The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1871-09-28
The Ku Klux Trials in Raleigh, N. c.

The trial OF h. a. Sh0tWell anu fourteen Otn-
ers, indicted by the grand jury in the United
States Court for conspiracy, and also charged
with being member of the Ku Klux in Ruth
erford county, N. c., closed on Thursday last,
2lst of September. They were alleged to be
the parties that visited the house of one ): M.
Justice, Republican member of the Legisla-
ture. in july last, and inflicted violent injuries
upon his person. Mr.. Shotwell is the editor of
the Democratic paper at Rutherfordton, while
t Mr.. Justice is the editor of the Radical organ
at the same place.
The prosecution contended that the Invisible
Empire, the highest degree of the Ku Klux Or
ganization, was an illegal association; that
their oaths, orders and acts constituted 1T a
BODY of conspirators, and the acts of each be-
came the acts of the whole
The defence contended that the oath of the
order was not sufficient evidence in its terms of
conspiracy against the right of colored men
to vote, nor was it such as practically interpre-
ted by its members, it being abundantly shown
that it was established for lawful purpose,
there being no evidence of single raid on
colored man because of his Republican princi-
Piles.
Judge Bond, in his charge to the jury said:
In conclusion, gentlemen, the court cannot
refrain from commencing this case to your most
the bench We have never seen case which pre-
sented, if the witnesses speak the truth, facts OF
such unprovoked wickedness and brutality. Its
euormity consists in this, that some seven or
eight witnesses have stated in court OF JUS
tice, upon oath that they themselves went in
disguise to murder a neighbory of highly re-
spectacle character, in the dead hour of night,
towards whom they had no ill-will, who had
never wronged them, and whose property they
had no desire to steal. They stated that they
had dragged him from the side of his sleeping
wife in a fearful storm, where they would have
killed him had not co-conspirator's heart re-
Tented at the critical moment-and he stran-
ger. Why, gentlemen? Not for personal NAL
ice or ill-wilI, but because they were ordered to
do so Gentlemen, if you find these facts from
the evidence to be true, and if it be true they
cannot be punished, tell you, solemnly, there
is no security for our lives in North Carolina.
You are in the hands of bandits. The law is
mockery and the courts might as we'll be
closed"
The jury, after consulting about two hours
and half, returned verdict OF guilty as to
Shotwell and six others not guilty as to three:
Two of the party, Moore and Fortune, plead
guilty during the progress of the trial. The
Verdict was unsatisfactory to the prosecution,
as the jury failed to say, "Being member of
the Invisible Empire is crime"
On Friday last, Judge Bond sentenced the
prisoners as follows: r. A. Shotwcll, imprison-
mcnt at hard labor for six years and $4,000
fine; Alolphus Dcpriest, George w. Holland
and WIN. Mcintyre, Imprisonment for two
years at hard labor and fined $500 each; VIM.
Teal and VIM. Scruggs, three years imprison-
mcnt and $500 fine each; David Collins, four
wears at hard labor and $500; Amos Owens,
ssix years and $4,000; Spencer r. Moore and
D. B. Fortune, six months Imprisonment each,
in common Jail. The parties sentenced to
fine and hard labor will be forwarded to the
State prison at Albany, n Y.