The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-14
[eRon QUE SPECIAL REpoRrER.l

[rRoM QUE SPECIAL REPoRTER.l
COLUMBIA, S. G., December IL.
In the KuK!ux Court, to-day, the proceed
ings have been of unusual interest. 1t was
very evident, last evening, from the general
department of the prosecuting attorney, that
he would make break for some more tenable
ground than is afforded him under the various
constructions of law OF questionable consti-
tutionalliy at the bestL .0ne by one he has
Withdrawn counts claimed to have been framed
under this law, and has been obliged to do so
after much time spent In putting the defence
to the trouble of showing the folly and futiiity
of such charges. The last dodge OF this nature
was practiced this morning where ON indict-
ment had been presented containing count
relative to the Fight to bear arms, mentioned
in one of the sections of this act, which has
been so thoroughly overhauled and torn to
pieces by the very able counsel for the de-
fence. Thus has he been driven down 10 the
solid facts, and these resting, as already stated,
by very slim chance, as the points made
and exceptions taken BY Messrs. Sian.
berry and johnson will have great
weight in the minds Of the judges OF tne gu
preme Court, and not the lesst In this direc.
lion can be the fact that these proceedings put
into operation an er post jtacto law, In direct
violation Of The constitution, to say notnlng
of the misery already caused, and being pro-
duced, by dragging before the courts, ana tnls
with the strong arm OF the military power,
people who would otherwise remain 10 The
peace and anietuess of their homes, aud in the
fkpest pursuits Of 1fe.
1Bnt here they are, and the moroid senli-
mentality that would find something TO gloat
over in their misfortunes Is not connned
,1ao otn flrn
throng that crowded the courtroom to-day
were not few ladies'. wives OF officers
under the present government, whose curlosi'
ty must have Indeed been singular one 10
have drawn Them TO such scene.
The proceedings, however, were started IN
with a snarley remark that twas time to so
on, and manifest disposition to browoeat
counsel for the defence, which Increased as the
business of the day progressed.
After the court had announced that counsel
making application for witnesses To be brousnt
at the expense OF the government must wait
until the parties for whom the Witnesses were
desired to be- procured had been Indicted, the
district attorney called the case OF the United
States against Robert Hayes Mitchell and
others, Of York County, charged Win consp.-
right TO bear arms having been withdrawn by
the district attorney, the counsel for the de-
fenca having prepared to wipe out this count
in like manner as was done II those pertain
ing to burglary and murder. .he attorney
doubtless thought he would have mis- nsn1s
full with that left in the indicInent-conspi-
racy. - I- Esl' 'tR e.. -. -.
The following citizens named In this "om.
nibusn bill were then called oy the clerk, aud
each pleaded not guilty. In dtm and unmis-
taxable manner. 1. e., B. a. Mitchell, Sylvan
us Shearer, William Snesrer, Hugh 81. Shear
Milus Caro-, Ell R. Stewart and Josiah Martin.
The counsel for the prisoners avaied them-
selves OF the right Of ten operemptory chal-
lepges, and for this purpose, severed. The
prosecuting officer then severed The parties
named In the Indictment, and put Robert
Haycs Michel upon trial. The next
move In the comedy was to procure jury,
and such a crowd to select from was probably
never before seen In any court Ia any county;
but at IL they went, and from the mas. OF 1gno-
rance, the defence hoped. by exercise OF great
diligence. to separate little sense, with what
result will be seen in the perusal of the COM
position OF the jury mentioned hereafter.
A question was raised, when the usual inter-
rogatory was put to each juror, by Mr.. john
son, that the juror must answer If he had
formed any opinion as 70 the guilt OF innocence
of all the persons named In the indictment,
not the particular person whom the prosecu-
tioA had selected from among the number; but
with the same promptness as has marked
many decisions 10 objections raised by the de-
fence, St was decided otherwss. So 1t was
Wnen Ll6 QtISUCe ditttW6Eu OUJON'Su " ehC
setting aside Of four jurors who had been ac-
copied by them. The district attorney said,
rather snappshly, in reply to some remark 10
the point by Mr. johnson, that he would not
enter into any discussion; that the government
had the right 10 set aside jurors, and he would
exercise il until the panel was exhausted,
wheH he would either accept or peremptorlly
challenge them In this manner Andrew w.
BIrney, white, James 7. Holloway, coored,
william H. DeBerry; white, and John A:
the most intelligent looking OF all the jurors
called. a,i ~ ri
BEFORE the defence had exhausted the num-
her of challenges. they were entitled TO, q jury
-ifit can be dignlfed by such q name-was
formed. Ten blacks and two white men, and
such spectacle. the following is a nss s,no OF
names Of the twelve persons who are trying
Mr.. r. b. Mitchell for having, as is charged,
violated constitutional righto o. an, as is held,
unconstitutional law, and this bef re the law
was passed, viz: January Simpson. oolored,
Columbia; william Smith, colored. Columbia;
Tavlor, colorrd, Columbia; Isaac Black, col
ored, Columbia; Philip SaIters, colored,
Charleston; William F. Dover, colored,
Charleston County; Joseph Keene, colored,
Slatesbnrg; James McGil, oolored, George
town; Ephraim Johnson, colored, George
James McMacken, white. Newberry. ~
Comment Is almost superhuous, except 10 the
cases of the two white men, as the coored
men are all known Radicals of the most de-
cided stamp, or 1t may be ventured perhaps to
say they would have been ''stood aside" by
the district attorney. Without doubt this in
stance for compictness beats any essence that
] ever was distilied from any o,her ingredient
than that of pure Radlcallsm as 1t exists In
sEDuth Carolina. "Packed"-and that is about
the whole of it. OF the two white men this can
be said: Mooney Is one Of the City Council Of
Columbia. With an honorable exception or 80,
this would be sufficient description OF this