The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-20
THE KU-KLUX TRIALS.
TIE FIRST CONVICTION FOR MURDER.
Forming the Panel-objecttons OF the
Government-The Opinions Of Judges
Bond and Bryan-Gunthorpe & Co
Again on the Stand.

Wv
Bond and Bryan presiding, and proceeded q
once to the trial of Elijah Rose Sapaugh, o
York County, Indicted for conspiracy agains
s.Tom' Roundtree and murder. The govern
ment was represented by District Attorne.
CorbIn and Colonel Merrill; and Joha F
Ficken, Esq, BY assignment of the court, ap
peared for the defendant. The defendan'
pleaded aot guilty, and the impanelling Of
Jury began. This proceeded quietly enough
until the thirty-one names to be drawn from
had been exhausted, and then the jurors tina
had been rejected by the government were
ordered to be called again. The first OF these
WIS Mr.. Thomas 8. Mills, of Chester, an intel
lfent, hne looking gentleman of middle age
who has been Invariably challenged by the
government in every case of conspiracy IL
which his name has been called at this term O.
the court.
On this occasion he was subjected to q yer!
severe and searching examination by the dis
trict attorney, with a view of proving him In
eligible as a juror under that clause OF the
Enforcement act which provides s'that no per
son shall be a grand or petit juror who shall,
In the Judgment of the court, be In completely
with any such combination or conspiracy"
In reply to the questions of the district at
torney, and to the cross.examinatlon of Mr.,
Ficken, MI. Mills swore that he was not q
member of the Ku-Klux organization and
never had been, nor of any secret political
organization. In regard to bis connection
with what the district attorney termed the
raid on Chester, he said that on that night he
was in command of q body of armed men,
citizens of Chester, who were called together
by Mr.. Davega, the %intendant of the town.
The men were called together because q COM
pany of colored militia were coming froE
Carmel Hill to enter the town. There were
some men there from Rock Hill, not In dis
guise. Dr.. E. T. Avery was not there. Ire
dell Jones was there. They came down on
the train at about 10 P. NJ, and stayed till the
next morning. Did not know whether they
were Ku-Klu3es. Knew nothing about the
Ku-Klux Klans. Did not know who did the
firing at that time. Wa not connected In 1858
with the Ku-Klux Klans, Council Of Safety nor
any secret political society, and never had
OS5us Dlu AOb huO" ~ oASb ~
man that night. If he knew, would not
hesitate to tell. Did not know whether
Jerry Walker shot him or not. Did not think
that he did. Did not think that he was with
the Rock Hill party that night. Did not know
whether he was a member of any secret polld'
cal organization. The company which ne
commanded was a body of young men called
upon to resist the entrance of the company
from Carmel Hill, and he (the juror was put
in command by the intendant. The intendSnt,
with the sheriff and Major Ryster, the major
Of the militia regiment, had gone out to the
colored company and asked them to disoand.
It was in obedience to the authorities OF the
town that his party had come together. The
colored company was a regular militia COM
pauy. They were not on drill or muster. They
came to Chester to get ammunition. Did not
understand the militia company came to seek
protection. Was satisfied that was not the
case. The militia company in the town, COM
nanded by Captain Lee, was also called out
by the ,ntendsnt, but were afterward dis
banded aad sent home. The intendant
and all the prominent citizens were anxious
that no collision or bloodshed should
occur. Believed the sheriff induced the
company to disband because he knew
that there would be q collision. Ills men
(the ~juror's) were not called out until the
firing commenced at the depot. There was
no organization among them. They had at
one time tried to organize themselves Into a
company of the State militia, but the Cover
nor would not allow them. They came out
promptly at the call of the l%ntendant, Just as
the young men of any otha; town would come
out under similar circumstances. He believes
that during the next three ortour days there
were four men killed. Did not know that there
were seventeen men killed. bad no idea
that there were. Had heard various rumors
at the time. Had heard there were two hum
dred killed. His party did not continue un-
der arms after that night. The next morning
the militia company left the town with a
promise that they would dlsband when they
had got five miles away from town, but they
did not do 1t. Did not understand that they
were attacked by armed men. There was q
great anxiety among the people at the time
LII LQ6 WuOlc COuutlys Ano PooPfS
stantly on the look out for trouble. He was
president of the fire engine company In Ches-
ter. The party from Rock Hill did not go
around and disarm the negroes that night.
Judge Bond asked the district attorney II
he had any testimony to show hat there were
disguised men In the town that night, or that
any of the parties indicted tor conspiracy had
been there In command.
Mr.. Corbin said that he had witnesses In the
city who could testify to 1t, and he sent for two
of them.
Jndge Brown, colored, was the first witness.
He testified that he belonged to the Carmel
Hill militia company, and had assembled on
Sunday night at Pilgrim Church, because the
Ku.Klux had threatened them. While there a
party of disguised men, between sixty and
one hundred in number, charged up the road
and shot at the company, who returned tue lire
and drove them away. The next morning
they went to Chester tor protection. There
were seventy-ave OF eighty men In the com
.pany. They we're met by Mr.. DaVega ano
Others before coming into town, who told
them to give up their arms and go back and
they would be protected. They had no lnten'
1t. .e.&son1,;n- %ho to-n opH did not h0thpT