The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-01-03

facts OF the case, and showed, in con.
vincing manner, tnat inc 1TiPpioj CON-
dition Of DR.. Avery's hand and arm
rendered it physically impossible that he
should have committed those acts upon
which his identity solely depended,
whereby the jury could not, ss intelli-
gent men. fail to acquit him, even
though they had not the positive and in
disputable testimony of the several wit
nesses who had shown that, upon the
night OF the outrage upon Sam. Sturgis
and Isaao the Apostle. DR., Avery was at
his own home, miles away.
Col. MoMaster was followed by Col.
". b. Wilson. He admitted that there
had been proof to chow that DR.. Avery
had been member Of certain organi.
cation formed for self-protection, in
1868, but denied its identity or oonneo.
so-called, of 1870 and 1871. At least.
there had been not particle of proof to
that effect. A number OF witnesses had
been plaoedlupon the stand, who openly
acknowledged their membership in the
association OF 1868. Ithad no oonstitu-
tion such as is read here, as being the
constitution of the Ku Kiux Klan-no
turk, no monarch, no night hawks-no.
thing, In fact, In common, except that it
was secret organization and the Nom.
bers were bound by an oath not TO di-
vulge it's proceedings. The speaker then
turned to the evidence adduced to con-
nect DR.. Avery with the special conspi.
racy against Samuel Sturgis, and in his
peculiarly acute, searching and exhaust
i've manner, comparing the testimony of
the witnesses for the prosecution, one
With the other, and pointing out their
glaring confiiotionB. showed them utterly
inadequate to found verdict OF guilty
upon.
Mr.. Corbin followed for the proseou-
ton. He dwelt at some length, in the
opening OF his speech, upon the flight
OF the prisoner as being indicative Of q
consciousness OF guilt. Then, review
ing the testimony in regard to the OBJ
leots and operations OF the organization
in 1868, he claimed that, by the declara-
tions of Guntharpe and others as to it's
political designs, and the details of the
raid on Ferris, as given by Ferrell, the
going at night in disguise, and the evil
dent intention to kill Ferris in his bed,
all go to provo that tho klan OF 1868 was
one aud the same in its objects, inten-
tions and plan OF operations as the hell
lsh conspiracy that murdered Roundtree.
0AoJ NoooS Au0cfbOu DIUWu, Jim
Williams, and numerous other colored
people, in 1871. The speaker reverted
to the special testimony in the case, and.
viewing and presenting it in light ia
vorable to the prosecution, demanded,
with confidence, verdict of guilty.
Judge Bond said to the jury that, in
asmuch as they had heard his chargus in
previous cases, he did not deem it neces-
sary to instruct them any further now.
After an absence Of about half an hour.
the jury returned and rendered q verdict
OF guilty.
Alfred Burke and James Scruees were
arraigned, and plead guilty to o charge
of illicit distillipg.
The following named prisoners ap-
peared and plead guilty under the Ku
Klux Act: First, Gibeon Cantrell. who
said be lived in Spartanburg County;
was sixty six years of age, and had be-
longed to Horse Creek khan, but was
never on any raid. and had Joined for
protection. jesse Tate, Christenbury
Tate, David Collins, Billy Scruees.
Judge Edwards. King Edwards and
Sherwood Blackwell, were membere, and
Alfred Harris was chief.
Next, Turner Phillips, Lewis Sally and
W. s. Blackwell. The last three stated
that they had been forced into the khan
against their wishes.
The court directed the marshal to
bring the prisoners up tomorrow, to be
sentenced, and adjourned till Tomorrow,
at IL A. Nj.