The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-03-29

suited In this county and IN Franklin, proD-
ably by Gen. Jubal A. Early. However,
jury, composed partly of the bondsmen Of
the persons indicted as ku-Klux, partly of
bitter Democrats, who are and have been
open in their expressions of sympathy for
the X. KS, together with one or two weak
kneed Republicans, was empanelled..,
Then came the evidence, but will not
attempt to give even synopsis OF 1t. 1t
is sufficient to say that it was proved that
white and colored Republicans of both
sexes, were lashed, stoned, and otherwise
brutally beaten. In one instance party
of six men in the disguise of the Klan took
a white woman from her bed in the dead
hour of night, tore the clothes from her
back. and while thus in state OF nudity
inflicted upon her sixty lashes, and the
only excuse for this, was that she had dared
to teach "a Niger school," After the eX-
animation of the witnesses had peen con
cluded. Mr.. Jno, S. Slater, assistant DIS
trict Attorney. opened the case. lie con-
tended that the gist of the offence was the
| fact that the prisoner had consplred with
others to deprive certain classes oil tiieir
| lives, liberties, &c.
He said that although no act was proved
| to have been committed after the llth oay Oh
April. 1871. (the date of the ku-klux act
vet as much as the existence OF the hlan
was proved, as late as the last OF Fepruary,
| 1871. and as their object was unlawful,
that therefore, the prisoner was bound to
show that he had dissolved his connection
with the Klan, or that the order had been
| dissolved, otherwise it was presumption
| of the law that the Klan existed after
April, 1871, and that they were bound to
find verdict against the prisoner.
The counsel for the defense followed Mr..
| s.. consuming much time with loud talk
| ing. with appeals to the prejudice OF the
| iury. and with demagoguical illusions, in
tended for the Ku-lilux sympathlzers who
crowded the courtroom.
The District Attorney closed the argu-
ment for the prosecution in speech OF
about two hours length. This speech was
strange compound. He began in strain
which sounded to some as if it were an
apology to the jury, bar, and pubic Tor
having instituted the prosecution at all.
| He then defended Congress for passing the
Ku-Klux act, and showed concluslvely that
the representatives of the people would
have been untrue to their constituents, and
to the oath which they took to support the
constitution, had they refused to try to
protect the life and liberty Of the citizens.
Then. in the next breath, he said that if
nothing more should be done iii this case
than had already been done, that, neyerthe-
less. his object would have been attained !;
or in other words he virtually said to the
iury that he had attained his object by hay
ING the Ku-Klux indicted, and therefore it
was no use to convict them.
|. After the argument was concluded, the
Judge instructed the jury as to the law
which was applicable to the case.
| lie began by saying that he might sum
I'M the evidence were it not for the fact that
he was sure the able and exhaustive lex
hausting think would have been the better
word in this instance) arguments OF the
counsel on both sides had fully impressed
the facts upon the minds of the jurymen.
He said. However, that he must take issue
with the counsel, or the defence upon one
point. and that was when they asserted
that the Jury were the sole judges of the
: law as well as the facts. He then went on
} to say that the facts were peculiarly within
the province of the jury, and the law pecu-
liarly within the province of the court.
He then went ON in clear and forcible
charge to show them what was conspiracy
and particularly as to what was q
continuing conspiracy, and what was
| the law regarding continuing con
spiracy-that the law, in the ab'
sence of any proof that the con-
spiracy had been dissolved, would pre-
sumo its continuance until the objects fol
which it had been formed had been accom-
plished. He therefore instructed then
!. that if they believed that this conspiracy
! sx;sted in fhe latter part of 1870, and thu
i first part of 1871, and that its objects hat
: not been attained before April, 1871, tina
1 then they were bound, in the absence 0
: any proof of it's dissolution,s ito presume
i that il did exist after April, 1871. Aite
: this able charge the jury retired, and in
i few minutes returned, with q verdict
o "not guilty." When the verdict was an
nounced-to the shame of Plttsylvanii
county be it said--it was, received witt
: great applause by the assembled crowd
7 which, however, was promptly silence'
e by the court. venture to say, how
j. ever, without fear Of contradiction
that DR.. James is by far a more popula
man with his party than he would hav
been had he never committed the crime
:, which have been proved on him. lie nov
Il seems to be regarded as sort Of hero
lie who has suffered from Radical persecution
e- So ends the Ku-Klux trial. ANON.