The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-16

States, and for senators and representatives Id
Congress, and In these cases only In q limited
way. The fifteenth amendment Is confined to
one matter alone, and that is discrimination
on account OF color, &c, in the elective fran
chlse.
THE KU-KLUx TRIALS RESUMED.
County, Taken Up-The Tactics OF the
Prosecution.
The United States Court got to work yes
tarday morning with no more than the usual
delay, with Judges Bond and Bryan presiding,
and Colonel Merrill, District Attorney Corbin
and Mr.. Earle appearing for the government.
Miles McCulloch, Of York County, was called
up to plead to an Indictment for conspiracy
against Henry Brown and Brutus Good, and
pleaded guilty.
Wesley Smith, Leander spenser and VIM
Smith pleaded not guilty to charges OF con
spiracy and murder and, being. without coun-
Be, 4Jno. F. Ficken, Esq, was assigned by the
court to conduct their defence.
The case Of William Lowery, OF York Coun-
ty, charged with conspiracy against Dick VIII
son, was then taken up. The defendant plead
ed not guilty, and Colonel 6. P. Hamilton and
Major Hart appeared as his counsel. The pro-
cess of empanelling a jury was her begun,
the names of all the jurors being put into a
hat and drawn by the clerk. Only I've jurors
Colbert Plllsbury, white, and Matthew Will
son, colored,) had been obtained, when Mr..
Corbin, on the call of Stephen Hare's name,
ordered the juror to stand aside.
Colonel Hamilton objected to this species OF
peremptory challenge by the government.
The right Of the government to peremptory
challenge had come from England, but 1t mad
never been allowed in this State, except ID
capital cases, where the prisoner was entitled
to twenty peremptory challenges. This was
merely an indictment for conspiracy, and the
prisoner was entitled to his challenges under
the act of 1866. The right of the government
TO challenge was never allowed In South Caro-
lima when the prisoner was not allowed is
twenty peremptory challenges. he cted the
case of the United States vs. Shskeliord, 10Th
Howard, and closed by claiming that to pre-
sent the prisoner with the anne OF fifty Jurors
and then to give the government the right 10
peremptory challenge would be to place The
accused entirely at the mercy OF the govern
ment.
District Attorney Corbin replied in regard TO
the right Of the government to draw the jury
from all the attending jurors, and cited the
csse of The United States against Watkins IN
support of his position. =
Judge Bond directed that the names OF the
nineteen Jurors of the first panel who attend
ed the court should be put into the box, ana
that the frat twelve names Of the extra panel
of thirty summoned by the marshal be put IN
to make up thirty-one.
This was done by the clerk, after some
slight objections BY the district attorney mad
been oyerrnled by the court, and the forming
of the Jury. began. This was q tedious pro-
ceeding, and thirty-six names were called
before the requisite twelve jurors were op'
tanned. The right of challenge was very freely
exercised by the district attorney, six white
men and two colored being thus set aside, and
the defence challenged three white men ana
eight colored. The jury, as finally formed
consisted OF six white men, (mos:ly Office
holders or ex-oficIals,) and six colored men.
Their names are as follows: Gilbert Pllls-
bury, white, foreman; John G. G. Levy, white;
James F. Green, white; Thomas w. Berry,
white; James Dobbln, white; Charles A.. OAR
ling. white. James Moultrie, colored; Lee
Brewer, colored; John s. Edward, colored;
Alfred Birch, colored; Braxton Brown, col
ored, and Matthew wilson, colored.
The indictment was then read over to the
,ufy. It contains four counts, charging the
defendant, first with conspiring in April, 1871,
against citizens to prevent their voting In
October, 1872; second, conspiring In April,
1871, against citizens because of their voting
In October, 1870; third, consplring IN April,
1871. against Dick Wilson, a colored citizen OIL
York County, to prevent him from Young ID
October. 1872, and fourth. conspiring against
Dick Wilson because he had voted In October,
1870. for A. 8. Wallace as member OF Con
greas-all in violation Of the Enforcement act
of May, 1870.
Mr.. Corbin then addressed the jury, saying
that they had heard the Indictment, and ne
expected to prove the charges therein con-
tanned. He expected to how that the de-
PENDANT had been a member Of the Ku-Klux
Klan for several years; that the Ku-Klux
organization was a conspiracy for the purpose
of interfering with colored citizens and de-
priving them of the right to vote; that In this
case the defendant had been engaged In
severely whipping Dick Wilson because he had
voted for the Republican candidate, A. 8. Wal
lace, for Congress, and that on the same night
he was engaged in whipping a large number
of others. He would first show the nature OF
the Ku-Klux Khan and the manner OF Its
operation, and he would then show the de-
fendant,s~ connection with 1t and participation
In its acts.
&The government then began calling their
old s~tand-bys, the witnesses who had been
put upon the stand at nearly every trial at the