The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-21
NOTES IND DETAILS BY MdIL.
Other Prisoners on TrIal-The Same
Old Jury-POIicy OF the Prosecution
and the ID cfence-An Errntfc Witntss.
[FRoM OUR SPECIAL REPoRTER.l

Upon the opening of the Circuit Court this
morning some preliminary business of no
general interest was disposed of, after which,
on motion OF Mr.. DeSaussure, the ball for Mr.
John Lyllle, who is charged with conspiracy,
was al owed to withdraw, and the prisoner
was surrendered and lodged 10 jail.
Mr.. Johns n then called the attention Of the
court to the question as to the Jurisdiction Of
| the United s ats Circuit Court over domestic
crimes, upon which the court had differed IN
opiuion aud suggested also that the question
as to the right OF the government MT to pete%mp. mp
torily set aside jurors when The jury WAS being
| impaunelled, who had been accepted by The
defence, be also certified by the court. The
court promised 10 announce their decision Ia
| this last named matter tomorrow morning.
The counsel for the government, not having
examined the papers relative 10 the DINER
matter. more time was granted.
District Attorney Corbin then stated That
they were really to proceed 10 the trial Of the
Other prisoners named In the indictment with
| Robert HAYES Mitchell, but as the defence
were awaiting the arrival Of important wilt
| nesses in the c,ses. they were postponed.
The case OF the United States against DR..
| Thomas B. Wbite.ide and John w. Mitchell
was then called. Messrs. Wilson, of York, and
C. D. Melton, of this city, represented the pris-
oners, and agreed not to sever in the matter
of peremplory challenge, and to accept Joint
trial.
the charge against these defendants Is con.
spiracy, and the indictment is couched In
near Y the same terms "a that as ainSt Robert
Hayes Mitchell. The clerk read the charges
| 10 the prisoners, and each vi them pleaded not
| guilty.
The impannelling of the Jury then began. A
descriltOn Of The crowd from which the jury
was to be selected hos already been given In
The NEWS, and as there has been no Improve.
meut in II. q jury was kind Of "H0bson's"
| choice. In making up the jury, n'ne jurors
we're prrempt0rily challenged, TWO OF whom
we're white men of EotoIiously strong prtjn-
dices against The native people OF The Stale.
The district attorney, under tine standing
aside" policy, disposed Of lhree. two Of whom
had been accepted by the defence, and were
white men. james F. Reilly was found to be
exempted by hi, occupation, he being mil.r
pursuing his trade. -.
The Jury, therefore, as formed consists oil
nine cOOred men and three whiles, as follows:
James C. Hnl oway. Joseph Smith. VIM. +.
Dover, John w. Gordon, Henry Foriham and
John Freeman, all coored men rom Charles.
ton County; January simpson, William smith
ana Cyrus ston. colorei men IRON Richland
County; John N. Dunn, white, Of Richland;
Alfred Agerton, white, of Chesterheld; and
David Leahey, white, claiming 10 be from Lau-
rens County. This last named jur or was ap-
pointed foreman. His claims to citizenship In
taurens County are rather vague. Like
member Of the jury who tried Robert Hayes
Mitchell, he is former State constable, and
1t is believed that until recently BE has been
absent from the S ate for year or so.
Everything being fixed US described, the
prosecution put their Witnesses forward, the
| first three being men who testified IN the for
mer case. and who ts ided generally to the
same fact as to. the existence ofan organization
and lis purposes.
The prosecution are extremely vigilant and
anxious TO make iJ appear that the crimes
that have occurred, oil which mention Is made,
were committed by an organized conspiracy,
and for political purposes, aud press upon the
witnesses questions TO this end, not always
with the desired result.
The defence appear perfectly willing to ad-
nit that there have been Grim. committed IN
Yurx County, and that they are to be con-
demnpd there, as everywhere they should be;
but they attempt 10 disprove that They were
committed uuuer the aI plces OF any political
o 'ganizauon.
Tie testimony of several colored witnesses
upon The staad to-day went 10 show that out
RACES had been committed, but 1t was not
proven that they had been by any organized
party or party whatever, guided by political
motives.
One aged colored man became unusually
erraiic In giving his evidence. aud there was
probably never seen upon any Stage 0etter
acting, though In one instance 1t came
mar resulting in injury 10 The old fellow, f,r
while he was jumping aLout, explaining this
thing and that connected with The story ne
was lel ing, he made misstep and came very
near pitching headlong backwards down the
steps leading from the Judges desk.
Tie prosecution have not yet submitted all
their simony, and none of that Of the de-
fence had been given.
The grand jury conlnu, to find bills, with
occasionally a return OF mo BILL" True bills
were presented today against between twenty
and thirty Of the citizens OF York.
When these lri lis may end iamore than can
now be conjectured.