The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-27
AN ACT OF JUSTICE.
Sudden TERMINATION OF 4 MUIR
DER TRIAL.
Thomas Zimmerman Acquitted by the
Government's own witnesses-A Yer
dict OF Not Guilty Ordered by the
Court.

Governments own WltnesaeS-A se1.
! dict OF Not Guilty Ordered by tho
Court.
The United States Court assembled at the
usual hour yesterday morning, and entered
upon the case of Thomas Zimmerman, OF
Spartanburg, charged with conspiracy on May
l. 1871, and the murder of Wallle DIN, alias
Wallie Fowler. Messrs. D. &. Duncan and j.
W. Carlisle appeared for the defence. The
defendant was arraigned, and pleaded not
guilty, and the following jury was obtained
James S. FlllebrowD, foreman; Ebenezer
M. Wells, Charles A. Darling, Lorenzo 7. Gard
ner, Samuel W. Getty, James Dobbins, Thos.
s. Fcsberry, and Thomas 5. Mills, white; and
James Moultrie, James Battice, James T. Da.
Costa. and Thomas Bamfeld, Jr., colored.
Tae district attorney then addressed the
Jury in very nearly the same language thai he
hal employed in opening former cases, and
called Columbus Matthews as the frst witness
for the prosecution. Matthews testified that
he had been a Ku-Klux, having Joined the
.Cecar Springs den in March, 1871. Had been
on one raid when George Garner, a white
man, was whipped. The chief said he was to
b. whipped because he was a constable under
a black man. Tha same den also raided on a
negro at Mr.. Thomas's place, and he had heard
OF another raid on which a man named Win
smith was shot. Knew nothing OF these Thugs
himself, and had only been on one raid.
There was no cross-examination ct this VIII
ness.
John Matthews. was next called. BE testi-
fed that he had Joined the Batesvilled den OF ku-
Klux in April, 1871; and he described the raid
on the night of May lst, 1871, on which Wallie
DIN was killed. He testified that the party
met a. General Bates's store, and went first TO
Nose Cates's house, found him and whipped
him pretty.seyerely. He was q black man,
but witness did not know his politics. They
then went to. Matthew Lancaster's house and
got him out. Somebody threw a bed.quilt
over his head, but he struggled outef 1t and
ran away. Then Jim Vandiver chased after
him, shot him, and: came back saying he had
killed him. Witness was positive that It was
Jim Yandlver who shot him. They next went
to Wallie OnnHs, and John thompson erked him
out OF the house, and, putting q pistol up
close to his forehead, fred, and the ball
entered his head. DIN fell down, and Thomp-
son fred two more shots at him. he then called
for a fire, and, getting atorch, threw that
down on OlIn and left 1t burning. DIN died
next day of his Wounds. There were on the
raid beside the witness Zach. VandiVer, Jim
vandirer, John Thompson, Aaron thompson,
Francis Thompson, John Zimmerman and Joe
Zimmerman, SONS of David Zimmerman, and
brothers of the defendant. Witness did not
see the defendant there. There we're three
men present whom the witness did not know.
On being cross-examlned by Mr.. Carlisle, the
wltEess said that he would have known the
defendant If he had been on the raid, and re-
peated positively that 10 was Jim Vandiver
who fred at Lancaster.
Matthew Lancaster, colored, was next
called. He testified that he was forty-slx
wears old, and had always lived in Spartan
burg. The Ku-Klux came on him IN May,
1871, pulled him out of bed and threw a bed
Quilt over his head. He heard somebody call
out s'ssoot him" Then he threw of the quilt
and started to run, and somebody rode after
him and shot him in the back Of the head.
The bullet entered into his head, and was
taken~o out four days after by Dr.. Means. 1t
was Tom. Zimmerman, the defendant, who
chased him and shot him. Knew 1t was the
defendant because he recognized his voice
when he was chasing him. Knew the de-
PENDANT very well, and was positive that ne
identified him. On being cross-examlned the
Wl,ress testified that the party did not tell
him what they came on him for. He recog-
,nized John Thompson and Thomas thinner
man BY their voices. Recognized none OF
the party by sight, but only by the sound OF
theirJfoices, and was running away as fast as
he could wben,he heard them. Was in great
confusion, excitement and fright. Was posi-
tive that he Identified Zimmerman.
Wesley Brown, colored, was next called. He
testified that he saw the Ku.Klux upon the
raid that had been described. Was standing
near his own: house while they were a allan
casbefls house. It was at night, but the moon
was ahising. Did not know what time OF the
wear 1t was, nor the month, nor the day of the
week. Did not know the distance between
the two houses, but thought 1t was about as
far as q certain building which. he pointed out
through the window of the courtroom, and
which Is about a hundred yards awayfrom the
courthouse. Recognized Tom Zimmerman by
his voice and his horse. The horse was q
black pony belonging to the defendant, which
the witness had seen very often and knew per-
.fectly well. When asked by the district attor.
ney If there was any peculiarly about zlm-
.merman's voice, by which he recognized ib,
the witness replied that she didn't understand
dictionary talk, but he know'd,it was Tom
Zimmerman On being c~ross-examlned the
witness testified that he was 'tgoing on twenty
three years old" DID not know when his
birthday would come. Had voted In 1868.
Did not know who he voted for, but knew 1t
was the Republican ticket. lid not know
whether he was twenty-one years old then.
Did not know what year it Is now. Recog-
nized Tom Zimmerman, Elijah Lee and MIR.
Wildwood. Knew them all by their voices.
Was standing in a cotton patch while they
ht, JUoo nNf uaru mnnh