The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-24

CHARLESTON
nesses were to be brought against them. In the
old time. no injustice was wrought by this law
because the trials were held In the neigbborhood
OF the offence, md the defence could always
send out ten or twelve les to get their wit.
nesses before the trial was over. In this
case, they had not known what witnesses
would be needed, and 1t was only by chance that
some Of them were present. The Charge against
the witness had teen, at first, conspiracy and
murder. That had then dwindled down to q con.
| spiracy to prevent colored men from voting. He
| did not care II the Ku.klux were shown to have
had that object. The defendant had not been
convicted Of belrg a Ku-Klux, and the very
strongest testimony against him did not amount
to a bare suspicion. The informers who had tes-
titled against him should be looked upon With
doubts, and should not be believed unless there
| were some other facts to confirm their state.
ments. He would not invelgh those witnesses,
because he could sympathize with the weakness
anu frailty Of human nature. Knew 1t was q ter
rible thing to rush against the forces Of this
gigantic government. 1t was no wonder
that they tremoled at the avepging
Nemesis Of ju:tlce that was pursuing them,
and he had some charity for Daniel
anil some little also for the chameleon, Williams,
but their testimony should be corroborated by
very strong circumstances before 1t could be
believed. Not one Of the witnesses had ever
heard Of MI. Roger being q Ku-Klux until he
! was arrested. Then they talked 1t over. and
having never seen him on a raid or acting In any
way with the Ku-Klux they had guessed that he
was a councilman, and, perhaps, had told 1t over
until they believed it themselves. Williams said
ne saw him at q meeting of chiefs. but had not
shown that 1t was q meeting OF chiefs at all.
| williams was q chief himself, but James Munroe
| was there, and he was not 8 cniel, ana 30 were
| Richard Lynn, John Long, Richard Johnson and
Monroe FAINT, who were not chiefs. The meeting
| was he'd to consider about stopping the outrages,
and tina: was o good thing. It was a
pity the meeting had not been held be-
fore, and II Mr.. Roger had gone there
and advised those chiefs to stop he should
not be blamed for that. The witness could not
say how long he was there, or whether he spoke
or not. Did not know whether he was there i've
minutes or half an hour. The doors were all
open and unguarded; the windows were open,
and people were passing In and out all the time.
Where was the secrecy OF such q meetlng9 There
was no circumstance to corroborate the testimo-
| nv, and the defendant was clearly innocent OF
| that charge. AS to the second meeting. The testi.
| mo5y OF Black was 80 perfectly puerile that he
was almost ashamed to. analyZe 1t. he took that
to be a Ku.Klux meeting because the chairman
asked II he was tall right, ~ and he inferred that
| he meant sail right'' as q Ru.Klux. 1t was easy
to interpret that question. The meeting was
simply q primary meeting to make nominations;
| but they wanted to know II he was q friend to
their candidates. II they could rely on his support,
and II he would not betray their plans for the
| election to the opposite party. Other
| witnesses swore positively 1t was not q
Ku-Klux meeting, and Black did not swear
that 1t was, but only that he inferred 80.
Then Mullinsx, coming from q distant portion OF
the county, said he heard some man say that MI.
Roger was q councilman OF the Ku.Klux. Tnat
was not q legal declaration. No doubt many men
had been rumored to be Ku-Kluxes who were not.
II such testimony were to be received, It would be
a total abrogation Of all the principles OF law.
There would be no liberty left, and the sooner we
fall into the hands Of a despot and abolish jurles
and courthouses the better for The country. There
were no two witnesses to agree upon any single
point. Williams testified to the meeting In the
cellar, Black to the meeting In Masonic Hall, and
Mullnax testified that Johnson said Mr. Roger
was a Ku.Xlux, which johnson said was a lie.
Colonel McMaster continued for come time with q
further review OF the testimony, and concluded
with an eloquent appeal for justice.
District Attorney Corbin followed In q brief
| speech, In which he claimed that the charge was
fully sustained by the testimony, and that OF all
the men connected with the Ku-Klu1 conspiracy
such men as the defendant should be the first and
most severely punished, as they were the leading
men OF the community to whom the others looked
for guidance and advice.
Judge Bond then charged the jury. he said
| there was but one count In the Indictment, and
| the facts were narrowed down TO q very small
compass. The charge was a conspiracy against
:he act Of May, 1870, to threaten, intimidate and
| prevent colored men from exercising the right OF
suffrage. To find q verdict or gully the jury
must first ind that there was q conspiracy, and
that it Tad this for one OF Its objects. There
seemed to be no dispute upon this point. The ev.
ldeuce showed that there was such an organiza-
ron, and the counsel on both sides had united
, In condemnIng 1t. The only question left
was whether the defendant belonged to it.
A great deal Of testimony had been In.
| troduced to show the character OF the con.
| spiracy. and SOM to show that he belonged
to 1t. 1t was necessary for the government,
10 order to make out Its case, to show the
| existence and the object OF the conspiracy; but
| all this testimony bad no bearing on the case Of
the defendant, ualess the testimony was sum.
| cient 10 show that he was q party to the conspira.
cy. Unless the government could show, aside from
hearssy testimony that he was connected with the
conspiracy, the testimony had no relation to him.
! There had been two facts brought forward to con.
meet him. The first was his presence at the meet.
Ing in the cellar at UnIonvllle, and The other was
| the meeting at Masonic Hall. The point for the
Jury to determine was whether those we're Ku.
Klux meetings. II they were not, then all the
testimony about the conspiracy had no manner
OF relation to the defendant. II, however,
those meetings were meetings OF men,
bers Of the Klans, coming together as
Ku.Klux, then he was connected. AS to
the testimony OF an accomplish he was like any
other witness, but 1t rested entirely with the jury
to determine his crediollity. His competency to
testify was decided by the court when he was
allowed to 90 upon the stand, but the jury were
the sole jadges OF the amount OF credence to be
| attached to his testimony. The case was a serious
one, and he warned the jury to give 1t their best