The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1872-01-03
United States Court.
IN TIE CASE OF JOHN s. MILLER FOR
CONSPIRACY.

When Mr.. Corbin had closed his arcn-
mert, Judge Bond delivered u charge TO
,hc jury as follows:
II the Jury find from the evidence that
the c1r.<; <;.iracy described in tie first and
only count in the indictment did exist,
and that it had for its ohj"ct to li event
citizens nf the United States qualified
to vote from voting, on accoun, Of their
color, and the defendant was Il member
of Such conspiracy, then the defendant
is guilty. But tic jury must, in order
to convict the rarty. farther ti"d from
the evidence that the conduct Of the de-
fendant was voluntary, and WAS not com
pelIrd by force he could not resist; and
the jury arc at liberty to find, fr"!n al
the evidence in the case, what The IN
tent and purpose Of the defendant WAS.
The prisoner is entitled t. every rca.
sonable doubt which the jury may haze,
and by tta. VIC mean lot every vague
and iudiStinct rotion which may haunt
a Jurors mind, but doubt for which
the jury can give reason.
If there was no Such conspiracy, or It
there was conspiracy, and it had df-
Gerent purpose or purposes, aud the in
tent Sc, out in the indictment was not
one Of it's purposes, or if the defendant
was not one of the conspirators, the jnry
must fird 4 verdict Of no, guilty. Gcn,
llemcn, the case is with you.
After the jury retired, Mr.. Corhin
proposed that the court deliver sentence
upon the prisoners. Snerod Chi'dcrs,
Evans Murphy, Elczckiah Porter. and
W,n. Montgomery. who had pleaded
guilty to the first indictment brought
before the court. The charges in the
indictment were that the prisoners were
members Of general conspiracy to in,
terfrrc with and prevent the free exercise
of the right Of voting of divers citizens
of African descent, and that the prison
crs engaged in special conspiracy
against A,nzi Rainey, to injure and OPP
press him, because OF his having voted.
The counsel for the prisoners submitted
atfidavitS in exclamation Of the offence
Of the prisoners. While the court was
considering these atiidavi's, The jury re-
turned, and rendered a verdict oi guilty
against john S. Miller.
Sherod Childcrs was then called ur to
the bar of the court. and interrogated by
the court rs to what he could say in
mitigation Of his punishment. The lri'
Souer was rather stupid locking fellow,
and had to &c questioned Pointedly by
the court.
The court Stated that, in consideration
that the prisoner had pleaded guilty, and
thereby showed a measure of repentance,
the punishment should be only 500
fine and eighteen months Imprisonment.
Vim. Montgomery was mex: called.
The court delivered the same sentence.
Evans Murphy was next called. He
stated that he had wife, four children
ard two SisterS,in,law dependent upon
him; that he was . farmer, aud cpHid
read ard write a little, and that he was
only on the one raid, and had taken 10
immediate hand in the whipping.
The court sentenced him to the same.
Hczekiah Porter received the same
sentence.
R,be.t Hayes Mitchell was then call.
ed. The court ovcr-rulcd the motion for
a new trial and in arrest of Judgment,
argued by Mr.. S'anbery, yesterday.
The sentence Of the court aas tie
Sa'r as the others.
john W. Mitchell was next called. H.
stated that he was q married mar, had
eight children, had dccriped 'acthcr dc
pending upon his labor tha, he joined
the klan under apprchen>i"nS for his OWE
safety, and had controlled them in all in.
stances fnm intended acls of Violence.
Judge Bond stated that, on account Of
his (the E'risnncr'>} aye and Influence in
the community, of his prominence in the
klan as chief, aud Of his failure to inform
the civil authorities, or take anv STEPS 10
restrain the violence Of those who were
greatly under the control, and would
have been influenced by his example, tie
heavy pe!.aIty Of $1,000 fine and five
years imprisonment would be pro-
nounccd against him.
DR.. ThoS. 3. WhitcSidrS was mex!
called, and Was sentenced 10 one years
Imprisonment and 800 fine.
John S. Miller was then called to the
bar Of the court, and sentenced to three
months imi.riSonIncn; and tiucd S2D.
Mr.. Corbin stated HAT there were
nu;nbcr Of other hrftnlants who desired
10 plead guilty. They were called, an,;
as fellows:
SylvanuS Shcarer, Hugh Shearcr, YIN.
Shcarer, James r. She&rrr, fine 500,
and imprisoned eighteen months.