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

cember 30, Judges Bond and Bryan,
presiding.
The court met again at z, aud resumed
the business before it.
Louisa Chambers, colored, witness
for the defence, testified: / am nurse
OF DIR. Avery's. Upon the night OF this
raid upon Postlo and Sam. Sturges was
in DR.. Avery's house; usually sleep in
the room opposite his door, q piece from
the house; but that night was in the
house. The baby was sick with teeth
ing, and slept right in DR.. Avery's
room; he remained at home the whole
night.
Kizzy Avery, oolored. witness for the
defence. testified as follows: I am cook
at DR.. Avery's. sleep in my room,
about ten steps from the white folks
door. can see from my room right
into DR.. Avery's. I heard OF the whir-
ping OF Postle and Sturges on Saturday
morning, the next day after it happened.
That was in March DR.. Avery can't 90
out any time but what know it; I didn't
hear him moving about that night at all
after he went to bed. I was present at
the interview between Mrs Avery and
Postle. He said that he didn't prosecute
DR.. Avery, and couldn't say it was DR..
Avery. He made no threats.
Cross-examination by Mr.. Corbin-I
first begin to talk about this being on
Friday night after DIR. Avery was put
in Jail, talked with Mrs. Avery and
told her I remembered it was Friday
night. Mr.. Avery said to Postle if he
committed perjury he would have to go
TO the penitent.ary for twenty years. pro-
viding it DR.. Avery went; If he said
Massa Edward was the one that whipped
him, and Massa Ed. had to go to the
penitentiary, he would have to go too.
DR.. Talley, q witness for the defence,
testified
Examination by Mr.. McMaster-I ex-
amiped DIR. Avery's wound to-day. by
request; traces OF the wound are still
apparent in the arm-pit. The extensor
muscles OF the forearm are paralyzed
completely, SO as to deprive him of the
power OF moving the fingers; the arm is
entirely useless; raising the arm up is
very much impaired; he has more power
over the arm than over the fore arm: he
could raise the arm to horizontal posi-
tion; he could not extend it to any
height.
a. tho zciuess &C Mr. Wilecn. the nri-
soner exhibited his hand to the Jury.
Cross-examination by Mr.. Corbin-
The position of the hand is permanent,
whether the arm is raised up or hangs by
the side, the hand remains fixture.
Il. P. Mayrant, witness for the de-
fence. testified.
Direct examination by Mr.. Wilson,
was Constable ut Rock Hill in 1868;
there was no crowding of the polls there;
DR.. Avery was there while in the morn
ing and went away; was member of
the constabulary force.
Cross-examination by Mr.. Corbin-I
didn't see him challenge anybody, but
don't know.
FRANKLIN d. Brown, O witness for the
defence, testified as follows:
Direct examination by Mr.. Wilson
In the fall of 1868 I was solicited to
meet to organize for sslf-protection, and
concluded to go; they said it was
simply for self-defence, and if 1 con-
oluded to go into it, I must be inflated;
80 took on oath, prescribed by DIR.
Avery. We broke up at once after I
was Initiated; never hoard of meet
ing after that.
Cross-examination by Mr.. Corbin-
The process of initiating was handker-
chief thrown over my face; I don't know
much more about il. I think swore
not to reveal the secrets of the order,
under the penalty of death, death,
death. saw one man disguised. The
meeting was held in an old pine field,
about fifty yards from the road, in the
night.
Frank Caruthers, q witness for the de-
fence, testified as follows: I Joined an
organization for home projection in
1868; Iredell Jones was chairman of the
meeting when joined; Robert Alston, a
clergyman, was sworn in at the same
time; I don't know what became of the
organization; never heard of any meet
ings.
John A. Mccullough, witness for the
defence, testified: joined q society for
home protection in 1868; there was
nothing said in it about interfering with
tho colored people, nor intimidating
them; there was some secrecy in it: I
was blind.folded and took an oath. Rev.
Robert Alston joined at the same time.
There wae come secrecy about the thing.
At II O'Clock P. H., the court ad-
journed until II o'clock, Monday morn
ing.
MONDAY MORNING, January l, 1872
The court met at IL A. NJ, Judges Bond
and Bryan on the Bench.
a witness for the prosecution, G. H.
Bankhead, testified that ho saw Louisa
Chambers. witness for tho defence, in
close consultation with DR.. Avery in the
State House building, Saturday evening,
befor the court met. but did not hear the
conversation.
Governor Ferreli was then called and
sworn. He said: attended the election
at Rock Hill in 1868. Tho polls were
crowded by DR.. Avery, Mr.. Iredell
Jones and Mr.. John Rattaree, and u num-
Der OF colored people woro prevented
from voting.
Major Merrill was next put upon the
stand. He said: I am an officer of the
United States army, and have been on
duty at Yorkville since tho Goth of March
last. had q conversation with Rev. r.
-. Cooper with regard to the intimida-