The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-01-01
THE KU-KLUX TRIALS.
TIE SENTENCEs--THE TRL4L OF DE.
E. r., AVERY.

TIE ESENTENCES--1dE IhIdL O1 O1s'
E. p. AVERY. ....s
Conflicting Tosttmony-The Defence
Seeks to Establish an Alibi.
[FRoM oUR OWN REPoRTER.1
COLUMBIA, December 20. :.
at the opening of the United States Circuit
Court this morning, there were more sentences
pronounced, accompanied by further homilies
from Mr.. Justice Bond. Four of the prisoners
having intimated to the district attorney their
willingness to plead guilty, were, upon his
motion, arraigned for sentence and put
through a sort of examination by the pre-
presiding justice. The first, Henry c. War
lick. farmer, twenty-five years of
age, admitted having Joined the Ku.
Klux-Klan last spring, ndithaving been
on two raids. Mllus Carroll admitted hav-
ing gone on the raid, during which Jim
Williams, the negro militia captain, had been
killed. He had only been sworn IN at noon OF
that day and did not know the purpose OF the
had Joined q khan about the last OF February,
1871. and had ridden on the raid during which
Williams was killed. All of these prisoners
solemnly declared, however, that they had
had nothing to do with the killing of Williams;
had been in the road with the horses Of the
ralding party during the visit to Wllliamas
house, and had known nothing. about the kill
Ing until after 1t was committed. Josiah Mar
tin. another prisoner arraigned for sentence,
was mere boy, and gave his testimony IN
trembling voice and with evident truthfulness.
he appeared TO know very little about the or
garlzatlon, Its officers, or Its operations; but
be was visited with the same sentence as the
rest, each of the five being sentenced to
eighteen months imprisonment and fine OF
one hundred dollars.
MI. Samuel G.. Brown was next called up Tor
sentence and asked If, he had anything to say
In his own defence, he said that In addition
to the afldavts that he had submitted to the
court, he had very little TO say, but he desired
to make q further explanation In regard to
the constitution and bylaws of the organize
tIon that had been produceds In court. he
three years ago. certain paper which he was
told was the Ku.Klu1 constitution. He had
never read 1t, and, If the paper produced in
court was the same one, 1t might be that he
had put 1t away among his priTate papers, but
he had never seen or thought Of it since he
received 1t IN. 1868 or 1869. He was not pre-
pared to say that that was the same paper,
nor that IL was not, but bis impression was
that he had destroyed the original paper
long ago.
Judge Bond, addressing the DEFENDANT said
that he was man Of advanced age. OF In
fiuence in bis neIghborhood; and had held O
judicial position. He had, therefore, agreater
responsibility than the youths who had just
been sentenced, and who had doubtless look.
ed up to such men as himself for advice and
example. He announced the sentence OF the
court to be imprisonment tor five years and
fine OF one thousand dollars.
Judge Bond stated further that 1t had come
to the knowledge of the court that parties 10
York County had uttered threats of violence
against some of the Witnesses for the prose
cution, and that .slhe government proposed.
If they had tos. stay there all winter, to t1no
somebody who had made those threats and
bring them to punishment"
The prisoners under sentence were then re-
| moved from the court to the Rlchland County
| jail where they will remain until orders are
received from the Secretary OF the Interior as
| to their hnal disposition. In order to omit nc
possible detail of humiliation and insult, theI
were conducted through the streets In the
custody OF color5d men, and under guard O
United States soldiers with loaded and bay
,onetted guns. This is the invariable praetict
In hetreatment OF these defendants, and thi
suggests, en-. ..pdssant, avery pertinent quer,
that has been, repeatedly made by the citi
zens of Columbia, as to the right of th'
government to maintain this show of wa
| In the streets of this city. 1t Is argued tha
this county Ia not under martha! law, ant
that these prisoners are, or shoult
be, solely in the custody of the United State
marshal (Major Johnson,) who has certalnl.
| given suficient proofs OF bis efficiency as 81
officer to be trusted to execute .tne orders 9
| the court in producing them when needed
and who could, If assistance were necessary
employ any required number of special dep
utles. This service, have reason TO know, l
as dlstasteful to many Of the officers and mel
| of the United, States army as 1t is insulting t.
the prisoner5 and the city; and the practic
almost compels.the inference that 1t Is onl.
one of the.mallcious details of pre- arraDget
system of insult, menace, petiilogglng,. pack
| Witnesses that should cloak these so-callet
| judicial proceedings with lntamy.
fhe case of Dr.. Edward 7. Avery was thel
| called by Mr.. Corbin. The indictment agains
| DR.. Avery has four counts, charging him Will
conspirlng to prevent certain citizens iron
voting In October, 1872; conspirlng, on Marel
l, 1871, against Samuel Sturgts for hagin!
voted In October, 1870; eonspiring, on March
1871, against Samuel Sturgls to prevent hi
voting In October, 1879, and consplring, OF
April 81, 1871, to injure Samuel Sturgts 70
| hls support of A. 8. Wallace. In his candidac
| for Congress, in October, 1870.
. The empaneling Of q jury was then begun
and continued without any incident OF not
until the name of F. J. McMacken was called
i Colonel McMaster, OF counsel for defence
| asked the Juror If he had not once made tn
remark that he "would hang the last d.
Ku.Klu1 In the State" He replied that b
had not, whereupon Colonel McMaster rea!
to the court an affidavit made by Mr. John W
Duncan, to the effect that --McMaek1n nat
said In his presence that 'lt he were on tn
| Jury he would hang the last id ku-Klu1 II
the State" he, therefore. desired TO chal
lepge the Juror for cause, as 1t behooVed then
to husband their peremptory challenges.
| Mr.. Corbin argued that sufficient cause ha'
i not been shown. He understood the pr1S0ne
to plead that he was not Ku-Klu1, and II so
| the remark of the Juror did not apply to MIN
Col. McMaster replied that that was mos
cautious argument. Itrequred very little eVl
dence to find man a'Ku-Klux under thos
PROSECUTIONS. especially under the peculiar com
| position of the jurIes, with which, he believed
! the counsel for the government had had some
thing TO do, and he submitted that Juror VIII
1 so Violent o bias was not competent 20 u.
\ fairly the defendants case.
Judge Bond, however, oVerruled tne cnal
| leuge for cause, and the Juror was cnailenge'
peremptorlly. The defence expended the res
of their challenges on variety OF Jurors I'm
ported from Ohio and elsewhere, and most.
members of John Hubbard's precious constao
ulary, and the jury, as finally organizeo, con
sIsts of nine colored and three white men
| OF the white men, two are very intelligent an!
Il n pa