Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1871-12-14
THE ADVERTISER
Edgefeld, s. c., Dec. IA, 1871.
The Ku.Klux Trials.

The Ku.KluI Trials.
At the time ofour going to press last
week, amotion was pending to 7quash
the indictment against Crosby and others,
from York. This motion was made by
Mr.. Stansberry.
On Wednesday, the 9th, the time of
the Court was almost entirely occupied
by prolonged and very able argument
of Mr.. johnson upon this motion This
argumen. was great and learned speech,
and we regret we have not space to give
It in full.
On Thursday, the 7th, the two Judges
lendered their decision Us follows: The
first and eleventh counts are good. On
the question of the, third, fifth and elev-
enth counts the Court is divided. All
the rest of the counts are decided bad,
and quashed." Upon this Messrs. STAINS
berry and johnson asked for certificate
to the Supreme Court, which was not
granted. The prosecuting attorneys asked
leave to withdraw the counts in dispute,
which the Court granted, and the case.
proceeded to trial. Upon arraignment
The defendant Crosby pleaded not guilty,
and asked further time to procure the
attendance of his witnesses. This re-
quest was also opposed by Messrs Corbin
and Chamberlain, who pressed an imme-
;liate trial. Upon the call of the first
name on the jury, the prisoner exercised
the right of peremptory challenge, and
to this the counsel for the government
also interposed objection, contending the
right of peremptory challenge did not
exist except in trials for capital crimes.
The case was then and there argued by
counsel, but the decision of the Court
was reserved until next day.
On Friday the sth, after having con-
sidered the question, the two Judges
granted to the prisoner the right of ten
peremtory challenges. On this day also
Sherrod Childers and Hezekiah Porter,
two citizens of York, by their counsel,
entered plea of guilty. 1t was under
stood that they would be sentenced on
Monday. 90 ,tI-
On Saturday, the 9th, tho Grand Jury
presented the following true bills:
The United States us. r. 81 Mitchell
Ct. al. The United States Us. J. w. Ave-
ry, ]. R. Bratton, Charles Brown, Alonzo
Brown, Robert Rufus, R. McLain, Nap,
Miller, VIM. Johnson, P. Caldwell, r.
Caldwell, R. Dickson, B. Johns, Bratton
Harvey, G. Bascom and X. Hoibrok, for
Conspiracy and Murder.
1t was then proposed to take up the
case of Allen Crosby, but under agree
ment Of counsel it had already been de-
termined that the next case to be tried,
would be case in which murder was
involved, the point which it was desired
to carry to the Supreme Court being
whether the United States Court can take
cognizance of domestic crimes. The
trial of the case was postponed until
Monday, and the Hon. Mr.. Stanberry
entered into the argument as to the de-
gree of punishment. which should attach
to the prisoners who plead guilty.
Whether the offence was felony or mis-
demeaaor. Under what section of the
nu-Klux Act it was punishable. AT the
conclusion of Mr.. Stanberry's argument,
the Court adjourned until Monday.
On Monday, the llth, Mr., Chamber
ain, Or the prosecution, briefly replied
20 the argument of Mr.. Stanberry ON
saturday, contending that the prisoners
who plead guilty of conspiracy and in
reference with the rights of suffrage
were punishable under the sixth section
Of the Enforcement act and not under
the fourth section, rs claimed by counsel
for the defense.
Mr.. johnson concluded the argument
of the question in behalf of the prisoners,
when the Court stated that the point
would be decided when judgment in the
case was announced.
On Tuesday, the 18th, R. Hayes Mitch
ell, of York, was. -.arraigned on the charge
of conspiracy, under the Ku-Klux law.
The jury consists of two whites and ten
blacks and mulattoes