The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-26
THE KU-KLUX CASES..
ANOTHER DAY OF IH4CTTOS IN THE
COURT.

ANOTHER DAY OF IHACETOS IN THE
COURT.
Postponement Of Three Murder Cases
ON Account Of the Absence OF Wit
nesses.
The United States Court assembled promptly
. at ten O'Clock yesterday morning, Judges Bond
and Bryan presiding, and District Attorney Cor.
bin, Assistant District Attorney Earle and Brevet
Lieutenant Colonel Merrill app airing for the gov
eminent. -
The district attorney announced that they were
ready for trial in the cases OF Thomas Gallman, 0!
Union, and william Owens and Thomas thinner
man, OF Spartenburg, but that the defendants
were without counsel, and unable to employ coun-
sci. He, therefore, asked that counsel might be
assigned to their defence, and the court promised
that It should be done.
william II. Fulton, OF York County, was arraign-
cd upon q charge Of general conspiracy, in March,
1871, against the Enforcement act OF May 80. 1870,
and pleaded guilty.
MI. Corbin then stated that he had been In
formed that United States prisoners confined In
Columbia were allowed to go at large around the
streets. Mr.. Earle, his assistant, had Informed
him that he had seen one OF them at large In the
Statehouse. and that even some Of the prisoners
who had been convicted and were serving out
their terms Of sentence were allowed to 60 at
liberty, and he had heard similar reports before.
The jail in Columbia belonged TO the state and
was under the control OF the sheriff OF Richland
Comfy, who was not an officer OF that court;
therefore the district attorney suggested that the
United States prisoners be removed from that
fail and put somewhere where they would be
kept in confinement. It was absolutely certain
that the sheriff Of that county was no lopgert to De
trusted, and they could only hope for redress by
reporting his conduct to the solicitor OF that Cir.
emit In the hope that he would zee thst the
sheriff was prosecuted for violation Of the laws OF
the State.
Mr.. corhin then called the case Of Robert Rig.
gins, OF York County, indicted for conspiracy and
murder.
Colonel Hamilton, appearing for the defendant,
said that the United States marshal had informed
him that no returns had been made to the subpe.
mas issued by order of the court fo: the witnesses
for the defence. They did no: know whether the
subpe7as had ever been served, and he, there.
fore, moved for q short continuation OF the case.
Mr.. Corbin. The case was set down eremptorily
1OF Lfl8l 10 Q8y, 6uQ-bu0 CVuno0A "
they must be ready.
Colonel Hamilton. The defaults hot with the
defendants: 1t Is on the part OF an onicer OF the
court, and the defendant has had no opportunity
to bring his Witnesses. We do not even know
that the subpenas have .evesa been served al
thought 1t was the solemn duty Of the marshal or
his deputy to serve them.
Mr.. Corbin charged that there had been great
negligence on the part Of the counsel twas MIS-
business to see that the marshal gos the shbpa.
mas in tim to lend oEby the next train, and to
direct the marshal where to ind the witnesses,
but it did not appear to have done anything OF
the kind. .tk.
Colonel Hamilton stated that the diststct.attos;
ney surely could not have meant TO charge negl-
,Senoe, on his part, ashe was not the sttorneyfor
the defendant at the time the order to send for
the witnesses waspbtained from the court
Judge Bond. 1t was the clerks business to
send the subrenas to the marshal. The de.
PENDANT had nothing TO do with that.
Nj. Coroia. That has never bee the CUSTOM
or thu practice in this court It IL q new thing II
the attorney, after simply getting the order forthe
Witnesses, Isl to put his hands In his pocEets and
do nothing, leaving the marshal to hunt up the
Judge Bond. It was not the fault Of the coun.
sci. Tie defendant appeared Here without coun.
sci, aud some gentleman present, Colonel u
tar I think, kindly offered to serve him, and OBJ.
tanned the order nom the court. We cannot
press the case to trial In the absence OF Important
witnesses.
Mr.. Corblns We have fifteen or twenty Wit.
nesses here awaiting the trial Of this case, and
bova had for two or three weeks.
Juage Bond. I hope you don't think thai the
United States would do an Injustice to the De
fendant In order to save that expenseH
NJ. Corbin. I think It would be impossible 70
do any Injustice to the defendant In this case.
Msjof Butts on behalf or the marshal, replied
to an inquiry Of the court, that the subpdaas had
been sent to York County, but they could MOI
reach there until that Crhursday) afternoon.
Mr.. Ccrbin asked the counsel what they ex'
pectsd to prove BY the witnesses, and the aflda
Wit, upon which she'order for the witnesses wa
obtained, was read II was by the defendant
=and to the eject that the Witnesses he desired
were John, B. Fudge, John ]. Long and c. J. Frye,
all OF whom reside in York County, aud by whom
he expected to prove that there was great alarm
and trepidation ip York County on account ol
the State militia, who had committed great depre
-Q3IlOQH III buC CuuutJy oau WV e"S
sion OF q wa- between the races, and that jim
Williams was q dangerous man, who threatened
to destroy the whites. The deponent furthel
.swore that he was very much alarmed on account
OF the militia for his own safety and the safety o
his family, and that he expects to prove By. these
!. witnesses that this alarm and apprehension ex
tended to the whole community.
Nj. Earle said that they could not admit these
statements, but II they could they would have nc
erect upon the case. The defendant was chargee
with murder, and that condition. Of things was
no justification for the murder OF jim williams.
Judge Bond. The defendant is not charged
with murder. BE Is charged With a conspiracy
in pursuance Of the objects OF which g murder
was committed. You allege that the conspiracy
was formed with q certain definite object, and
their purpose is to show that the deceased was
not killed In pursuance Of that object.
Judge Bryan. II you admit that afddavit Il
will entirely take away the case Of the United
States. 49,
Mr.. Coroin. we do not propose to admit 1t.
Colonel Hamilton stated that there was no pos
sIbllity Of their witnesses being present until Sun
day morning. The subpenas had not yet arrived
In York. The next train from there would be OF
~~k ~narf