The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-28
THn UN1zD STATES Omou1r Cousr-

xA
December 27.-The court resumed its
session at IL A. NJ, sgreeably to adjourn
! ment on Saturday last. The Hon. Hugh
L. Bond and Hon. George 8. Bryan
were on the bench.
MIR. Corbin stated that he deemed it
his duty, before progressing with the
regular business Of the court, to call at-
tontion to an; assertion that had been
made by the counsel for the defence, in
the trial OF John w. Mitchell, to the
effect thai Moses Edwards, colored wit
ness summoned by the defense, had been
threatened and frightened from testify
ing in the prisoners behalf, by Charles
w. Foster. Kirkland L. Gum and three
others personally unknown to the wit
ness. Mr. Corbin said that he had in
quired into the matter, with view OF
prosecuting the parties, should there be
any confirmation cs the charge. and OBJ
tained the affidsvits OF Moses Edwards
and Peter Edwards, his brother, denying
that either Gunn or Foster. or any one,
had induced him, Moses Edwards, by
any improper means, to absent himself
or fail to give evidence for the prisoner.
The case OF the United States vs. Sa-
muel G. Brown et al. was then taken up.
The DISTRICT Attorney stated that the
prosecution would withdraw the names
of oil the other defendants in the indict-
ment, inasmuch as the same parties were
charged with similar offence under
other indictments, except Samuel G..
Brown and John 8. Miller. The defend
ant, Samuel G. Brown, was called, and
the indictment read to him W. B. Will
son, Esq, counsel for the defence, an
nounced that the prisoner, s. G.. Brown,
would plead guilty, reserving - himself
the privilege Of submitting afidavits in
extenuation of his punishment.
MIR. Stanbery expressed his desire to
argue his motions for new trial and in
arrest OF Judgment, in the case of Robt.
Hayes Mitchell, the first tried The
claim for new trial was founded upon
the fact that the jury had brought yer.
dict OF guilty against the defendant un-
der the second count of the indictment.
which charged a special conspiracy
against James Williams. That the evi.
dence established the fact that the hang
ing OF Kinney took place on the 9th Of
March, over u month prior to the Act of
April. 1871, making such AL offence
punishable; end that the Act Of 1870,
under which tho indictment was at
tempted to be sustained, makes no pro.
vision Tor such an offence On his mo-
ton In arrest of Judgment, Mr.. Stanbery
took the broad ground that both the
Enforcement Act. of 1870, and the Act
OF 1871, proposing to punish interfer-
ence with the right Of voting, were in
violation of tho Constitution of the
United States. he stated that tho great
object Of his and his colleague's (NIr.
Johnson) coming to take part in the pre-
sent trials, was to take this question be-
lore the Supreme Court, and that he
would argue it now, not with the expec-
tatlon OF convincing the Court, in the
lace OF the previously announced opinion
OF the presiding Judge, but with the
hope that he might impress the Court
with tue expediency of division, in
order that SO grave question might be
submitted to the judgment of the high
est tribunal in the country. The learned
counsel then went on to show that the
Acts referred to had been passed under
alleged authority of the fifteenth amend
ment OF the Constitution, as appropriate
legislation to enforce the provisions o.
that amendment. But that whereas the
fifteenth amendment hnd reference solely
to the prohibiting of discrimination in
the right to vote on account of race,
color or previous condition of servitude,
these Acts presume to take entire control
and supervision of oil elections in which
members of Congress are elected, and to
punish any and all offences against the
right Of voting, whether of white or
black, or Tor any reason whatsoever.
The trial OF John s. Miller was then
taken up. The prisoner was arraigned,
and plead not guilty. The following
head, foreman, (white0 John Mott, Phi
lip Salters, Joseph Keene, Joseph Smith.
Cyrus Alston, VIM. Smith, John Free
man, Henry Fordham, Joseph Munner-
lyn, Gabriel Cooper and Ephraim John
son, (colored.)
MIR. Corbln made short preliminary
address to the jury. He said that there
was but one count of the Indictment in
which true bill had been found against
the defendant. That this count charged
the defendant with being q member of
q general conspiracy to interfere with
the right of the colored people to vote,
and thot, in the progress of the inyesti-
CATION. he would attempt to prove, frst:
That John S. Miller was o member of
the ku Klux Klan, and attended two
meetings. Mt least; and, second, that the
nature and purposes of tho organization
were such as were charged in the indict-
ment, and were to be carried out by
killing and whipping influential Radi-
calls, &c.
The prosecution then went into the
examination of witnesses.
Elias Ramsay, white. was frst put
upon the stand. He said that he was q
resident OF York County, and had known
the defendant for several years; that he
(witness) joined tho Ku KIux Khan, last
winter. and met the prisoner, Miller, at
g o Of the meetings in May last, at
Sharon Church, when the order met to
organize the company more thoroughly,
by clecting full complement of officers.
Cross examined by W. B. Wilson,
Esq.-He said: l never saw John Miller