The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-17
Uyr1Ep STATES CIRCUIT COURT:
Tfi.l OF Leander Spencer and William
Smith .1r Conspiracy and Murder.

smith ..r Conspiracy and Murder.
The United States Circuit Court met at tht
nsual hour yesterday morning, aud transact
ed the following preliminary business Prev
GUS to entering upon the trial which occupied
the principal part of the day:
On motion of the district attorney, r >
Tharin, Eeq., was admitted to practice IN INT
United States Courts.
The cases of Charles Oglesby, P. a. Daws
James Trammell -, Daniel Nicholas ana WIZ
liam Nicholas, charged with conspiracy were
noble pressed by the district attorney and Inc
defendants discharged.
An order was Issued to the marshal LOT tne
removal of Hayes Hardwick, William Barnes
and Garland Hardwick from Chester te
Charleston.
The grand jury returned a true bill against
Il. D. Maloy, on the first count, OF an indict
ment for violating the internal revenue laW.
julius Brown was found guilty OF a viola
ton of the internal revenue law, and Hneo tWo
hundred and fifty dollars. Henry Clark was
found guilty OF a similar offence, ana nneo
one hundred dollars.
The cases of Leander Spencer and William
Smith were then called, and John F. Flcken,
ESQ.,, appeared for the prisoners, having been
assigned TO their defence by the court last
Friday. These defendants are charged with
conspiracy and with the murder OF Charlie
Good. and these are the first murder cases
that have been brought to trial at this term.
They were arrslgned, and each pleaded not
guilty to the joint indictment, which charges,
first, a general conspiracy to prevent divers
citizens from voting, In violation OF the en-
forcement act of May 81, 1870; second, a con-
spiracy on the 7th of March, 1871, against
Charlie Good, and the killing of Charlie Good;
third, a conspiracy against Charlie Good
because he had voted 10 1870; and fourth, a
conspiracy against Charlie Good to prevent
him from voting in 1872.
Mr.. Ficken then said that he desired, just al
that moment, and as matter OF form, to enter
a plea as to the jurisdiction of the court. He
made the poins that the Circuit Court OF the
United States could not entertain the question
of murder or any OF the other crimes alleged
in these cases, as by the act Of Congress the
subject was confined to the District Court.
He objected, therefore, that the case was I'M
properly before the court, but he said he mere
" made the objection at that time, 30 that
they could take advantage of 1t at the proper
time In the further progress of the case. DE
did not propose to make any formal argument
upon the question as 1t had once before been
raised and argued In that court, and was now
pending upon an appeal to the Supreme
Court.
Judge Bryan. That precise point has never
been argued in this court.
Mr.. Flcken. Would the court like to hear
argument upon the point?
Judge Bond. No, sir.
The process of %empanelling a jury then be.
gan and was as tedious as usual. By the
rulifg of the court on the previous day but
thirty-one names were put into the hat, In
stead of the whole number Of attending
Jurors, and this resulted in abridging to some
extent the effect of the peremptory challenges
made by the district attorney. The district
attorney freely exercised the privilege OF
s.standing asiden the intelligent looking
white Jurors who we're presented, and when
the list of thirty-one had been exhausted but
Blk jurors had been obtained. It was then
ordered by the court that the names of those
who had been rejected by the prosecution
should be again called. BY LnIs means tnree
more Jurors, (white,) who had been ordered
byy the district attorney to stand aside' were
obtained and sworn in. The jury, as nnalS
formed. was composed Of five white ana
seven colored men, as follows: Jas. g., Green,
foreman, white; James T. DaCosta, e%olored;
Charles A. Darling, white; Stephen Hare
eolored: Alexander F. Black, white; Ebenezer
NJ. Wells. white; Samuel W. Getty white;
Matthew Wilson. colored; Samuel Dickerson,
collored; Alfred Birch, colored; John R. Pinck-
ney, colored; William A. Hayne, colored.
The indictment was then read over to the
Jury, and District Attorney Corbin made his
stereotyped speech In opening the case, ana
called the usual witnesses, who also recited
their stereotyped testimony.
The first witness was Lawson B. Davis, VINO
related his old story about having joined the
Kn-Klux Khan In York County, and about the
constitution, oathp, grips, &C., of the order.
He elso testified that William Smith, the de-
PENDANT, and J. Wesley Smith, had come 10
him In March, 1871, told him Of the killing OF
Charlie Good by the Ku.Klux, and stated mat
they had been present at the killing. They
came to him to summon him to assist IN the
buryipg of the body, and he agreed to 60 With
them, but afterward withdrew. He testified
that the purposes of the organization were po-
litical and in the interest of the Democratic
party.
Thomas L. Berry went over the same testi-
mony that he had given before, and also testl-
fed that, on the morning OF the 10th Of March,
1871, he had been told by J. Wesley Smith OF
the killing of Charlie Good. Oh the night OF
the 9Th. Wesley Smith told him that he, with
william Smith, the defendant, William White
and Leander Spencer, had been present at
the killing. Soon after that, the witness was
summoned by J. Madison smarr to come and
assist at the burial of the body, and had gone
with smarr, J. Wesley Smith, William Smith,
John Wallace, Pinckney Caldwell, Mitchell,
Allen, Brown and some others. They went to
where Good had been killed, and found his
body lying on the ground, tied to a sapllng by
q strap. Some lime was thrown over the
body, and it was then rolled up In bagging
IL