Historical Newspapers of South Carolina

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lewis m. grist, proprietor. J |iu f nbcpcnbctit jfanul|f ftetaspaper: jfor tjjc promotion of % iprfitital, Social, Agricultural anb Commercial Interests of tjje $ont(r. jTERMS?$3.00 a YEAR, IN ADVANCE. VOL. 17. YOEKYILLE, S. C., THURSDAY, DECEMBER 21, 1871. NO. 51. ' -- - "" ' " ' * x- j- i r\ ru Trn,, lfnnw .T W Averv. A. I do. ?hc 31. J>. (Cmmt Ccrnvt. j THE TRIAL OF THE KU-KLUX. | Commenced at Columbia, Nov. 27,1871. On Monday, the 11th, the grand jury returned the following true bills: The United States vs. John W. Mitchell, I Julius Howe, Joseph Mitchell, Ed. Leech,, John Harris Wylie, Geo. Leech, D. Chester-! field McKinney, John Morrow, T. Wilkinson, j Hezekiah Porter, Sherrod Childers, Hugh ! Kell, Wm. Johnson, J. Smith, Joseph E. Leech, John Gaffney, Wm. Leech, Sylvanus Hemphill, Dudley Jones, E. Murphy, John Ramsay, Alonzo Brown, Chambers Brown? 1 conspiracy against W. J. Wilson. The United States vs. J. P. Wilson, Wm. J Mav. John Newton Steele?consDiracv atrainst! Francis Davie. The United States vs. John White, S. J. Harvey, Jas. White?conspiracy. ! twelfth day's proceedings. i "Tctstday, Dec. 12, 1871. T The court convened at 11 A. M., Hon. Hugh L. Bond and Hon. George S. Bryan j presiding. Mr. Hart submitted a motion, accompanied i with affidavits as to the pecuniary disability of the defendants, that the clerk be ordered t0 8ummon witnesses in the case of the United States vs. John P. Gage, et al., at the expense ofthe Government. Judge Bond refused to grant the order, because no bill had as yet been found against the parties by the grand jury. Mr. Corbin announced to the Court that he was ready to proceed to trial in the case of the United States w.Robert Hayes Mitchell, i Sylvan us Shearer, Wm. Shearer, Hugh Kell, j Heury Warlick, James Neil, Addison Car- J roll, Miles Carroll, Eli Ross Stuart and Josiah ; Martin, charged with conspiracy against Jas. >; Williams, alias James Rainey. Judge Bond announced that the court had j ^ not yet decided as to the validity of the count! charging a violation of the right to keep and j bear arms. j j Mr. Corbin then said, as there was no other ! business before the court, and as he was anxious to be getting on in the trials, he would ' enter a nolle prosequi to the questionable j counts, and proceed with the others which charge a conspiracy to violate the right of suf-j frage. j The parties indicted were called, and all j answered to their names, except Hugh Kell j and James Neil. The District Attorney selected to try first! Robert Hayes Mitchell, and the clerk pro-1 ceeded to^empannel the jury. Jas. Simpson, j (colored,) was the first name drawn. He was J examined on the voire dire and accepted. Also, the following: "William Smith, (colored,) Barnwell; Ephraim Johnson, (colored,) Georgetown; F. J. McMaker, (white,) Newberry; James Magill, (colored,) Charleston ; Gabriel Cooper, (colored,) Joseph Taylor, (colored,) Wm. Mooney, (white,) Columbia ; Phillip Salters, (colored,) Wm. F. Dover, (colored,) Charleston ; Joseph Keene, (color-; ed,) Statesburg; Isaac Black, (colored,) Co-1 lumbia. All. Republicans. The following were rejected by the prisoner, j under his right of peremptory challenge: Ed-1 ward Reid, Addison Richardson, Henry Dan-j iftl* Hflvid Andrew W. Curtis. Henrv i , 1? Qidham, Juiaru Co<Mt, JN. JL. i.dwa:o^, cu, ,' ored, and. W. H. Jackson, white/. $- v Mr. Corbin challenged peremptorily An'/"''drew W. Burnett, of Charleston, and ordered ' to "stand aside" J. P. Holloway and John A. I Pugh, colored, and W. H. DeBerry, of Dar-1) lington, white ; E. C. Rainey was disqualified, J on account of having served as a juror in the { Circuit Court of the United States within two jrcaia. ] The court appointed Joseph Taylor (color-1 , ed) for foreman of the jury, and the indictment against Robert Hayes Mitchell was read ( by the Clerk. Mr. Corbin, the District Attorney, said j ^ May it please the court and gentlemen of j the jury, the case now to be presented to you \ is one of an unusual importance. It is one of , a somewhat startling character in this coun- J 1 try. The defendant who is now called before 1 j you is charged with having entered into a con-1 spiracy, and it will be our purpose, gentlemen j ( of the jury, to prove to you that he has en-1 tered iuto the conspiracy for the purpose of i preventing and restraining divers male citi-j zens of the United States, of African descent j ] and qualified to vote, from exercising the i right of voting. j I shall first attempt to show to you that he ; did enter into a general conspiracy, existing j in the county of York, for the purpose of pre- < venting and controlling the colored voters of j that county and keeping them from the polls. I We shall endeavor to show an organization perfect in all its details, armed and disguised; J that this organization was bound together by i a terrible oath, the penalty for the breaking : of which was declared to be that of a traitor? ; death! death!! death!!! We shall show' that this organization had a constitution and ; by-laws ; that it pervaded the whole country j or a large portion of it; that this conspiracy ! was inaugurated in 1868 in this county ; that; its active operations were somewhat suspended j during the years '69 and '70, but that, in '71 I particularly, its operations becarue very act- l ive; that great numbers of colored citizer.3 I who were entitled by law to vote in that coun-: ty were visited by the party and whipped and I many of them murdered. In this case, we J shall show to you that this organization de- j liberately planned and executed the murder of Jim Williams, whose name you will find j iu thLi- Judiotm?ntj in -pnraiiflnra of t4rrr -pm-f pose of the organization. We shall prove to j you, gentlemen, that the defendant was pres-1 ent, aided and assisted iu carrying out the | purposes of the organization, and was present i at the execution of the man, Jim Williams, | whose name you will find in the indictment.! Tbe nnrtienlsr details will all come Ollt in ' the proof that the special raid, as it was j called in that county, upon civilians, consist-1 ing of some forty, fifty or sixty person. That it met at what is called in the countv of York, the "Briar Patch," an old "muster" field and was