The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-13

Mr.. Stanberry here objected to any
parol evidence being given of the con.
fonts OF tho order. which was sustained
by the Court.
The witness then went ON to saw that
he delivered the order to the daughter of
Mr.. Brown; with her assistance went
into the private desk Of Mr.. Brown, and
thero found the papers which he held in
DIS hands; that he received them and
endorsed on them the time and manner
OF his getting them, &C., attaching his
signature thereto, and that he carried
the papers and delivered them to Col.
Merrill at YorkvilIe; that he saw no
alterations whatevor in the paper.
Mr. Corbin asked witness what was the
small paper no had in his hand?
Witness answered it was II list OF
names found with the large paper.
| The defence not desiring to cross ex-
anime, the witness was called down.
Alberton Hope (white) was next called
by the prosecution. Hs suid he was
resident of :he Western portion Of York
County, and had resided there for eleven
or twelve years. The same paper, about
which witness Godfrey was examined.
was banded to him, aud the question
asked it he had ever seen it. His reply
was:
cannot ,be poeitive as to whether 7
have seen this paper or not. I did give
q paper PurpOrting to be the constitu-
ton and bylaws OF the Ku Kiux Khan
to Mr.. s. G. Brown; 1 cannot say if this
ba 1t; did not recognize tho hand
writing; it has been long while; aud
can't swear to it; did not read all the
contents OF tho paper.
Mr.. Stanberry here objected that the
evidence tending merely to establish the
identity Of the paper, should % to the
jury; which view the court sustained.
MIR. Hope then continued: SO fur as
my memory serves me. the constitutional
part of this paper il tho same as that I
gave Mr.. Brown. think I got the pa
per from Major j. w. Avery, in 1868.
had expressed desire to see the ground
work Of the Kn Klux organization.
Mr.. Corb:n-What did you understand
Major Avery's connection with the khan
to be?
Mr. Stanberry objected. and the cou,t
ruled the question out.
Mr.. Corbin-Have You been o member
of the klanf
| Wit Iess-I was never sworn, und did
not consider myself "a mamtsr cf anv
hu Klux Khan. attended n meeting
on or about the 1st of MurcIl last.
don. know whether you would call it u
ku klux Khan or not; did not. was
elected commander Of the party. There
had been 80 much burning of houses,
barns. &c., that the ncighborhood was
uneasy, aud wa met to provide means of
safety aud protection. 1t was said that
some of the persons present we're mem
bers of the khan. They did elect me
commander. Some others we're elected
or appointed. L called them warmers;
some called them night-hawks. They
were couriers to carry orders aud give
alarms; and there was man, too, to
keep the roll.
! Tho witness was then cross .exumined
| by the defence
Mr.. Staube7ry-Whep was this meet
ing?
Answer-About 1st of March.
| What was the cause Of that meeting?
Answer-Well. there had been a great
deal Of incendiarism in the neighbor-
hood; houses ut Mr.. Allison's, Mr.. Cas-
ties, Mr.. Browns and several others,
wero burned. The people we're much
excited, and we met to consult about
measures of protection and guard
against the threats that lad been made.
Mr.. COrbin objected to witness men
tioning threats that he himself had not
heard
Mr.. Jolinson-The prisoner at the bar
is charged with conspiring to violate the
right o. suffrage. The counsel for the
prosecution lave brought out this ga
thering and attempted to show that it's
object was to violate the right of suf-
frage. Now. isn't it perfectly compe-
tent for US to show that such Was not the
object OF the meeting? And if we can
prove that this meeting was to guard
against threats of violence, or to prevent
burnings, no matter whether the threats
were actually made or not, or the burn
ings bad been committed, still they wore
acting in self lf.dofence, and for the sole
purpose of protecting themselves, and
did not meet with O criminal intent, us
charged.
Court ruled tho testimony admissible.
! Mr.. Stnnberry-What was your mo-
tive in going to that meeting?
I Witness-Protection of myself and .he
helpless ones around me from further
coDhagrntion, aud from the threats hnd
heard
! Mr. S.anberry-What we're the threats?
/ Witness-The threats, as 1 under
stood, were TINT they would take oil,
from tho cradle to the grave.
; The court continued III session till 80
o'clock p NJ, and held III evening ses-
sion from to IL o'clock p. III, when it
adjourned till IL o'clock Tomorrow.
The testimony given last evening will be
published i'll our next issue.
In Pleusanton, Texas, last month, one
Frank polica shielded by blowing out
his brains He had been afflicted with
the chills, until life to him was burden,
aud he vowed that if he had another he
wonld kill himself. The next dny he
felt the chill coming on, aud told g gem