Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1872-12-05

Amos Alsbrook, c; Washington Ash, c; Ev.
erett Cain, Excused J Sancho P. Davis, c;
VIM. L., Dennis, "; Nelson Davies, Excused,
being member of the Legislature } John E.
Fitzsimmons, c; VIM. R. H. Hampton, C;
Allen Hudson, c; Virgil johnson, c; james
Just, G; Edward Marshall, c; George Mittag,
c; VIM. McKenna, &C. Lewis Redfern, ci
Thomas F. Riddle, w.; Addison Walker, c;
Henry Wilson, c; Lawrence E. Walker, c
j. H. Hendrix, W; J. G. Marks, W.
There not being sufficient number of ju'
rors present. an order was issued summoning
eighteen more.
The court was then adjourned until 10 A.
NJ, on Wednesday.
WEDNESDAY, November 81, 1872.
The Court met at II o'clock, A. NJ, Judge
Bryan presiding. The grand jury submitted
the following report:
w. G. Whitesides and eight others-con.
spiracy ; true bill as to all the defendants, ex.
cepting Dudley Jones. VIM. W. Neil and
VIM. Leet-conspiracy and murder. Ter
rance Zimmerman, George Street and others
conspiracy.
The following petit jurors were sworn:
No. la. NJ. Mackey, Foreman; J. H.
Hendrix, Charles Holmes, Allen Hudson,
Burgil Johnston, James Just, Geo. P. Kirk
land, J. II. Lawless, Geo. Lever, Edward
Marshall, j. S. Marks, William McKenna.
No. 2.-Wilson Cook, Foreman; Wash
Ash, George Mittag, Javan Barnett, Jacob
N. Boozer, Sancho P. Davis, W. L. Davis, J.
G. Fitzsimmons, Lawrence Ferguson, l.. B.
Grant, W.R. H. Hampton, Amos Alsobrook.
SUPERNuMERAR1Es-George Mittag, T.
Sill, J. w. Mead, VIM. Simons, Lewis Rid:
die, Addison Walker, Thos. S. Riddle, Geo.
Witherspoon, D. G. Robertson, S. E. Walker.
Er parte j. Rufus Bratton-indictment for
conspiracy and murder. On motion of Jas.
H. Rion, attorney for prisoner, and with the
consent of the United States District Attor-
ney, it was ordered, that the bond heretofore
given by the defendant and others as his sure.
ties, conditioned for the appearance of the
defendant to answer to the above stated in.
dictment, be annulled and Cancelled this 9th
day of November, 1872. A copy of the above
order was ordered to be served on the British
Minister at Washington. ., >
The case of Claiborne Hopper, indicted for
conspiracy, against Tom Roundtree, was call.
ed, and the following jurors selected to try the
case, after many challenges on either side
Trezevant Sill, foreman Columbia David
G.. Robertson, Columbia; J. H. Hendrix,
Bishopville; George Witherspoon, (colored, }
YorkVille j. Fl. Lawless, Laurens; Virgil
johnson, (colored,) Camden; Wilson Cook,
Greenville Javan Barnett, Columbia; Jacob
N. Boozer, Columbia George P. Kirkland,
Walhalla Amos Alsobrook, (colored,) Lam
caster; George Lever, Columbia.
The defendant is represented by Messrs. W.
I. Clawson and j. S. R. Thomson. D.. T..
Corbin for the prosecution, who occupied the
attention of the Court up to the hour Of ad-
journment. ....
The grand jury were discharged until Fri
day, at 10 A. M.
The Court then adjourned until Friday
morning, at 10 o'clock.
FRIDAY, November %, 1872.
The Court re-assembled at 10 clock, Judge
Bryan presiding:
The respective jurors having answered to
their names, the District Attorney desired the
Judge to further define the crime of conspira-
cy, and what constitutes it; more particularly
as to what relation the declaration of one
conspirator shall have towards others engaged
in the same conspiracy; and, also as to what
bearing or connection the conspiracy had
with the right of suffrage. Also, that the
grand jury should be further instructed rela'
tive to crimes under the enforcement act.
The case of the United States versus Clai-
borne Hopper, for conspiracy and murder,
was resumed, the murder counts being omitted.
This case is of the same tenor as those tried
a year ago, the defendant being one Of the
persons named in the bill of Indictment, in
the Tom Roundtree murder. Witnesses were
put upon the stand to prove the good charac-
ter of Roundtree; that he was colored man,
and leading Republican in the northwestern
portion of York county, and that for this he
was prosecuted and murdered by members of
a conspiracy, of which the defendant was one.
Only two witnesses were called by the govern
ment yesterday, viz: Senator White and Mr.:
Hammond, of York, after which the govern
ment closed their testimony.
Considerable discussion followed btween Mr..
Thompson, counsel for defense, and the Dis
trict Attorney, regarding the form of proce-
dure, as counsel for defense intimated that he
might not desire to put any witness upon the
stand. The Jud ge, after somewhat lengthy
review, decided that the same rules governing
State Courts should govern in the present case:
Mr.. Corbin then argued the case before the
jury, that one of the purposes Of the ku.klux
was to hinder colored citizens in their right to
vote, and that Hopper was a member of the
conspiracy. Some little good.natured sparring
occurred between counsel during the argu-
ment, arising from a statement made by the
District Attorney to the effect that it was a
tacit acknowledgment Of guilt on the part of
defendant, because he did not take the stand.
Mr.. J. S. R. Thompson followed for the de.
fense.
Judge Bryan made a thorough charge to
the jury, and they retired to their room, re-
turning after about two hours absence, YER
dict Of not guilty.
The Judge gave notice to the Bar that he
would devote tomorrow to the hearing OF
civil cases.
John G. Gaffhey, conspiracy, &C., against
Thomas Roundtree A scire taeias was issued
on the bail bond, returnable on the 18th of
December next.
j. T. Walker alias Jerry Walker, conspir-
acy. Continued by consent.
The petit jurors were discharged until Mon
day, at 10 o'clock A. NJ.
The Court, at o'clock, adjourned to II
o'clock A. NJ. on Saturday.
SATURDAY, November 80.
The session of the Court to-day was entire
ly occupied with civil business. Early in
the day the Court adjourned until Monday
in respect to the memory of Horace Greeley.