armed, disguised and mounted; that under the command of a leader, whose name I will appear in the testimony, this organization proceeded to the house of Jim Williams, broke in his door, took him out, fastened a rope about his neck, took him to the woods near by, and then hung him till he was dead. ! That they left a card upon him, which was j found on the morning following the execution,! simply stating in derisive language, "Jim i Williams on his big muster." That on the < | same evening they visited divers other houses | I of the colored people, threatened them, took 1 L them out, robbed them of their arms, and in-! I formed them that if they should vote any more J I they should be killed. Gentlemen, this com- j I prises, in brief words, all that we desire to i K show to you in the opening. We proceed in ! I this indictment under the authority found in I the sixth section of the act of May 1, 1870. The second count in this indictment, and it contains but two, charges that this defendant I and divers other evil disposed persons at ff York county, Ac., did conspire together, with intent to oppress, threaten and intimidate H Jas. Williams, male citizen, Ac., because he exercised the right and privilege of voting on the third Wednesday of October, 1870. j B We shall endeavor to show that this attack i upon Jim Williams was not only for the pur- j pose of preventing his voting in 1872, he with j others, but because he had exercised the right and privilege of voting in 1870. j1 We shall ask you to particularly listen to ; the witnesses. Many of thera are ignorant, j and many of them never appeared in court j ] before, and are unaccustomed to the trials of i the witness stand. j ( The witnesses in the case were then called < and sworn. j ] Mr. Stanberry requested the court to direct; ( that all the witnesses except the one testifying I leave the court. The court directed that all the witnesses re-1, tire. | ( Mr. Johnson. It is not usual, may it please i ( your honors, for the witnesses for the defense ; to be compelled to leave. As far as I am con-1 ( cerned, I have no objection to it, however. <> Mr. Stanberry. I see no rule for sending ( out our witnesses. The court. All the witnesses must retire, s TESTIMONY OF LIEUTENANT GODFREY. I The first witness called was Lieut. E. S. J Godfrey. Lieut. Godfrey stated that he was ' a Lieutenant in the 7th United States Cavalry.aqd was staUon^aJLYorMla, fj was here interrupted oy tne en-1 i trance of the grand jury, who made the fol-}1 lowing returns: The United States vs. John P. Gage, Ernest J Lowry, Edward T. Avery, Howard Davis, * alias White, Henry Toole, alias Henry Tew, 8 Frank Cowan, Frank Fewell and Samuel Stewart, charged with conspiracy against Isaac s A. Postel. True bill. B. F. JACKSON, Foreman. The United States vs. Napoleon Miller, Rufus McLain, Chambers Brown, Sylvanus 1 Shearer, Hugh H. Shearer, Elias Ramsay, r Robert Riggins, Hugh Kell, Heury Warlick, Andrew Kirkpatrick, Robert Hayes Mitchell, a Alonzo Brown, W. Johnson, James Neil, Addison Carroll, Miles Carroll, Harvey Gunning, F Pinckney Caldwell, Robert Caldwell, Bascom a J- u,,.Ql] Jtvenneuy, xiuiuruuiv. uuuu, uunu vaiuuui, Robert Dixon Bigham, Eli Ross Stewart, Samuel Ferguson, John S. Bratton, James P William Avery, Josiah Martin and Julius 1 Howe, charged with conspiracy against Gads- ? den Steele. True bill, except as to John S. ? Bratton and Julius Howe. As to them no bill. B. F. JACKSON, Foreman. * After the grand jury had made their re-1 ^ turn, Mr. Hart asked that a day for the trial j , jf the case of the United States vs. John P. Gage, et al., might be fixed so that defense i might prepare. Mr. Corbin. The only objection for fixing j " specific days for these trials, is, that the de- j ? Pendants are severing in their challenges, and i the government is compelled to sever in its ! trials, and it appears we have to go through ; P :en or fifteen trials involving the same testi- j mony that we are now about to present to the j ^ ury. I trust that the court, the counsel on ; u. she other side, and ourselves, may survive till ! ve get to the end of the trials. If we do, we j s' may live under the assurrance of a very long ; life ; hence the difficulty of fixing a day for w :he trial of any of these cases ; and I would suggest to the court that the parties shall, in P iccordance with the practice here, take no- j . ;ice of the proceedings in the court and be I ready for trial. We cannot assume any re- j sponsibility as to when any trial will or will j " not take place. Judge Bond. The parties have asked for | J1 witnesses to be summoned, and it is not juiicious to keep witnesses here a week or more; | ^ jne or two days ought to suffice. The court j J ftn- a'-siii.1 re^'Mifrui in' pvn* v aot be tried till they have an opportunity of bringing in their witnesses. * Mr. Hart. There are a number of cases for trial, and I feel a delicacy in asking the 20urt for orders for witnesses, for the same 81 reason that the court suggests ; but we do not u wish to summon witnesses until the parties are Indicted; hence I asked the court to assign v Jays of trial, so that we may not be put to ft any unreasonable expense in bringing our., f witnesses here. " Judge Bond. The act gives the court die- n sretion in determining that. I must be satis- ti Bed of the fact that the party has not the t! property that will allow him to bring his witnesses. The other day an order was passed to summon a man who gave bail for two oth- j 2rs. But the court will summon witnesses in g time, and set the trial for as early a day as j n possible. ! b Mr. Corbin then continued the examination j af Lieutenant Godfrey, as follows: j A Q. Where is your post of duty ? A. Yorkville, Yorkville county. : ^ Q. [A paper was here presented the wit- li ness.] Will you look at that paper and say j v whether you recognize it? A. I do recognize tl it. si Q. State where and how you obtained it? o A. I was ordered on the night of the 20th of v October, Friday, by Colonel Merrill, commandant of the post at Yorkville, to proceed I' to the house of Samuel G. Brown, to obtain there the constitution and by-laws of the Ku- A Klux Klan. The order which Colonel Mer- I rill gave me was signed by Mr.