The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-24
ANOTHER MIS- TRIAL.
DISAGREEMENT OF THE JURY IN
THE ROGER CASE.

OIS.1 CIV We
THE ROGER C1SE.
The Testimony for N Defence-EIo.
auent Addresses by Major BUST and
colonel nc Master-A Fair and Inn
partial Charge by Judge Bond.
The United States Circuit Court assembled
promptly at zen o'clock yesterday morning,
Judges Bond and Bryan presiding, and hessrs.
Ccrbin and Earle representing the government
and proceeded with the trial Of Mr.. Jonu Rogers,
OF Union County, charged with conspiracy. MAJ r
e. Lamb Buist and Colonel F. W. McMaster ap'
reariog for the defendant.
The testimony for the prosecution was con.
tInued, and Columbus Davis, white. was the nrst
witness c. lied. He testified that he was q Ku-
Klux and had Joined Gideon Longs Klan after
the nrst and before the second raid on Union
Jail. The only new point brought out BY bis testt-
mony was that the second raid on Union Jail was
pla med for a certain Tuesday night, but was
harsened to Sunday night because 1t was stated
that the prisoners were to be removed to Colum-
bia on Monday morning, and the witnes, supposed
they wanted to prevent their removal to Column
DIl WlLuSSS' was uob pisoChs oV wi
raids upon the jail.
On Cross examination the witness testified that
he understood the raid on the Jail was for the
purpose Of retallating upon the prisoners for the
murder OF Matthew Stevens, who had been Killed
by tie prisoners on the read about four miles
# IN town and near witness house. This EVIL.
-dence was obi .cted to by the district attorney
as being what the witness had heard anu not
what he knew. Colonel McMaster replied that he
had heard these from members OF the
klans, and If declarations OF the Ku Klux could
he taken as evidence on one side they surely
should be taken on the other side. he then ASH
Led what did tue Ku. Klux say as their object IN
making the raid ~ This was also objected to aud
ruled out, but In reply to 8 somewhat similar
question in another form the witness said the
prisoners in the jail had murdered Stevens, and
the rail- was to punish them for that. witness
had never been arrested. Gave himself up last
month and confessed, and was then released on
his own bond,
This closed the testimony for the prosecution
and the defence called as their frsS witness DIT.
3. Bolmann, OF this city. Nh. Bollmsnn testified
that he had been q merchant In this city since
1874. Had known the defendant for some years,
and had known him intimately since the war.
Was his bond5man for ten thousand dollars, and
had given the bond willingly and eheerfully. The
defeadan,'s cha acter was about as good as could
be found anywhere. Had generally heard that he
was considered q model OF q man. On cross'ex.
amina ion MI. Bollmann stated that he had been
.oncSh Union since the war, and had q large bust.
ness with Union men.
Mr.. William Shepherd was the next witness
called for the defence. he testified that he was q
merchant in this city, knew the defendant, Mr..
Roger, very well, and had often been In Union.
Mr.: Rogers general reputation was entirely
good for law, order and peace. Had never, to his
knowledge, had any connection with the Ku-
Klux. Had conversed with Mr. Roger about Ku.
KluxIsm Knew him intimately, and knew q
great many who knew him. His reputation was
entirely good as a coed citizen. On cross exami-
nation the witness said he had never been In
Union since the war. Had conversed- with Mr.
Rogers ne'ghbors, but not 10 Union.
Mr.. @. T. Durham testified that he lived In
Charleston, but was q native Of Massachusetts
Knew the defendant's reputation, which was IN.
-exceptionable. he had never been in Union, but
had talked with q great many Of Mr.. Rogers
neighbors. Did a large business with people In
his neighborhood. Had always heard everything
that was good about him, never heard any thing
bad. Had talked about him a good deal lately
because he had been arrested. Would trust him
In trade to any amount.
Mr.. ]. P. McKissick was next called for the
defence. III said he lived near Onion Village.
Vas born and raia4d near there. Had been very
well acquainted with Mr.. Roger for over twenty
years. Knew his general character, and had
never heard anything against HIM. Never heard
OF his being suspected OF Ku-kluxism until he
was arrested nve or six months ago. Witness
was not at the meeting at Masonic Hall. Was In
vited, but did not get there until the meettag
was IoTer. Two county commissioners had re.
signed, and Governor Scott had ordered a special
election. Had no idea 1t was . Ku.Klux meeting.
Had never heard that said until he had heard 1t
on the stand the day before. witness
owned the house adjo.ning Mr.. Rog.
er's store. Rented It " Xessrs. FAINT q
Johnson, who kept a restaurant and bar there.
The basement room was used for cooking and as
an eating TooEa. Had heard there was card
playing there sometimes. 1t was q very public
place. On cr-oss-examinstiou Mr.. McKissicS said
be he'd never heard Of any Ku Klux meetings
being held there. Had been arrested for con-
spiracy and was out on ball. Had told the hands
on his pace that II they were afraid OF the Ku.
Klux they could come and sleep in his house.
Had never heard q hint OF Mr.. Roger belonging
to the order. Did not know what proportion OF
men in his county belonged to It. Had heard
most OF what he had heard about the order slnce
he had been in court. Heard the crowd pass his
house going to the second raid on Uaion jail. Had
been asleep and was awakened by the noise. IT
was q terribly stormy night, and, looking out OF
the window, he could zee the party by the fash
OF the lightning. They made a tremendous
noise, and could have been heard two miles.
Gould not sleep again that night. The Ku.Klux
had come to his place at different times. Once
they came while the hands on the place were
having q quilting frollc, and they came in and
danced with them. Sometimes drunken fellows
would pass along the road, making q good deal
OF noise, and the hands thought they were Ku-
Klux.. Witness did not know who had had him
arrested. Knew WIN. F. Williams very well. His
general character was not good, and he was not
liked by his neignbors.
The defence next called Mr. Richard Q. Johnson
He testified that h. kept q restaurant and bar
room in the house described by Williams as the
place where the chiefs had a meeting. The base
ment was used az q sporting place and eating
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