vicinity, and this was before any raiding had
been heard OF as being made In that vicinity.
This witness, Guyton, who appeared u oe.a
very intelligent co!ored man, stated further,
that alter there had been whippngs In the
neighborhood, during the excitement about
the arms, and lncendIarsm, Captain Mitchell
had on one occasion warned him, and several
other colored men through him, 10 look ont
ior danger; that several in that nelghborhood
were threatened In paper which he, Captain
MITCHELL had found In the road; and that In
accordance with the warning OF Captain Mitch
ell, witness had notified Jack Dowdey, Butler
Askins. and other colored men, who were af-
terwards whipped by unknown parties. Cap
tain Mitchell mad told him 10 tell them they.
must be very careful how tney walked and
how they talked. The cross-examinatlon OF
this witness was very severe and prolonged,
great endeavors being made 70 trap The wit
ness on the old principle OF ''how many pota-
toes were in the pile" Nothing was accom-
plished, however, except 10 bCtner and con-
fuse the witness a little as TO dates which,
under the circumstances, was not TO be
wondered at. During this ordeal the witness
frequently stated that Mitchell seemed very
anxious that he should tell the colored people
10 get out of The way; he didn't want them
hurt Witness had also told Mr.. Hood about
the plans to burn The houses and he replied
that the whites and blacks ought 10 come TO-
ge:her, talk over the matter, and have peace;
he had never heard any Of the coored people
express any belief that Captain Mitchell had
ever been among the night-riders. There was
much excitement in the neighborhood, and
very uncertain stale of feeling among ull par
lies; he had heard OF Roundtrep, who was
killed, and had also heard the report that there
was 10 be killing "fIom The cradle up" Sew
eral parties had told him that any co ored
man who minded his own business would not
be disturbed
The defence rested their testimony at the
conclusion of the cross. examination OF this
witness. Another colored witness who could
have testified TO important facts was not TO be
found. A number of such witnesses have
been deferred from giving their testimony hy
threats of violence, and The court yesterday
signihed its will ngness to bring any party so
inteIfe fering with Witnesses to justice, but the
detecting OF them Is another matter altogether,
and it will probably be a long time. II ever,
| before we Shall hear oil one Of them before
any grand jury.
The prosecution put upon the stand several
Witnesses 10 weaken in rebut.al the evidence
ELECTED by the defence. In some Instances
| point blank contradictions were made. These
rebultng witnesses included among their
number The personaStS VINO nave hgured so
extensively in every case. and who would
seem 10 have taken some sort Of contract,
| to Judge from the frequency with which they
| turn up whenever wanted by the prosecution,
| nd ha rpo1l In which They tpSlity
| Among these, the most prominent are the
men who state they haze been members of
| the Klan, and have made confessions: Charles
| Foster, Rooert Virgins and Akermans two
hundred dollar witness. X. L. Gun.
The testimony closed. w. b, Wi son, ESQ.,.
of York. counsel for the Whitesldes, reviewed
the testimony, and impressed upon the jury
the Importance of their decision, claiming
| that not an iota OF the evidence that had been
adduced in this most searching investigation
connected his client with any OF the proceed
ings mentioned at the time named In the in
dictment On the other hand it had been
cear:y shown that on the night In question
Dr.. Wnilesides had been performing an act OF
charity and duty to fellow creature; that he
had spent the whole Of the night 10 the sick
| room of an aged lady.
| Mr. c. D. Melton, of this city, counsel for
Captain John w. Mitchell, followed, and, as
both the parties were together on the night IN
| question, he claimed an allbi proven by the
evidence Mr. Melton said, that in the face OF
the uncontradicted testimony given, he could
not stand up and say his Client was not
member of the Klan. That he had ever par
ticipated in, or committed any outrage. was.
however. denied, as it had been proven by the
colored people themselves he was always con.
| sidered kind hearted man, and was esteemed
| BY them. Mr.. Melton held that any organiza-
ton that existed In York was no mere poti-
cal than the league. and that to hold every
individual member of the league liable for the
acts OF all the others would be unjust He be-