- Brown, to procure them from his daughter. Q. Who gave you that order ? A. Colonel Merrill, and the order was signed by Mr. s< Brown. ' a Q. By Mr. Hart. Where is the paper that d you say was signed by Mr. Brown? A. I a gave it to his daughter. v Mr. Hart. We object to the testimony. t< Mr. Corbin. It was an order from Mr. Brown to his daughter to deliver the paper. I Q. What was done with that paper? A. [ I gave the order to his daughter, and she as- j c sisted me in the search for it. I found them 11 in the desk. [ Q. By Mr. Johnson. Who was that order ^ d from ? A. The order for the constitution o and by-laws was from Mr. Samuel G. Brown, j ~Q. By Mr. Corbltr. Did you obtain that | h paper at the time you mention and the paper n that is enclosed ? A. I obtained these papers 1 the next morning at the house of Mr. Brown. Q. How and where did you find them ? A. ' I found them in the private desk, as designa- 0 ted by Mr. Brown in his order. Q. State just where you found it? A. I ii found it in the private desk of Mr. Brown, at his residence. Q. Who assisted you in finding it ? A.: I The daughter. j Q. Did she find it, or did you ? A. I found j11 it myself. 11 Q. Did she show you the place ? A. She j did, and assisted me in unlocking the desk to ! get it. I d Q. Did you put any mark upon it ? A. I j I did. I * Q. What was it? A. I endorsed upon how J t I found them, aud where I found them, and i * signed my name to it. | r Q. Read it. A. [Witness reading.] The i t within papers were found by me in the private j > desk of Samuel G. Brown, of York county, | 8 where I sought for them by order of Colonel i * Merrill, commanding post at Yorkville, un-1 8 der a written paper signed by Samuel G. j 8 Brown and addressed to his daughter Jennie, < T- M d!r??i A/1 A I c V?. J.& JUUi uaiuc oi?iiuu iu iiiiuv . ?-. . v/ Yes, sir. Q. "What did you do with that paper after c you found it? A. I carried it back to York- 1 ville and gave it to Colonel Merrill. Q. Look at it now and see if you find it substantially in the same condition as it was j at that time ? A. It seems to be in the same ? condition ; I see no alterations. t Q. What is that little paper you have in c your hands? A. This is a list of names found j with the papers. . j c Q. Was it fouud with the constitution and j by-laws? A. Yes, sir; it was wrapped np in 11 the same lot of papers. I s The defense declined to cross-examine the witness. TESTIMONY OF ALBERTUS HOPE. Albertus Hope having been duly sworn, testified as follows: Q. Where do you reside? A. In York jounty. Q. How long have you resided there ? A. [ have resided where I am now living forelev;n or twelve years. A paper was here handed the witness. Q. Look at that instrument and tell us whether you have ever seen it before ? A. I :annot be positive as to that matter, sir, wheth;r this is the paper I have seen before or not. Q. Did you give a paper containing the institution and by-laws of the K. K. Klan to iomnpl f} Rrmvn ? A. I gave him a written iocuraent. Q. Is that the document? A. I cannot lay positively that it is; the paper has been lsed ; I was not familiar with the handwriting >f the document; if this be the paper, it has >een used since it passed out of my hands. Q. What do mean by that; that it is dirty ? k. Yes, sir; it has beep .SomeJLiBlfe-aince .it THSSetloUtdrmy hands; ana I'cannot be postively certain that it is the paper. Q. How many sheets or half sheets of pa>er were there in that constitution and byaws ? A. I think the amount of paper is the ame. Q. Was it on a sheet and a half ? A. Yes, ir. Q. What is the substance of it? Quest^pn objected to and withdrawn. Q. Have you read the paper? A. A porion of it I did sir. I cannot say that I ever ead it all. Q. Have you read it now ? No, sir; I read , portion of it. Q. Read it it and see whether it is the same aper ? A. I must say I don't recognize the andwriting. Mr. Stan berry. The question is addressed o the court as to the admissibility of the pa>er. [To Mr. Corbin.] Do you claim that his testimony goes to the jury with respect to his paper, or whether it is an examination efore the court ? Mr. Corbin. I am endeavoring to prove his paper by this witness in the presence of he court and jury. Mr. Stanberry. We object to this paper ill the court has decided as to its adraissibily Judge Bond. The counsel for the govern lent has a right to prove the conspiracy, ana e can begin at which end he pleases. Mr. Stanberry. The question is whether lat paper is identified, and the proof of the aper must be addressed to the court. Judge Bond. You do not connect this parSr with th >se papers. If it is not the paper pon which the charge is based, the prosecuon is at liberty to examine the witness to tiow the authenticity of this paper. Mr. Stanberry. But the testimony is alrays to the court. The Court. The counsel has not offered the aper yet. Mr. Stanberry. The question of its authenicity is before the court, not the jury. Mr. Johnson. Some of his answers may ave weight with the jury. The objection to tie paper is on that ground if it be read to the iry before it is identified. The evidence as 3 the identity of the paper is always submitid to the court. I The Court. He is simply endeavoring to firfrrflr ttroyapcrr ?. ?-?-? Q. Have you read that paper now? A. Tes, sir. '' 1 Q. What do you say to the substance of bat paper? A. So far as ray knowledge ?rves me a portion of it is the same. The ontents of a portion of it are the same. Q. What do you say of the paper ?e a rhole? A. Well, I don't k?mw as I can say nything furthexv than If my memory serves in, 4httf!S"a portion of it. Q. How much of it? A. So far as my lemory serves me in regard to the constituiou part of it, it appears to me to be about he same. Q. Do you believe this is the paper or not? Question objected to. Q. Where did you get that paper that you ave to Mr. Brown ? A. I think, as near as iy memory serves me, that it was given me y Major Avery. Q. When did you get that paper of him ? L Sometime in 1868. Q. How came he to give you that paper? l. From my statement to him that I would Ike to see the ground-work. At that time it ras discussed in the newspapers an tnrougn lie country that there was such a thing in Dine portions of the country, though not in urs. I expressed a desire to see the groundwork, and the document was handed to me. Q. The groundwork of what ? A. The Cu-Klux organization. Q. What did you understand from Major ivery the Ku-Klux