Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1896-10-08

that startling revelation mas recent
ly been made, after the death OF the
Judge who sat upon the bench.
Although not more than a boy, VII
messed the trial Of Andrew Hastings
with more absorbing interest than any
thing else in my life has since awaK-
ened. / remember the gestures, the
impassioned face OF Hastings attorney
Col. George Harvey Palmer, and / can
almost repeat the very words he ut
tered when addressing the jury. 1t was
q wonderful defense he made-Wonder-
full how he fought every inch OF GROUND,
while chain of strong circumstantial
evidence was tightening the halter
about his clients neck. His cross-ques-
tioning Of the states witnesses was SO
exhaustive, his pleadings to the Judge
and to the jury so earnest as to arouse
the sympathy of many in the packed
courtroom. 1t was, as remember, the.
first important case with which Col.
Palmer had been connected in Monroe
county courts. He had moved to Ala
bama from Virginia and had been In
his new home but few months De-
fore the Hastings murder case became
the sensation of the hour.
Last week Judge James G. GarroW
died in Monroe county, Alabama, and
among his papers was found state
ment, in connection with the state
ment written to be made public
after his death. have read that state
ment, and 1t, In Connection with the
trial of Andrew Hastings, makes such
remarkable chapter Of court history
that have written it all down here.
1t was in the days of the noted ku-
klux khan, that organization which
sprang into life in the south during
the memorable days Of "reconstruc-
ton" 1t is supposed that the organ
izers of the khan originally intended to
control the suddenly freed slaves by
appealing to their superstition, for the
kuklux gave birth to hobgoblins,
ghosts and spooks, and was shrouded
in the most profoundasecrecy and mys-
terry. But the khan soon became charge
able with many inexcusable and out
rageOus crimes
Some time in the spring Of 1857 the
judiciary began to take active meas
ures for the suppression Of violence
attributable to the khan, or, rather, to
the lawless bands calling themselves
kuklux, for the original organization
had by that time ceased to exist.
On March IA, 1867, near the town of
Claiborne, Monroe county, Alabama,
Amos Bivins, camp follower of the
union army, who had opened store
in Claiborne, was found dead on the
side of the public road. He had been
beaten to death with club or some
other heavy weapon.
Another kukluX VICTIM" was the
public verdict, and with this the people
were disposed to discard the matter
from any further consideration, but
Judge Garrow was one Of the most
earnest among officers Of the law, who
had decided the time had come in the
south for the suppression Of crime. He
instructed the sheriff to make a most
thorough investigation, and, if pos
sible, to bring the murderer or murder
ers to justice.
It did not take long to fix the crime
on Andrew Hastings, who clerked for
Bivins. The evidence against Hastings,
while circumstantial, was very strong.
Having been raised in the south, Has
tings had no love for his employer, who
was regarded as one of the despised
class of carpet baggers in those days.
He finally quarreled with his employer
when reproved for insulting the union
soldiers and negroes who traded at the
store. Witnesses testified to this quar-
rel which resulted in Hastings being
discharged, and there was an album
dance of evidence to the fact that as
he left the store he was heard to re-
mark: "I'll fix the d Yankee"
It was only two nights after Has
tings' discharge that Bivins was killed.
Two witnesses swore that Hastings
tried to borrow shotgun from them
on the day prior to the murder. 1t was
also proven that Hastings was heard
to say when speaking Of the killing:
'The people ought to give the man who
did it vote of thanks"
Added to all this was the fact that
Hastings could not account for his
whereabouts on the night Of the kill
ing between the hours of eight and
twelve o'clock Bivins left his store
about ten o'clock to go to his home,
and 1t was presumed he was killed
few minutes after that hour.
When on trial Hastings stated that
he had gone possum hunting alone,
leaving home about eight o'clock and
returning about one o'clock the next
morning. It was for this purpose he
attempted to borrow gun. He proved
that it was his custom to go on these
night hunts by himself, With his pre-
vious good character, this was all there
was for the defense.
But Col. Palmer made the most Of it
and fought the evidence of the prose-
cution at times with an impassioned
manner that almost amounted to a
madness. remember an old lawyer
in the courtroom remarking: well, l
never have seen an attorney so thor
oughly identified with his clients in
terests before" Col Palmer's argu-
ment to the Jury, as | said, was most