The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-29


The UNITED STATES CouRr, THURSDAY,
December %: 167l.rThs Court mol st
IL A. H., Judges Bond and Bryan on
the bench.
The examination of witnesses by the
prosecution, in the case Of the United
States rs. John 8. Miller, was resumed.
Charles w. Foster was put upon the
stand. He testified that hs had been
member OF the Ku Klux Khan; that the
object was to put down Radicalism by
killing and whipping members of that
party; that at meetings none were allow
ed to be present except members.
Gross. examined by Mr.. WiIson-He
said that he had been connected with
John w. Mitohall's order, and knew no.
thing Of the customs OF Chambers
Browns order-a meeting OF which the
prisoner is alleged to have attended. At
the close of Charles w. Fosters testimo-
ny, MIR. Chamberlain read paper which
is claimed to be proved the constitution
OF an order Of the Ku Klux Khan, and
which hna figured largely as the most
important evidence of the nature and
purposes of the Ku Klux Klan in all OF
the cases.
The prosecution rested here, and the
defence went into the examination of
their witnesses.
Daniel McLure, colored, was the first
witness put upon the stand. He said: I
live in York County. on Mr.. John Mil
ler's plaoe; have lived there ever since
last January. The Ku Klux visited the
place twice; the first time about the Goth
of March. They called for Mr.. Miller
and me. / was captain Of the road, to
which position [ had been advanced by
MIR. Miller. Mrs. Miller told them we
were not there. We were hid away in
the house. The horses were covered,
and the men had disguises. When they
didn't find US, they inquired the way to
Alex. Wallace's and Sit. Browns. and
left. MIR. Miller did keep some guns for
colored people in order to save them
from the Ku Klux. I don't know that
he was in favor of the Ku Klux; he al
ways spoke ns il he was himself in fear
OF them. He had good reputation
among the colored people for fairness
and kindness.
Cross-examined by Mr.. Corbin-Mr.
Miller had no pistol; he had militia
gun, which was kept in tho kitchen
where stayed.
The next witness was Edward Ross.
colored. He said: I live in York Coun.
ty, on N1ilIer's plautaLion; hnve lived
there two yeurs i'll Mr.. Miller's employ.
l do not know Of his interfering with
any colored people voting. r, myself,
voted the Radical ticket, and Mr. Miller
told me that he was not going TO vote at
all, because he didn't know which party
was right. The day Of election, in 1870.
as was going to the polls. he told me
that he was not going, and if he did, be
would probably vote the Republican
ticket. His reputation waa good among
the colored people. Healways appeared
to be opposed to the ku Klux. and 7
know of his keeping guns for colored
people.
The next witness was Daniel Carroll.
white. He said: I live in York County.
about three miles from John Miller's.
have known him oil my life. think he
leaned in his political opinions towards
the Republican party l know of his
being at the meeting ut Sharon Church.
L was there myself, aud went to save
myself and my hands. John Miller and
L talked about the matter, and he told
me that he was going to attend the meet
ing for the same purpose. 1t was i'm
possible at that time for man to keep
hands who was Republican, and in de-
clared opposition to the khan.
Cross examined by Mr.. Corbin-I did
join the khan. I was obliged to do it to
save myself and my hands. L had
voted the Radical ticket. and it wasn't
safe for me to be outside the khan.
The defence closed here, and the
counsel went to the jury.
h1r. Wilson declared it to lie his duty,
as an attorney, to present the case of his
client in accordance with the real posi-
tion he occupied and in the light OF the
evidence ndduced in the case. That his
client. John S. Miller, wns Republi-
can, If anything, in his political senti-
ments, as had been shown, and that he
never desired to join any conspiracy to
Interfere with the right Of voting. That
ho had attended q meeting of the khan,
it was true; but that he went there with
no criminal intent, which only could
make his attendance an offence.
MIR. Corbin followed for the Govern
ment He dwelt ut great length upon
the fact that the defendant had attended
regular meeting of the khan, which. he
argued, 1t was impossible for him to do,
had he not been q member; md held
that. whether the prisoner had ever par
ticipated in any acts OF violence or not,
his being present at Il meeting showed
that he was party to the criminal
agreement-whioh was all that was me-
cessary to constitute the crime of conspi.
racy.
When Mr.. Corbin had closed his areu-
ment, Judge Bond delivered IL charge to
the jury as follows:
If the jury find from the evidence that
the conspiracy described in tho first and
only count in tho indictment did exist,
md that it had for it's object to prevent
citizens of the United States qualified
to voto from voting, on account of their
color, and the defendant wns O member
of such conspiracy, then the defendant
is guilty. But the jury must. in order
to convict the partY further lind from