organization to be ? A. could not possitively find that out. Q. What is the general understanding ? Question objected to. Mr. Corbin. This organization is one of ecrecy, and its operations are in the dark, nd their members endeavor to keep all they id, even their relation to the order, secret, nd it is this gentleman's understanding as to who the commanding officer was that we wish d get at. Q. Have you ever been a member of that Clan ? A. I have not been asworn member. Q.. Have you been inside the order and reognized as a member ? A. I never have as consider it. Q. Did you ever attend a meeting of this orer ? Yes, sir, I did attend one ; a statement f which I have given. Q. When was that meeting held? A. I ave not the dates of anything, but as well as ay memory serves me it was along about the st of last March. Q. What other members of the Klan were here? A. If you call it a Klan, there were ther members there. Q. All the persons who attended that meetng?were they not members of the Klan ? Question objected to. Q. Was it a meeting of the Iv. K. K. ? A. did not consider it so. Q. Were you, or not, elected Chief that light? A. I was elected to govern that pary ; and allow me to state? Mr. Corbin. That is all I desire. Witness. The condition of the up-country lemanded something at that time. They had >een burning and making threats in the counry, and it certainly did demand that somehing should be done. Word was left at my louse to go to that meeting. I came very icar not going; but when I did go, 1 asked he object of the meeting, and it was said that, nasmuch as there had been so much burning ;nd threats made round our county, that it vas necessary we should come to some undertauding; that we should know where to get issistance, if we peeded it, Q. Well, you organized a Klan ? A. Yes, ir; if you consider that an organization. Q,. And they elected you chief of that irowd, did they not? A. They elected me eading officer of that party. Testimony ejected to. Mr. Corbin. We think this testimony is jertinent as to whether all who were present icknowledged, before proceeding to business, hat they were sworn members of the K. K. >r other Klans. Mr. Johnson. We object to that. I unlerstand him to ask whether the persons pres:nt at that meeting acknowledged that they )elonged to that Klan?as to whether they iaid so. The proper way is to call up the !: men themselves, if they can get them ; but the j propose to rely upon the unsworn declaratioi: ! of those who were present. We are entitle to have direct evidence of the fact that eac ' j one was a member of the Klan in point i fact?not by his own declarations, but b j something that he did?if they can show au ! act that he did but this in the iuception < 11 the proposed association. | Mr. Corbin. This organization, as we sha ! be able to show, is one that operates in tb t dark, and that the members were known 1 i each other by signs and grips and by variot I means, and that, when they recognized eac I other, they talked and discussed the proceec , j ings of the order. ! TIT- TrtUrtonn Wo nAf nWpnf. tn tHflfe. ( I 1111 t/UllllCUUi ff w UU UVV V-Ujvvv *v Mr. Corbin. We wish to show that on th occasion they did not proceed to business ti each man had been examined to know whetl er he was initiated within the order. Thf , this question was put to the members of th , order, and that they all gave assent that the were sworn members of the Ku-Klux Klan , and that they then proceeded to theorganizi tion, electing Mr. Hope as their 1 j -Q. WTOs eacfi person'present at th^t h^H j interrogated as to whether every rhSmfr ?resent belonged to the Ku-Klan Klan ? A do not know positively that they were. 1 I was not done by me. i Q. Was it done by somebody? i Question objected to as leading, i A. A portion of it was, but it was not don I by me. A portion of them had Been sworn h ! Q. Did not that apply to all of tbem ? A I do not think it did. Q. They did elect you Commander tha night did they not? A. Yes, sir. Q. Were there not some officers elected A. Some were appointed. k Q. What were they called ? A. Som termed tliern Wardens, to let them know i they were needed. ^ Q. What is the general names by wWd they were known. A. I do not know; som of them called them "Night Hawks" Q. How many Kight Hawks did you elect A. 1 do not remember exactly. Q. Were there any other officers there A. I think there were ; a man that kept th roll or record, in case there was any need o them. I Cross-examination.?Q. by Mr. Stanberrj j You speak about going yourself to that meet |iug? A. Yes, sir. Q. At what season of the year was it ? A I think about the last of March, 1871. Q. You say the reason why you went to th mBfet.inor was hecause of certain burnings am threats, which had been ronde? A. Yes sir. Q. Had you any burnings there? A Yes sir; we had a number of them. Mr. Corbin. We object to that. % Mr. Stanberry. It was you, who proved it we didn't ask him if there had been any. Q. State what burnings there were? A Dr. Allison's, Rev. James Castles, Jacksoi Brown and several others, who had their gin houses and mills and barns and'stables am smoke houses burned. Q. Had these burnings been frequent? A About five or six. Q. What threats had been made? A Threats had been made. Question by Mr. Corbin. Name the pei son who made the threats? A. It was i freedman by the name of Mick Moore. Q. by Mr. Corbin. Did you hear him mak it? . A. N<jl sir. . 1 Mr. CorbSn Wft object to the Mr. cLtfntfcrry. 