New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-01-09
THE KU-KLUx TRIALS.

soN-w.bN rrRTuER DETAILS
PIIsIIED ,,,r rptRlNEI |
pENCE' ., CORRESPONDENT v, ~ EIuv
IF Eon s c.. Dec, orcercss to disclose al
a,s have now made ,nres objects ana ih''n'u9
,ost completely 'ne l single word ]" ~ , ,s,, 70
Of this gre' ,c,Iv legal aspects Oh Wv ,,nation OF
she presenc understanding Of '"e T,or were orig
gVe,,ro, Mcssrs. stanoei9 " =. dotcpd individual
these ulS''' -, not 10 much !" wv =. ,,,,al
,auy brought hee' ~ Injections and 20 throw 's"
Su-kiuN as :" - Of the prosecution II SUN "" r.
Obstacles ]" .,ose Gentlemen thcmsel''S' " r
she purpose - - those who employed 'nein 49,
Pu'pV.. CIT NJ the United states II ~ an local
C''',, indigo and the District jug. has an canal
,,,s arising IN this Court ea'u ton occurs the
aues'i"ns " ,.fsior Ifa division OF opinion " '' ~
share in the o''Sou % nv certificate Of such dif-
only mode Tor a -. enc supreme Court Of the United
icrep"~ pondpr the decision Of the quesuon upon
stat ,t Iudces OF the Circuit Court are divided Il"
'no ns,o are STAYED Messrs staubeIy and johnson
dopbedlv entertained the hope that their arguments
.onld produce a division OF opinion "h'h Woulu ptv
~, rrorress Of these cases until after decision ~
she supreme Court. This expectation rested mann ~,
ihout doubt upon the supposed unWIhngne7' OF 90
,s,rict Indee Cryanl to push these KukiuN ca7os
oI and also Ipon his known and well-estaoh'htu W
ZION for lenieucy toward if not sympathy Wi'n' '""
,t f hostility TO the exercise Of the Federal lo"e
,bc protection Of the cOlOred people Of the SCUM WV
which these very trials have grown.
QUESTION As To JURISDICTION or COURT
IJn 10 the preseut time these gentlemen have sue
ceedCd in bringing about a division OF OPIUM"
The Judges upon leading points Inc hrSt "'s '''
whether under the Enforcement Act OF 1870 ue CIRCUIT
ned States have jurisdiction toinqure ana
and whether the defendants IN committing the oHehses
oiaod I'm mat Act have also committed other onensrs'
.scb "a BURGLARY and murder against the laws OF the
s,,to In order 10 determine the measure Of punishment
N ho affixed to the ofenscs against the lu'd eta'S
To Illustrate In the of Robert Hayes Mtche inc
prisoner wac indicted hrst. Tor participating III yen
era conspiracy TO deprive the coiored people I'ueF""'
n York Comfy Of their right vote, 10y violence MIN
,daton and other unlawful means in le tcond count
- tbis indictment the defendant cll-- with con
dracy 10 jure and Cypress one jim Williams because
he had exercised the right 70 vote at The election in Oc
toor 1870; and il also charged that Ia tho act oil
,cuntttng the odense Of the cOnspirl,r against Jim
williams he had committed the crime OF murder under
the laws o. south Carolina. The question which now |
arse WAS whether the Circuit Court had jurisdiction 10
In yescate the latter part Of this count in order TO md
tha measure Of punishment for the OeDse Of conspiracy
~ set forth In the first part OF the count. This latter
CONT was drawn the eth section Of the Enforce
ment Act OF 1870 Upon THIS count the Judges we're
divided IN opinion Judge Bond sustaining the count.
Judge Bryan dsseutiur certificate OF This div-
O0 OF opinion was accordingly made up for adjudication
IN the Supreme Court.
