The daily gazette., 1876-08-15
THE HAMBURG CASES.

REARING BEFORE JUDGE MAHER-ALIBIs
PROVED IN THE CASE IN WHICH MURDER
WAS CHARGED.
SPECIAL Dispatch to the Charleston News and
Courier.
AIKEN, S. c., Aug. 10.
The application for bail in behalf of
the parties accused Of completely in the
Hamburg riot was heard BY Judge Maher
to-day at chambers. Early this morning
fifty five OF the sixty-one Carolinians
charged assembled at Granitev;lle and
surrendered to Sheriff Jordan, who
awaited them there, and the long caval-
cade, all mounted, then marched into
Aiken, attended by a large number Of
their friends. Upon reaching the Ly-
ceum, where the court was to sit, the roll
was called, and the prisoners assembled
in the hall. The counsel for the accused,
when the court had convened, submitted
over one hundred and thirty afidavits Of
prominent and substantial gentlemen,
showing that the shooting was COM
menced by the negroes from the building
where they were barricaded, and that
young Merriwether was killed before
single shot was fred by the whites; that
the negroes for days previous. had throwH
out threats OF determination to force
fight upon the whites that ammunition
and cannon had been ordered by the
negroes and stored in their armory. sew
eral days before the collision that At
taway, Adams and others had freely and
publicly declared their intention Of Kill
ling out the whites in their section be-
fore the election; that on the day that
Messrs. Getzen and Butler were stopped
by the militia company the negroes
marched up to the horses head, ct the
place where only hal fof the road was
available, spread themselves out ten feet
apart and beat their drums beneath the
horses head, cursing and defying these
tempt was made to get:through the ranks
the negroes titled ..up the gap with their
bayonets and refused q passage, keeping
the buggy standing fifteen minutes, un-
til rain came, and then let them pass.
On the day Of the riot the negroes So id
they would die before they weuld give
up their arms, and dared the whites to
attack them, saying they We're prepared
| and ready to meet them. A larger num-
ber of afadavits show that not a single
man charged with murder was present
ally proving alibis in cases of Gen. But
Ter, W. J. Butler, Harrison Butler, Thos.
Butler, Henry Getzen, Thos. Oliver, John
Oliver and John Lamar. The af6davlts
cover many Thousand words, and are all
properly sworn to. Their reading ::occu-
pied the court until 4.30 P. NJ, whom the
coun sci for applicants closed the evi-
| dence, .reserving the right to submit
general afidavits denying in toto any
| completely in the murder Of any Of the
men charged. Attorney General Stone,
| who represented the State, then sub
mitted testimony taken at the coroner's
ly dark. Gen. Butler then made state
ment, pronouncing the affidavits read by
the Attorney General respecting himself
and those intimately connected with
him as utterly, unequivocaly and un-
| qualitiedly false, pronouncing the state
ments of Gardiner, Robinson, Spencer
and Frier as malicious perjury, secured
only for political documents. Judge
Maher then stated that unless counsel
were particularly desirous of entering
INTO argument, his judgement was viz
argument and the judge decided that the
Judge decided that the prisoners were
entitled to bail, and the matter Of
amount of bail was submitted to counsel
for discussion. The Attorney General
wanted from five to ten thousand dollars
| a piece, but after argument by Governor
Bonham, Gen. Gary and MAJOR Gary, the
Judge decided upon one thousand dollars
each, and the prisoners were called up,
one Dy one, gave their security Tor ap-
pearance at Court to answer such char
ges as might be preferred against them
by the grand jury, and were discharged.
The Judge requested that the prisoners
should give bond and quitely go to their
homes without any demonstration Of
triumph, which request was met by
prompt assurance from Gen. Butler that
the men would readily and strictly COM
ply with his wishes. The Judge leaves
for Barnweil tomorrow. and will allow
bail to the remainder of the accused who
were not present on account of sickness
upon application and proof of surrender.
Although an immense or ovid was in town
all day, no distur bance of any kind oc.
CURED,