'xUu/ ??u '^lempiinj to make out a conspiracy, and to shov intention, purpose and motives which instiga ted the parties to make the agreement, have heard of no agreement that is befor the jury, except the meeting this gentlemai attended in March last. That is the on! agreement which has yet been given in cvi dence. We want to show what wa3 the pur pose and objects of that meeting. Wha measures the meeting agreed to take to aver these injuries, or burnings, or threats. Sup posing there had been no threats, but that th parties had been informed that threats hai been made to burn their houses, or other in juries. Acting upon that information, ther are abundant reasons to prove the intent, ani mus and motives of the meeting. , The Court. The witness says he heart those threats, but does not know who mad them. Witness. I heard of threats being made but do not know who made them. Mr. Johnson. The specific charges agains the prisoner is, that he belonged to a conspii acy to violate the rights secured by the act o 1870, that is the right to vote or to do any thiug else that was secured by the act of 1S7C The counsel for the prosecution has told th jury that they proposed to prove that this wa I an organization for the purpose of frustratinj j or defeating some right belonging to our col I ored citizens, and especially the right of suf frage, and he has told the jury that the con spiracy or association was to that end. Now, is it not competent for us to prove b; the party, if he is a competent witness, tha -? : f ..11 110ai was Doune oojectoi uie uuuspiruuy so far as is known. That, on the contrary, his individual mo tives in becoming a party to that association was to protect his own property and that o his neighbors, and the lives of those whi might be connected with them, from wha he supposed to have been going on in thi neighborhood, by some persons, whether whit or black, is immaterial, or whether there wer threats or no threats. If they went togethe under the honest impression that such threat had been made, and should it turn out tha such threats were made, of guarding them selves against the consequences of sucl threats. It disproves the very ground on which th< prosecution are placing their case; that4hfi] I got together for a different purpose than pre : venting the colored man from exercising thi j right of suffrage. It is wholly immateria I whether there were fires or threats then o ; not. If they believed that these conflagro | tions would be continued, and honestly believi ! that other wrongs would be committed upoi j them and their neighbors, such as were indi cated by the threats, then they not on I; did not commit the offense charged in this in dictment, but they did what they had a righ ! to do. They acted in self-defense, upon thi j hypothesis which we suppose to be establishe( ! by the testimony of this witness : that is to say ! they acted upon the natural desire of shield ing themselves against outrages, and not fo the purpose of perpetrating outrages upoi others. Mr. Johnson. What was your motive ii going to the meeting in March, 3871? A For self-defense and the protection of thosi that were helpless in my neighborhood ; t< guard against anything that was going on, o: that might be gotten up. There were othe: i things which led my mind to believe then I would be difficulties. Q. You went to the meeting to guard your selves against further conflagrations? At J f had no other object in view,. ] Q. by Mr. Stan berry. What did you un derstand to be the nature of these threats' A. It was just this, that they were threats. I O. Who did vou understand that thest | threats came from ? Question objected to. Q. by Mr. Johnson. You understood them as coining from somebody. Yes, sir, I did. Q. by Mr. Stanberry. Did you understand these burnings to be accidental or incendiary \ A. They could not possibly be accidental Mr. Corbin. We object. Judge Bond. The witness has a right to answer that. Mr. Corbin. They insist that they shall not iy put in any heresay testimony, and they are is j asking nothing else. id I by Mr. Stanberry. Then your purpose hjjtafoing to that meeting was to protect youro seTrand your family against those fires and y the performance of those threats. Had you y tq^uard your own house for several /lights ? )fjA, Yee, sir. I walked my yard several Ajyghts. We could not sleep. There were fi | Several fires around us. I do not know how le j tfcoy came. ;o ' Q. Then you were impressed with the danis j gtr to yourself and family. A. Yes, sir; h j-livcn their nearness to me I certainly was im1 'pressed. j He-direct examination..?Q. You replied, in 1 nnswer to a question, that you went to that isjjneeting to protect yourself and the helpless 11 j trtits about you. Did that include the colored l-i people, as well as your own family? A. Yes, it^gir. I intended to protect all about me. ie.? >*Q. Who were you to protect the colored y;people against? A. From any party that tei*m?ght molest them. fc-v Had you reference to the ku klux orin that reply ? A. I had no ref BPw^HRuiy particular organization.ST (*. Do you not know that the Ku Klux u 1 were raiding generally? Was it not your t i mptive to protect your colored laborers from them? A. There were raiding parties going about the country. And you intended to protect the colored e people on your land ? A. I did, sir. 1.1?by Mr. Stanberry. From whom did l. you understand these threats to come? A. I understood them to come from a portion of it the colored race. Q. by Mr. Corbin. Who did you under? stand were committing these raids around the j country ? A. My understanding was that e ! the raids were made generally by white parf j ties. | Q. What were these raiding parties called? LUX. f They were generally called Ku Klux. c [ Q. What was the character of these raids ; i what "were they raiding on, and what were ? they doing? j Mr. Stanberry. We object. ? The Court. We think he has a right to Vranswer that. f I Mr. Johnson. There is no conspiracy jproved. r. The Court. The witness is entitled to ant swer, to show the conduct of the raiding parti ph t.hrnncrhrmt. that country. .. j Mr. Corbin. I do not think we will press ~*M.hat further. e I TESTIMONY OF KIRKLAND L. GUNN. ^ ' Direct Examination by Mr. Corbin. Q. i Are you a resident of York county ? A. I I was, sir. j Q. When did you reside in York county? ! how long? A. I resided there from the time i I was born until last May, sir. Q. Were you, Mr. Gunn, during your resi dence in Yorkville, a member of the Ivu-Klux a Klan ? A. I was, sir. Q. When did you join the organization ? A. In January, 1871, sir. Q. Where? A. At Wesley Smith's, in York county, or near his house, sir. Q. Who initiated you ? A. Wesley Smith, - John Osborne, and others. - Q. Did you take the obligation of the order?the oath ? A. I did, sir. a Q. I will read an obligation to you, and ask you if? e Mr. Johnson (interrupting). State to us J^lkhat the obligation was. --igl 4J ' *1* I _ ' ??<! il i T Mr. Johnson. No, sir; let him Itate wliat v 'the obligation was. Il The Court. He is entitled to read the ob* ligation and ask the witness if he ever heard e that obligation before. 