The New York herald., 1871-09-28

Trials Of the Rutherford DInskcrs-The Out
rnge Upon Biggcrsta n:-Chivairous Treat
ment OF WOman-How 10 Convert q
PoIitical (bDuOueut.

Trials Of the Rutherford NInskcrs-The Ont.
rnge Upon Biggersia G-Chiv aIrous Trcat-
ment OF Woman-How 10 Convert n
Political Opponent.
. RALEIGH, N. G., Sept 27, 1871.
The testimony in the case of the United States
against Amos owens and thirty others, which was
commenced ON Saturday last closed last night, and
the arguments have been progressing all day and
will consume all Of to- morrow. Fifteen witnesses
have been examined for the prosecution and
thirty for the defence. Great interest Is mani.
tested In the result OF this case, as 1t Will
settle the question whether the Invisible Empire ia
o conspiracy, and whether the acts OF one member
to be taken to be the acts OF the whole the acts
OF one man. the OF the ORDER without regard to
the declared objects OF the organization as declared
in the oath of the order and the instructions Of its
oricers. It is contended by the prosecution, and
they have intimated their purpose to ask the Court
so to instruct the jury and to insist upon verdict Of
guilty as to the parties charged in
the bill OF indictments, they are satis
fed the defendants were members Of the
Invisible Empire, whether they participated
In the assault upon BIggerstan or not. or whether
they counselled or advised or even knew OF the
purpose to make the assault. The indictment
charges defendants with conspiracy to hinder by
intimidation one Aaron v. Biggerstar from enjoy
ing the right Of suffrage. and with an assault upon
SAID Blggersra for having exercised that right In
voting for Member Of Congress in 1870, and also
with conspiracy to defeat the operation Of q law
The testimony for the defence, as given by Mary
A. NOrvllle daughter OF Blggersta, and Aaron him.
ss MSH% as IS the sn rsea e April ss
near midnight body Of men, mostly disguised,
nu%Sgn nearly S nSnsGeS him went "a to
s FSss sas sss S .s n fia aa dsSSi sas
radical and telling him they had come 70
took him back to his house threw him on the bel
and whipped and beat him again, and then took
his flesh became insenslble and then carried him
back to the house again after cxtorting promise
hH at ne mould " Toc tine radical ticket no a more
was that four OF the crowd who first entered
the house followed her up stairs whitner
throat, asked her II she had not testified against
them for former raid they had made, and then
and then whipped and struck her. Both "er the wit
nesses testify TO the identity OF several OF the de-
For the defence several who were In the raid testi
fed that Aaron B1ggerstan was whipped but once;
mat ~ was IS said In 10 his snE
way; that some one In the crowd cursed him and
called him Q damned old radicali' that he was
murder murder OF a man named bepriest and " for CON: ON
state, and for having broken hts (Blsgerstatr's)
brothers house IN and shooting through It, at the
the risk Of the life of his brothers. children.
The testimony OF the entire number Of witnesses
shows but one OF the defendants TO have been
present Oh the occasion Of the whipping. and the
testimony OF Aaron and his daughter Is not sus-
tained by the testimony OF other witnesses as to the
whipping or as 10 the identity Of the defendants
All OF the defendants are residents Of RutheriOrp.
The testimony conclusive that all but one of those
engaged in the raid are from Cleveland and adjon-
ting counties. An dtioi has clearly been proved by
intelligent and respectable witnesses as 10
most OF the accused, and The general
belief is that Blggerstan and his daughter
have falsely sworn or were greatly scared
and much mistaken. Both made aii,daviis against
those they recognized Immediately after the occur.
renee, upon which warrants were then issued and
arrests made and an Indictment found. II turns
out that those aildavtts contained names not TO be
found now in the new Indictment, and 1t now con.
tains many not to he found In the old
IL Is evident the prosecution sees the impossibility
OF convcung the defendants as specifically charged
In the indictment and rely on their ability to prove
q conspiracy. Tomorrow night the case VIII, pro.
badly, Cc sent TO the Jury.