The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-09-23
NORTH CAROLINA KU KLUX.
Trial Of the Rutherford Ku
Kluxes.
Judge Brooks Rsmarks-The Infamy Of the
Order Exposed Sentence of the Prisoners
The Biggerstafs Taken Up-Thres
Of the Accused Plead Guilty.


arrest of Judgment were made, nor anything done
In wrirs OF habeas corpus The counsel for the de-
fence made an eloquent appeal for mercy on behalf
of the prisoners. In response to this appeal, Judge
Brooks said:-
JUDGE BROOKS ADDRESS.
we regard It as proper that we should now say
show most Clearly tSas there rs IS T i'm c condton
OF things existing In this district which we know Is
earnestly regretted by every good citizen to what
press, with confidence, the opinion that no man
Is q good man and no ,.t CITIZEN a. good
BEEN shown to have been perpetrated by these pris
oners. we 10y more. tnat no one IS either good
good q w3S noes
ever perpetrated, as lnhuman fendsh and r. ason,
able In their character. We know that good men
we would have but little hope FOR our republic II we
did not so believe That bad men should be now
found to violate the law and conspire together
most 0 sacred n' rights Of tner fellow mem but
their lives also; not only so but even more,
this way not only those around them and not Co.'S
tent With that, should attack posterity by treason
which has never punished but projected them is
not matter of 80 much surprise Tor In looking
into history we find that at all there nave
g1 the IN n which ss %as
pound together; the character OF tho obligation
signed and taken by Its MEMBERS as construed by
themselves, its manner OF proceeding to effect The
object or the association That this association
should have existed 80 long and have drawn into
It's folds SO many men IN any part OF our State, Is.
we say without hesitation, the
MOST DAMNIkG BLOT
upon the character OF our State That history re-
cords. This association has not so far as the Court
discover from the evidence, the merit excuse
that vigilance committees, though entirely seli-con-
may 81 e e as
crime or any acts forbidden by law, hut, in the IAN
guage OF the witnesses who were members OF the
a
up the democratic. or conservative party. Now 1t Is
very clear that is not unlawful to advance the In
terest and increase the strength and influence OF
any party by the use OF any lawful means, and lr
may be even praiseworthy In any citizen that he is
principles relating to government he believes
best calculated to promote the happiness OF our
people; but when men band themselves together
even to the number OF nifty in county instead OF
five hundred, as IS shown in tins In Rutherford,
who band themselves together by an oath or pro.
though such orders be to commit crime-the lives,
the liberty the property OF the best citizens In such
II our government has not the power to protect
and their property, which are declared to be the
leading olyecs, the first purposes OF our cOnstitu
ton and our laws, we ask. In Gods name, Of what
value Is our constitution and our lawsp feel
that | have never been one Of those who
rope OF sand as to be without the power TO protect
itself from such disntegration as 1t would always
be liable while bad men lead. II It was otherwise
sion ana only calculated to disanpont the hopes
and expectations Of tho good men who framed
s ss to We NE % vsa S' CT sSS ssnSs
and fifteenth amendments Of the constitution,
ana these osng a e as to s act OF g 81
was declared by my associate IN his charge to the
Grand Jury These laws Cypress no one, but are
iawiess-we may aad, the evil disposed
striking feature in this organization, according to
the evidence in this case, which We cannot refrain
significance and lends to the organization ninitely
more power for harm than would otherwise be
IT. Saaa s are thar all o G The the
great political parties Of the country, and In
the main their arbitrary ana cruel acts are
directed against those who act and svmpathiZe with
the other OF these political parties For this re ason,
tnen it is clear to my mind that the outrages com
mittcd by these Clans have not received the prompt
and unqualified condemnation Of thousands OF
Intelligent and influential citizens Of our state
been committed under any other possible circuIu-
stances. Gentlemen OF education anu character,
believe; but some such have not condemned as the
interests or society and good government demand
they should have condemned such crime aud VIOLA
ton OF all the principles OF humanity.
peculiar feature clearly developed by the evi-
IN tins case Is tne cool AND az S
TO work to execute. even In the most cruel and
inhuman way, the orders Of the chiefs or commit
for a no higher, crime than exercising q
and the laws OF our common country, for the doing
Of that winch they themselves are as fully allowed
to dothat IS to vote Tor and advocate the election
to Office OF any men they may prefer and for reasons
satisfactory 10 themselves. These rights the FIJI
teentn amendment TO me constitution OF the United
every citizen otherwise qualified to vote, aud the
acts under which these prisoners have been con
vlcied are designed and passed for the punishment
SUCH rIRNDIsn ACTS
were clearly perpetrated by these prisoners with
q view 10 defeat the objects OF the amendment The
manner in which the attack, d2nihe as they have
BY the ol e Of inc on m some m
the earlier English knights OF the Road; but in
most respects I It was coWardly base ana
elder snotwel, who. seemed to be ANXIOUS to pre-.
fact lie was perhaps the most prominent and nc.
tive OF all the conspiraIorsand now FOR him mercy
is asked IT some good spirit lowering around or
pons old father had whispered in his ear the Ian
guage OF the poet
Lord that mercy I to others show
That mercy show to nc,
it may be that he would not cOolly have entered
into the conspiracy for taking the lie OF fellow
being for such an offence Had ne been 80 aimon-
he was indeed as one lost. No man has attempted
TO impute anything against Justice except that
II this is not case in which 1t becomes the duty OF
the Court to punish in such way as TO answer the
purpose OF tie law then win confess no case VIII
or can which 1t VIII be the duty OF the Court
10 punish In an exemplary way.
Exceptions were taken by the counsel for the do.
PENDANTS the discharge OF the jurors WHO were IN
attendance upon this Court for three weeks IN tae
month OF June. For this the Marshal was directly !
censu,ed and accused. Those who nave CON- |
planned of this should know that the Marshal did |
ne % sy aGe Tao1r any pa
the jurors for the last session Of the Court
as / remember 1t, with the appreciation OF The Chr. |
cult Judge, and In regard TO the re1..e,e for this
term, that was ordered by the Circuit Judge with |
my appreciation. AS to the manner In which the |
jurors were summoned, they were summoned In the |
same manner under like instruction, as were those |
Tor the June session, and with tue exception OF the
former rule restricting the marshal to the citizens oil
certain countless were summoned IN the same way |
In which they have been since June term 1867 OF !
this Court. The prisoners complain that the Jurors
were not democrats. they would probably have CON-
planned of any who were not conspirators, like |
themselves. We believe that the jurors are honest |
men. ana not hostile IN their feeling to the govern
ment or the unfortunate parties accused anu II |
really any DOUBT as 10 the latter ever existed with
the counsel 1t should be dspelied alter the verdict |
rendered in the case, by which the jury have
ACQUITTED THREE OF TIE PARTIES,
against all OF whom there was evidence OF such a |