RIGHT TO KEEP AND REAR ARMS
The second question upon which division 81 opinion
NAs arisen occurred under the third count Of the indic
ment IN the Robert Hayes Mitchell case. This count
charged the defendant with conspiracy 10 deprive one
jim Williams OF "a hight granted and secured bv tho
Constitution Of the United States 10 wit the right 10
Be and bear arms" question arose whether the
nch 10 keep and bear is right granted and SCI
cucd by the Constitution Of the United States so rs 10
support TINS count in the Indictment The counsel for
She defense contended that the amendment to the Con-
from viii I'll
rir"d was simply restriction upon the federal power
@cd not the grant Of right, while Gov
e1 ment claimed that it such right contem
pNed In the Enforcement Act Of 1870 and that the count
NtJ good. Upon Tins question the Judges were again
div ded Judge Bond sustaining count, and Judge
Bryan dissenting This division OF opinion
certified 10 the supreme Court The efcct OF the division
opn0 upon these two questions has been TO prevent
the Government from pressing 20 trial the most aroous
cases until after the decision Of the Supreme Court IL
t. perhaps well remark, also, that all hecsscs which
have thus been tried have arisen under the Enforce
sent Act Of 1870, and not under the kUKluX |
Act OF 1871 Nearly all tae ofcnses IN York
Coanty as wells IN most Of the other
equities OF the state committed prior u the Act OF
April 90 ISL The Government have therefore been
fore to stay proceedings in all those cases which IN
VOWED the higher crimes OF murder burglary arson
and rape as well in that most numerous class Of cases
wh involved the violation Of the rights OF the people
70 keen arms and to content themselves at tho
pre- aut term with prcssng!O trial those cases WheIe
the ononscs did not involve any Of the higher crimes
Ihe leading criminals viii therefore be retained III Gus
tOdy awaiting trial until the Supreme Court shall have
rendered decision upon the foregoing questions IT,
more guilty Of the parties who joined in the raid on jim
Wiiams-those who are believed TO have been directly
engaged m his hancug--have not been PIT upO1 trial.
ThOsc only who participated Ia the expedition, but not
~ hanging. have been arraigned the charge of
Tie general conspiracy 20 utimdatc and prevent -oord
CITIZENS from voting but the prosecution have put IN
ed lie" ~ these in proof Of the character and
sCOe Oi TINS sera conspiracy the details Of the opera
aors Of the Aian-he murders the whippings the
-ares, the arsonS, the numerous and mama,
hs' utragcs which have characterized its onerations
an thc public have therefore Icone into r,ss - /
nearly all the facts which would have been presented Il
uc more guilty parties could have been brought 70 i'm
mediate tIial.
NJ Johnson ErCOCNIZEs THE ESoRMTTY OF TIT GRIMES
,ssrs stanDeTy aud Johnson falling 10 produce such
asion Of opinion A. would tie up these cases alto
er or carry the question OF the general COnstitu-
uC1y Of The Act Of to the Supreme Court seemed
60 be forced 70 stand hy clients upon trial Indeed,
al ne conclusion Of the Robert Hayes Mitchell case. Mr
ssubery addressing the jury, stated frankly that he
M come here with expectation OF addressing Uury
or % conducting the defense Of any individual offender
probable that these gentlemen realized as little as
-s o. the public. the extent and enOrmity the out
Sacs- committed by the Ku-KuX in South Carolina and
eject Of the revelations which have been made In
'se trials ha- been 10 draw from Mr.. Johnson least
emphatic and broad a condemnation Of these out
'eS ever heard from the pen voice Of any
hr. staubery has been affected 10y these rectals
because his nature less susceptible or his political
ejudices deeper and more violent In opeuinp his Ar
Einent in behalf Of Robert Hayes Mitchell Mr. L,hD.ou
used the following language:
Ihaye listened with uumiXed horror 20 some a., +hs
testimony which has been brought before YOU Ta -
cages proved shocking TO humanity they adult u,
lether excuse nor justification they violate every
mq
~ enc" tla the parties engaged brutes insens
".' 20 ihe oDlSatons Of humanity and religion. The