11 Mr. Johnson. Without first asking him r what the obligation was? That is telling the witness what the answer is. Our view is that, in relation to an obligation or an oath, the 1 party must state from recollection, if he can ' recollect, what was the character of the obli'* gatiou. ? Mr. Corbin. We have no objection to aska ing the general question. First, what was the obligation and purpose of the Klan ? e A. The obligation, sir, that I took was that. T should not divulge anv nart of the se cretu of the Klan that I had joined, and it ^ was for the purpose of putting down Radical e rule and negro suffrage. Q, What was the general object and pur!? pose of the order? A. That was the purpose of Ae organization, sir. 1 Q. Have you ever heard the constitution '* and by-laws of the order read ? A. I heard it read, sir, when I was initiated. " Q. How were you initiated ? Describe to ' the.jury the process of initiation. A. I was e knelt down, sir, and the oath was read to me, 8 and then the constitution and by-laws were |? read- to me, sir. , (J, Now I want you to look at that Constitution and by-laws and say whether that was the constitution and by-laws of the order. Gounsel passed to the witness a paper pur? porting to be the obligation, constitution and f "by-laws of the Ku-Klux Klan, which witness > examined, and answered : A. Sir, that is in substance the same that " I heard read. This obligation is the same, ' sir, and I think the constitution is the same in sabstance. 0 Mr. Corbin. We propose to read that paper, may it please your honors. 0 Mr. Johnson. Let us see it first before you 0 read it. 0 The paper was handed to counsel for der fense. 8 "'Mr. Stanberry (to the witness.) This paper that they have handed you, did you ever see this particular paper before? A. Yes, 3 Mr. Stanberry. When ? A. I saw it in 0 CohMerrill's office at Yorkville. hj^M^iftotocny. When did you first see it '^^tcTa. It was about one week ago, sir, I 0 J think now, as well as I remember. j Mr. Stanberry. That is the first time you r | ewr saw it ? A. Yes sir, that is the first time 11 ever saw that paper. . Mr. Stanberry. You saw the same paper 31 however? A. Yes sir, I saw the same docu" j went on another paper?the same instrument. y I 'Mr. Stanberry. But the document you " spmk of is not this identical paper? A. No, not that paper. 0 Mr. Corbin. We propose to read this paper, if the court pleases. ' The Court. Read the paper. Mr. Chamberlain, of counsel for the proser cu.ion, read the document referred to, as fol1 Idta: ^ OBLIGATION. 1 ], (name,) before the immaculate J udge of Hea.. vet and Earth, and upon the holy Evangelists of e Ahiighty God, do, of my own free will and acco:d, subscribe to the following sacredly binding olffgation: * u vvuaieuii tue ?uit> ui junuuo, xiuuiuiiity HIIU r constitutional liberty, as bequeathed to us in its a pirlty by our forefathers. 5. We oppose and reject the principles of the Raiical party. Wo pledge mutual aid to each other in sickr no*, distress and peouniary embarrassment. ^ i. Female friends, widows and their households. shdl ever be special objects of our regard and - pntection. > Any member divulging, or causing to bo divtfged, any of the foregoing obligations, shall mwtthe fearful penalty and traitor's doom, which 3 is Death 1 Death! Death! CONSTITUTION. I Article 1.?This organization shall be known as tho ? Order, No. ? of the Ku Klux Klan, of tlio SUte of South Carolina. I Article 2.?The officers shall consist of a Cvclops > aral Scribe, both of whom shall be elected by a majority vote of the Order, and hold their office during good behavior. Article 3.?It shall bo the duty of the C. to jprei side in the order, enforce a due observance of the constitution and by-laws, and an exact compliance to the rules and usages of the Order; to see that ; nil the members perform their respective duties; 1 appoint all committees before the order; inspect j the arms and dress of each member on special i occasions; to call meetings, when necessary; and ; to draw upon members for all sums needed to ; carry on the order. The S. shall keep a record of I the proceedings of the order; writo communieai tions; notify other Klans, when their assistance j is needed; give notice, when anv member has to suffer the penalty for violating his oath; seo that ; all books, papers, or other property belonging to j his office, are placed beyond the reach of any one : but members of the 6rder. He shall perform j such other duties as may be required of him by | the C. Article 4, Section 1.?No person shall be initia ted into this order under eighteen years of age. Section 2.?No person of color shall be admitted | into this order. j Section 3.?No person shall be admitted into the Order who does not sustain a good moral charac; ter, orwhoisinanv way incapacitated to discharge ! the duties of a Ku Klux. j Section 4.?The name of a person offered for ! membership must be proposed by the committee appointed by the chief, verbally, stating age, residence and occupation. State if he was a soldier in the late war; his rank; whether he was in the Federal or Confederate service, and his command. Article 5, Section 1.?Any member who shall 1 offend against these articles, or the by-laws, shall | be subject to be fined and reprimanded by the C., as two-thirds of the members present, at any regular meeting, may determine. Section 2.?Every member shall be entitled to a olEunse.-in violating reprimand, or criminal punishment. BY-LAWS. Article 1, Section 1.?This Order shall meet at ?. Section 2.?Five members shall constitute a quorum, provided the C. orS. be present. . . Section 3.?The C. shall have power to appoint such members of the Order to attend to the sick, the needy, the distressed, and those suffering from Radical misrule, as the case may require. Section 4.?No person shall bo appointed on a committee, unless the person is present at the time of appointment. Members of committees neglecting to report, shall be fined thirty cents. Article 2, Section 1.?Every member, on being admitted, shall sign the constitution and by-laws, and pay the initiation fee. Section 2.?A brother of the Klan wishing to become a member of this Order shall present his application, with the proper papers of transfer, from the Order of which ho was a member formerly, and shall be admitted to the Order only by a unanimous vote of the members present. Article 3, Section 