The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-13
THE PROCEEDINGS ON MONDAY.
An Absurd Theory cT the Prosecution
Shewn up-The Prosecutors Getting
Uneasy and Losing their Temper.
COLUMBIA, December IL.

COLUMBIA, December IL.
| In the Ku-KluX Court. this morning, Mr..
Stanberry cited further authority to sustain the
position taken by the defence relative to the
measure of punishment ior those prisoners
who had, for some reason OF other, confessed
to having violated the enforcement act as ap-
piled to the right of suffrage. 1t had been con-
tended by the defence all through this argu-
ment that, besides the probability that the law
is unconstitutional, it was perfectly absurd TO
follow the course endeavored to te put upon
them by the prosecution, viz: finding man
guilty under one section and Furnishing him
under another. The animus Of the prosecn-
/ ton may be measured; II not the correct pun
| ishment these men should receive. Mr. STAN
berrys argument was very thorough, and nu-
merous authorities were brought forward TO
fully snstain his position. The Idea In Itself Is
perfectly ridiculous, when 1t Is taken into con-
siderati0n that the punishment to which the
men are liable who have plead guilty, under
at the utmost limit, and q small fine; whereas
| IL they were sentenced according to the sec
tion tht the prosecution have urged should
measure the punlshment-section 6-the pun
shmeut could be increased TO five thousand
| dollars fine and ten years imprisonment.
Mr. Chamberlain occupied small part OF
the morning hour In reply to Mr. Stanberry,
making no new points regarding the purpose
| of The count under section six, except that al
ready mentioned, and claiming that the meas
ure Of punishment therein marked should De
applied; ,.,..o. 4so, ,,osoa n
| thorough overhauling OF the law, showing up
many weak places in IL, and deduclng strong
arguments TO show not only as matter OF
| right aud justice, but as plain facts and sound
common sense, the prisoners could not DE put
| in position 80 unfair as that In which Il mad
| been the purpose oftse prosecuting officers 10
place them. He literally tore the enforcement
act to pieces, and the act of 1871 Jared no bet
| ter.
It must strike one very singularly that,
even IL the charges against these men are
true, they should be punished In these days
Of liberty uuder The operation OF an er post
tact0 law. The ground assumed Oy the pros
ecutiou Saturday, that the acts of intimidation
were committed under the operation of a con-
sJiracy, antecedent to the passage OF the law
| under which they are now being tried, and
that the conspiracy then existed, and had
| since continued 10 exist, and therefore brought
these prisoners properly before the court, re.
| ONLY showed where any such proceedings
were superlatlvely out of place. but that, 10
| follow no the precedent, the word liberty was
| but O mockery. That the rule once Criminal
always criminal was very poor one TO
go by.
After the arguments were closed, the court
announced that they would not render decl-
| sion until the prisoners came up for sentence;
The case OF James William Avery ana
others, charged with conspiracy and murder.
was then called up. This Is the case In which
| It had been agreed upon to make the objec-
| ton as to the jurisdiction of the court, and
| wherein the division arises which will be GER
titled TO the Supreme Court for final settle
ment. Time was given for the defence to put
| the matter In proper form. Other cas-. S were
| called, in one Of which new count had been
| introduced embracing the right to bear AIMS,
and to which the counsel for the defence OBJ
iecled. Argument followed upon this. which
occupied the attention of the court until near
the time Of adjournment.
The prosecution are losing their temper; ana
| under The sturdy blows, sound logic and tega!
drubbinys they receive during the progress OF
the defence, they commence 10 wriggie con-
sIderably, and find doubtless they have not
such an easy job before them a3 they anticl.
pated. Only to-day, In the coulse of his argll-
ment, Mr. johnson said Of certain point,
sIMy mind Is too blunted to see 1t; age !s With
cred" Mr.. Corbin broke In with the remark,
NLost your eyesight." A short time will doubt
| less demonstrate which side can See most
| clearly.
later In the day in which o return rendered oV
the commanding officer of Yorkville, Colonel
MsrriIi was held insufficient. He thereupon
made an amended return, which sets forth
that that murder had been confessed to him some
time last October, and that the party 80 CON
tossing had been turned over to the marshal.
Mr.. Wilson, one of the counsel for the de-
| fence, has been quite III. s,.
Il has been decided that applications for wilt
nesses to be brought at government e4penSe
must be made in Open court