The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-09-22
NORTH CAROLINA KU KLVx
The Ku Klux Conspiracy Trials
in B.aleigh.
Facts Proven by me Prosecution-c Pur-
sued by the Defence Judge Bonds Charge
to the y-constituuonality Of the
Kv Klux Laws Conviction Of
Eight Of the Accused.
RALEIGH, N. c., Sept. q, 1871.

Eight Of the Accused
RALEIGH n. c., Sept. q, 1871.
The argument in the trial OF F. A. ShOtwell and
fourteen others, indicted by the Grand Jury in
the United States Circuit Court for conspiracy and
being members OF the Ku Klux Klan in Ruther-
ford county, closed to-day, and was given to the
jury. AS this Is the first trial under the ku Klux
law the interest manifested In IL Is intense and the
court thronged each day during its course.
The prosecution contended that the act Of 1871, so
far this required plainly constitutional;
that the power OF Congress to enact such law was
not derived from recent amendments to the consti-
tuition, but existed under the constitution since the
foundation of the governments that the law was
fully complied with in the manner in which the
charges against the defendants were set forth IN the
several counts Of the bill OF indictments that the In
visible Empire the highest degree OF the K1 Klux
organization, was an illegal association; that their
oaths, orders and acts constituted 1t body Of con-
sprators, and the acts Of each became the acts Of
the WHOLE
THE DEFENCE
commended that the prisoners could not be convicted
under the first count OF the bill of Indictment be-
cause from the evidence 1t was clear that the in
tent OF those who committed the outrage upon Mr..
Justice was to punish him for having said that their
leaders should hanged and for the active part he
had taken before United States Commissioner Will
son, and not 70 interfere with his right Of votng
tnat, as to the intent OF the offence it must be
proved as charged; that before conviction under
the second count the jury must be satisfied that
the intent to whip Kill Mr.. Justice
for having months before voted for A. II. Jones
as a candidate for Congress, although ne had been
beaten 900 votes and under the third count, that
the oath OF the order was not sufficient evidence In
its terms Of conspiracy against the right of c0lored
men to vote, nor was 1t such as practically inter-
preted by Its members 1t being abundantly shown
that IT established for lawful purpose, there
being no evidence OF a single raid colored man
because OF his republican principles; and further,
that the evidence was not Sufficient to connect any
Of the defendants with the order or with the attack
on Mr. Justice such evidence being that OF men un.
worthy OF belief through their own lnfamy and by
their conduct on the witness stand; the defendants
therefore claimed the benefit Of the presumption Of
innocence which the law raised their behalf, and
OF any reasonable doubt upon any point OF the de.
fence.
part States closed the defendants have
a@s SoS the
si sa ;S ss
has been 50 frequently read o, quoted to during
approved Apr 20. is7 concerned With
S U sns as
charged in three with conspiracy which an
awful ,hns % lawful unlawful ,hsy
s to Of Consres and seeony
with coasprng to beat him for having advocated and sup
House Representatives. thirdly with conspiring to hinder
Re May 81 s the
In the opinion of the Court and charges there
United that Congress had the power to punish
the election members or Of the officers of the
national government argument to the contrary which
the defence has to make addition that offered
ss G w a p1n na % 70 arrest
@ % is hot The assault @ beat
so"s1raeY; conspiracy in notion
and agree with the the Indictment and all
VINO consent and agree guilty OF the Those
who eec @ 9H 1a r hss Ses s
those s though not actually
FIJI result: secomPhed Witnesses On the part Of the gov
to James w. 5.se eg or S have been
ss rise and Mr. Justice states este to you
were about to hang him. for the cause lie TO
support and advocacy both BY hs Voice
and AZ vote Of certain person for Congress
this well as other political he beaten then the
complete and believe from The evidence what
hat ne 0p aSd
voting he pleased FOR federal Officers thereafter
counts In the Indictment nd, II Is necessary however after
find from the evidence whether not the parties at the bar
1 Vino n foi s nS TO- an the
The witnesses are mostly acco mpces but jury though il
upon the testimony accomplish II you believe these
other Witnesses Of yoa @ay az Teey eoG
ve upon their testimony any other Who guilty
the province OF the determine that remains your
men, canno, refrain from commendhs this ease
70 yoSr mos, serious attention In long upon
witnesses truth such unprovoSed wcRedness
Courts murder had ether i or ander for rs
IN this that some eight witnesses stated in
s Gos 0i usc urGn OATH that they themselves dis
Spectacle character In the dead hour OF night towards
whose they no desire to steal they sts,e haa
FEARFUL soim where s 2m sv the side OF s sleeping wife in
s0n'pirhaors heart reIen'sd at the critical
maco T Sa Stoau. Not ,heg
sc the evidence to e se y
true they cannot n be pun:he9 tel oenny
hands Of bandits The law mockery and the courts might
se well r BE Ssea rn As you n The tIa
parties or not guilty as 70 all they some OF the
With the punishment of these parties and ought
large dcreen mere 6ne im6ronnen and that
matter entirely lis discretion and should have weight
morning, when motions in arrest Judgment WIN be made
THE VERDICT.
The jury then retired and renamed two hours ana !
nan, when they returned with . verdict Of not
guilty as to +. A. Hatwel Calvin Zealand, william
Tanner; guilty as TO !. A. shotweIl, Adolph De-
". Mcintyre, d. Collins and William Scraggs.
Spencer X. Moore and d. b. Fortune pleaded guilty
hose ' f nTSgress s Of dn Inc Ta
by the United STATES Marshal on other charges
similar to those on which they had just been ac
quilted. An application for wrlts OF habeas CORPUS
is spoken OF In the cases OF the convicted.
The verdict is unsatisfactory 10 the prosecution,
the jury failing TO say Being member OF invisible
Tomorrow the BiggerstaG case will be taken up
sentences VIII not be pronounced TIL all the trials
have been concluded.