1.?Tho initiation fee shall lie ?. Article 4, Section 1.?Every member who shall refuse or neglect to pay his fines or dues shall be dealt with as the Chief thinks proper. Section 2.?Any member refusing to serve, or neglecting his duties, when appointed on a committee, shall be dealt with as the Chief thinks proper. Section 3.?Sickness, or absence from the country, or being engaged in any important business, shall be a valid excuse for any neglect of duty. Article 5, Section 1.?Each member shall provide himself with a pistol, ku klux gown and signal instrument. Section 2.?When charges have been preferred against a member in proper manner, or any matters of grievance between brother Ku Klux are brought before the Order, they shall bo referred to a special committee of three or more members, I who shall examine the Darties. and determine the ! matters in question, reporting their decision to I the Order. If the parties interested desire, tvfothirds of the members present voting in favor of the report, it shall be carried. Article 0, Section 1.?It is the duty of every member who has evidence that another has violated Article 2, to prefer the charges and specify the offense to the order. Section 2.?The charge for violating Article 2 shall be referred to a committee of five or more members, who shall, as soon as practicable summon the parties, and investigate the matters. Section 3.?If the committee agree that the charges are sustained?that the member on trial has intentionally violated his oath?(Article 2,) they shall report the fact to the Order. Section 4.?If the committee agree that the charges are not sustained?that the member is not guilty of violating his oath, Article 2?thev shall report to that effect to the Order, and the charges shall be dismissed. Section f>.?When the committee report that the charges are sustained, and the unanimous vote of the members is given thereof, the offending person shall be sentenced to death by the Chiot. Section 6.?The person, through the Cyclops of the Order of which fie is a member, can make apof the sentence can be stayed until the pardoning I power is heard from. | Article 0, Section 1.?Any member who shall ; betray or divulge any of the matters of the Order J shall suffer death. Article 7, Section 1.?The following shall be the Rules of Order, to any matter herein not provided for, which shall be managed in strict accordance i with Ku Klux rules. Section 2.?When the Chief takes his position ) on the right, the Scribe, with the members formj ing a half circle around them, at the sound of the signal instrument, there shall be profound silence. Section 3.?Before proceeding to business, the S. shall call the roll and note the absentees. Section 4.?Business shall be taken up in the following order: 1. Reading the Minutes. 2. Excuse of members at preceding meeting. 3. Report of committee on candidates for membership. 4. Collection of dues. 5. Are any of the Order sick or suffering? G. Report of Committees. 7. Now business. Q. Mr. Gunn, you have stated the general purposes of the order, now, will you please state to the jury how those purposes were to be carried into effect? A. Well, sir, that is known, I think; but the way that I was told , that they were going to carry this into effect was by killing off the white Radicals, and by whipping and intimidating the negroes, so as to keep them from voting for any men who held Radical offices. Q. Pursuant to that mode of intimidating and killing voters, was there any thing of the kind done within your knowledge ? Mr. Stanberry. We object to that question?object to his saying what he was told. Mr. Corbin. I am not asking for what he was told. The G1ourt. We think the question may be asked. [To the witness.] State what was done in pursuance of the object of the order. What was done pursuant to the purpose of the order, as you have stated it according to your knowledge. A. Their purpose was to whip such men as they called Radicals, and men who were ruining the negro population, etc., and they murdered some. | Q. Well, Mr. Gunn, when did they do this; night time or day time ? A. In the night time, sir. Q. Whether the organization was armed according to the by-laws? A. Yes, sir, they were armed. Q. What were their arms ? Most generally pistols, sometimes shot guns, muskets, etc. Q. What is the Ku Klux gown referred to in the by-laws? A. It is a large gown. All that ever I saw was made of some solid colored goods; I don't know what the color was; it looked dark in the night; I never saw a gown in daylight. Q. What were those gowns worn for? A. To disguise the person, sir. Q. Were the purposes of the order to be carried out with the disguises on? A. Yes, sir. Q. When the Klan was assembled to prosecute any of its purposes, such as whipping and killing, were they disguised or not? A. AIwavs. sir. I Q. And always moving, when ? A. In the night. Q. Whether you yourself have been on raids, or been ordered out? A. I was ordered to two, sir. Q. Who gives the order for a raid in the Klan ? A. The chief. Q. Who carried the orders in the Klan? i A. The officers known as Night Hawks. 0. What raids were you ordered upon ? A. The first, sir, was a raid known as the Bill i Kell raid. 1 Q. Who brought you the order to go upon i that raid ? A. John Wallace. < Q. Who is John Wallace?what is hisrela- ! tion to the order ? A. He was what we call 1 a Night Hawk, sir. j Q. In whose Klan ? A. John Mitchell's. 1 Q. Were you a member of that Klan? A. Yes, sir, I was told I was a member of it when 1 I was initiated. ( Q. Tell whetheryou went on that raid? A. i We went to where the meeting place was and met several men there, and among the rest was Hugh Kell, and, when he was found to 1 be there, the chief declined going on the raid. Q. On account of his presence? A. Yes, sir. r t Mr. Ktanberry. wnat lias an mat iu uu i with it? ! Mr. Corbin. General mode in which the b< j business of the order was carried on. j Q. "What was the purpose of raiding on cc iBillKell? A. It was my understanding to j kill him, sir. th Q. What for? A. Because he was a presj ident of a Union League. tl i Q. You say that the raid did not proceed ki j any further than the meeting place? A. No is sir. m Q. And because his brother was there? A. Yes, sir. fe Q. What other raid were you ordered upon? , A. One known as the raid upon Jennie