The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-16

i uQQ6f OuCebs, duu WuLC ~ "~S 49,
the clutches of the military.
Colonel Merrill then related the circumstan-
ces of three interviews he had had with the
defendant. He had admitted that he had
been on the raid, but denied that ne was
present at the whipping. Witness told him he
didn't believe he was telling the whole truth,
and that he didn't want to hear one-half OF
the truth. Also told him that he was one OF
those men who had been used as tools by the
influential men of that section, and that he
was a fool for holding the bag Tor those other
men. Had also emphatically advised him last
Friday to plead guilty, and had told him again
that morning that he was foolish to make a
fight.
This closed the testimony for the prosecu-
ton, and the defence having no witnesses to
examine, arecess was taken until 7.30 P. n.
EVENING SESSION.
The court reassembled at about 7.45 P. NJ,
and Colonel Hamilton, on behalf Of the de-
fence, began his address to the jury. He re-
minded them that theirs was a most delicate
duty; the offences charged were of q class that
had never before been made the subject oil
Congressional legislation. They involved
questions of political partlsanship, and the
feuds of party had always engendered the bit
terest animositles; and in view Of this they
should be careful to give the prisoner every
benefit of doubt. 1t was necessary Tor the
government to fully prove It's case, and to
leave nothing to conjecture, but they had not
proven some very material facts. They had
failed to prove that the persons injured were
above twenty-one years of age; that they were
| entitled to vote either in 1870 or 1872, and that
there had been any attempt TO prevent them
from voting for Mr.. Wallace. Without each
| of these things being proven the jury could
not find q verdict oil guilty. The man who had
been attacked appeared to be above twenty
| one years of age, but there were many things
that might have disqualified him from being a
| voter, and they had not proved the absence OF
those dIsqualifcations. The government start
ed out by putting up certain men to show
what the Ku-Klux organization was; but that
kind of witnesses were liable to the serious
objection that they were consplrators-accon.
plIces. They came In a very questionable and
Objectionable light. He asked them to con-
slider well the testimony of Berry. He had
had some experience Of courts and wit
nesses, and II the horrible particularly
ofthat mans description of all those scenes of
murder did not show that he was present,
then be would give up all that he had learned
In law. If the existence of the Ku-Klux or
~ ay,,ftnn danandoA on tho fQatfmnnP nf dNnh
witnesses as those, no honest man could say
whether 1t existed or not. They came to the
witness stand with the rope about their necks
and asked to be believed, but they knew that
human nature Ia but weak, and that Q man In
that condition would testify to anything. 1t
was necessary for the government to prove
that the object Of the conspiracy was to pre-
vent and hinder certain citizens of African
descent from voting, and II this were not
proved, the government must fall. The oc-
currence testified to by Wilson would seem to
have been a case of aggravated assault and
battery, but with that offence this court had
nothing to do. That was a crime to be tried
BY the courts of York County, and the govern
ment had failed most signalIy to prove any
thing else. Dick Wilson had told his story
glibly. and had evidently by that time got 1t
by heart. No doubt he had told it over 90
many times that he believed it himself, but
unfortunately for the government, that evil
dence was all knocked In the head BY another
witness for the government. Mr.. Lyttle, their
last civilian witHesp, had sworn point blank
that Lowery did not go near the house.
Dick Wilson had sworn that he did, and
that he recognized him By the scar on
his hand. His testimony was thus shown to
be false In part, and for this reason the jury
could not believe a word of it. The govern
ment had shown no connection between the
defendant and the organization mentioned by
Davis, Berry and Gunthorpe. 1t did not fol-
low because a party had gone out on the night
In question to visit those colored people that
they belonged to the organization which those
people swore was for political purposes. The
| Jury could very we'll understand how a party
OF eight or ten men should have gone out that
night to gather up arms in the then disordered
condition of the country, and just after a raid
by the colored men. In the case of the de-
IeQQAQG lucES udu U0Cn Nv SaokSS eh1o uS "SS
In disguise, and there had been no proof Of his
intention in going with this party OF whipping
or otherwise intimidating the colored people,
and he felt for all these reasons the defendant
was entitled to q verdict OF not guilty.
Mr.. Corbin followed for the prosecution. He
| claimed that there was nc essential disagree
ment between the witnesses. That Lowery
might nave been left with the horses when
the party first went to the house, and might
have Joined them afterward, and that, wheth-
er he was actually present at the whipping or
not, he was guilty of the acts Of the party,
because, If holding the horses, he was relieV-
ing one other man, and enabling him to be
present and do his share OF the actual whip
ping. In any case, 1t was not essential to
prove that he actually assisted In carrying out
the conspiracy. The conspiracy consisted In
the agreement to do the thing, and this agree
ment on the part of the defendant he claimed
| to have been fully established.
Judge Bond then briefly charged the jury.
| He said that the law of conspiracy was simple.
| A conspiracy was an agreement to do q lawful
| thing by unlawful means, or to do an unlawful
thing by lawful means. If a person goes into
an Organization having for It's object the in
| tlmidation of voters, he becomes thereby
.,u+r 30 n oonooiron ~ for that nurnnsn Thprn