Birmingham age-herald., 1895-04-12
.RU KLUX AGAINST KU KLUX On the Principle of Canine Chewing
 Canine.
HEMPHILL SW0R.
In Way to Raise. Your Hair. His Memory Refreshed.
 White Gap Trial.

ATLANTA, Ga., April 1.-The govern ment rested it's casa in the trial of Quarles and Butler, Whit .Caps, soon after the court opened this morning. The defendants tried to prove an alibi.
 Ben Hemphill, whom the testimony shows was in the crowd which hung Henry Morley, was recalled by the defense. In reply to questions from Col. W. c. Glenn, counsel for the defendants, the witness stated that he had sworn falsely yesterday and before the grand jury when he declared that Butler was in the lynching party. He now stated that Butler had told him that he (Builer) was at home on the night the hanging occurred.
 Hemphill stated that District Attorney James had told him what to swear. The district attorney said that he had told the witness to tell the truth. The witness added that Dr. E. O. Stafford, a witness for the government, had "sworn him in" as ku klux eight years age. . 'What were these ku klux going to do?' asked Colonel James.
 "To put down the old ku klux.'
 'sSo it was a fight between ku kluSes, theu9''
 "I so understood it at that time.'' The witness, man of 60 years of age, was frightened.
 "Who told you to change your testi- mony?'
 ''Nobody. Part of it that swore before the grand jury was also a lie. The part where said Butler was at BloodtoWn was lie. never told Ross Tyson anything"
 "Did you then tell falsehoods before the grand jury for the purpose of prosecuting your son -in- -law?"
 "rhe part of it about being at the hang ing was false.o
 MT. Glenn asked the witness if MT. James had told him to stick to the paper he (Col. onel James) had read to him.
 "Yes.'
 "Why did he tell you that?'
 "He was afraid was going to lie about it.''
 "Who scared you into this?" asked Col onel Glenn.
 stDr. Stafford, principally"
 Mir. James took the stand.
 .It was hard at first to get anybody to tell about these cases. MT. Hemphill came to my office. He said he once belonged to one kuklux organization, and now be- suppressing the outlaw kuklux. read a list of the kuklux to which ho (HemphilD belonged. He said Judge Milner had ad- vised them to this, so that the illegal ku. kiux might be broken up. told Hemphiil that did not want any thing but the truth. HemphiIl saw me several days afterward and told me about Butler taking Morley from the house. Hemphill so swore before the grand jury, but last Monday he an- noInced that he had seen Butler, and was mistaken about Butler saying that he was at Bloodtown. l told Hemphill he would subject himself to perjury"
 NJ. Bell was put on the stand and re- hearsed the conversation between Hemp hill and MT. James. He says that Hemp- hill had said Butler had refreshed his memory and that after all Butler was not at Bloodtown. Colonel Glenn cross ex- anined MT. Bell.
 MT, Fucker was placed on the stand. MT. Fucker went over the same ground.
 Colonel Glenn here outlined the issue of the case, which, he said, was not whether Morley was hanged, but hanged in pur- suance of conspiracy, because Morley reported stills and whether these defend- ants were of the conspirators. Colonel Glenn outlined his plan of de- fense, which was to prove that Worley in. formed for revenue, which was not right and privilege under the laws and constitu- ton of the United States.
 The profound motive for the killing of this man was to prevent his being used as a witness against the kuklux in Gilmer connty. Briefly, the defense proposed to throw the case out of federal jurisdiction. s "Worley died as fool dieth-a victim of his own system. We expect to proAe that Morley was brute, and that to punish him forcruelty to his family was another motive for Worley's hanging," said the lawyer, who was quite eloquent at this time.
 2 Ouarles and Butler both made statements in their own behalf. They denied that they were with the hanging party. Quarles swore that he was nine miles away. But Ter swore that he was at home on tbe night of the hanging, and that John Quares, Jr., was with him. Young Quarles testi- fed that he slept with Butler in the latter's house on that night. Three or four other wit nesses were introduced, and they cor robcrated the different points made by the defense. The arguments will begin to- morrow morning.