Good. 01 Q. What was the object of the raid; who jc brought you the order? A. I don't remem- di ber who brought the order now. le Q. Was it an order from the chief? A. S Yes, sir; it was an order from Byers. a* Q. He was the chief of the Klan that was jc nto make the raid with another Klan ? k es, sir. I Q. What Byers? A. Charles Byers. S Q. Did he have a Klan ? A. Yes, sir. J Q. How about those Klaus ? you say you T belonged to one Klan?John Mitchell's klan, w and now you speak of Byer's Klan ; tell us gabout the Klans? A. They were near each tl other and members of the order could be called ir upon from one Klan hv the other. ** tl Q. Which Klan was organized first? A. n: John Mitchell's. E Q. How came the other Klan to be or- r ganized ? A. Because they wanted a Klan in ir their neighborhood, sir. ni Q. Now you say you were ordered by E I Charley Byers on that raid ? A. Yes, sir. n Q. Did you go? A. I went to where they p met. Q. Where was that? A. It was on Ro- 01 land Thompson'8 plantation. 01 Q. Whom did you meet there ? A. I met T Byers, Wesley. Smith, Joe Smith and others, ir I don't remember now who. e< Q. Members of the order? A. Yes, sir. I Q. How did you recognize a member of 8< the order ? A. By signs and pass words, sir. w Q. Did you recognize them in that way I ii? * 9 a V tl lllttt IJ1?I1L 1 A. Q. Did you go on that raid ? A. No, sir. tl Q. Why not ? A. Because I had no sad- S die to ride, sir. v Q. Did the others go ? A. Yes, sir. a Q. What was the object of the raid?the ol reason of it? A. The reason that I was told, was that they wanted to drive this negro wo- i ? man from Dr. John Good's premises; that i rr she was a nuisance to his wife and they a: thought it a duty of the order to drive her C away from there. Q. Now tell us what some of the signs and w pass words of the order were? A. This was ci the first sigu (witness here passed his hand tl forward over his right ear.) It was to be ans- tl i wered in the same way by the left hand. This jl is the next sign (here the witness inserted the fi fore fingers of his right hand into his panta- fi loons pocket, the thumbs remaining on the b* outside.) ft Q. What was the reply to it ? A. It was u to be returned that way. [Witness here gave ni the same sign with his left hand.] j tc Q. Go on. A. Then, when yon were sit- J h' ting about, you could give the sign by turn-1 ri ing your [right] heel into the hollow of your j ft foot, to be returned with the left the same i tl way. * ! nl ' Q. Proceed. A. The pass word was, if you j di met any one in the night, you should spell the ! 1>? -word, T-a-jtrland' not pronounce ft; if it was a j member of the order whom you mef^ yoir would spell N-o-t-h-i-n-g and not pronounce ft it. si Q. Any other signs and pass words? A. tc None that I know. I Q. What about that signal whistle spoken ta of in the by-laws? A. I never saw one in fc daylight; I cannot describe it. c< Q. What sort of a noise did it make ? A. I A shrill, gurgling noise. I Q. Who carried the whistle? A. Each o\ member was required to have one, sir. M Q. What was the object of it? A. To give tli signals with. w Q. What did it mean? A. If they were h< moving and the chief sounded his whistle, it di ! meant to stop. If they were standing, the m sound of his whistle meant to march on. of Q. When the Klan was ordered upon a raid how were they arranged as to names, &c.? A. The names were not given; they th were not called by the chief or any one, and bi were not allowed to call each others' names ai on the raid ; they were called by numbers. Q. How were they numbered? A. They ec had different modes of numbering sir; some- Si times they commenced?the first number was one hundred ; sometimes it commenced at five tr hundred, and at other times they commenced Si at one?the chief would be number one and r;y go up from that. 10 Q. How was an order given if a detail was R required ? A. It was given by the Chief. P? Q. He told you what he wanted done? A. or Yes, sir. Q. How did he detail men?by number or he name? A. By number. 2a Q. How would he speak to a certain indi- . vidual in the Klan, and order him to do or H not to do certain things ? A. If it was num- th ber five he told number five to do what he al wanted done. 01 Q. Do you kuow Squire Samuel G. Brown, j th ofYorkville? A. I do sir. He don't live in I of Yorkville; he lives in York county. J ?I Q. Is he or not a member of the order ? A. j ca I heard him say that he was a member of the j he order, sir. th Q. What further did he say about his klan ? or Mr. Johnson. We object. oh Mr. Corbin. We found the constitution and by-laws in his possession, and want to know ' ?r; what his relations to the order were. ' Q. Did he occupy any official position in ed the order ? A. He told me that he was Chief,} or told it to Wesley Smith in my presence, i ne sir. i Mr. Johnson. That won't do. th< Q. He told you he was Chief? Mr. Johnson. I object to this, if the court wo nlpntip ?IU These questions, as eliciting merely the ! cei declarations of S. G. Brown, were ruled out. sib The Court asked witness if he knew S. G. Brown to be a member in any other way than we by his declarations. ou Witness?Yes; he gave me the signs. He an; and Wesley Smith were in conversation ; he we asked Wesley Smith if I was all right.? by Wesley Smith answered yes. He then went the on in his conversation. He said: "Wes., I Eli can kill and whip more niggers with my att klan than all York county put together." I tw< can't state exactly, but I think a majority of A" the white people belonged to the klan. The W< klans that I knew of were Bob Burris' klan, Go Charley Byers' and John Mitchell's. Burris' of klan numbered about twenty; Byers' num- rioi bered about seventeen. I don't know exact- abc ly; there were only these three klans that I Tfo had any thing to do with. John Mitchell hac and others told me that the object was to put bee Jowu Radical rule and negro suffrage, and En [ heard Charley Byers say so, and Burris. I an heard Mitchell say that the raid against Bill Ho Kell was because he was president of the kla league. I found a similar organization in son Whitfield and Catoosa counties, Ga. I at- wei ;ended meetings in Georgia: the first was in ! the: patoosa county. They met to raise a fund we or counsel fees in this trial. whi Mr. Johnson?I hone they succeeded. tha' Witness?They did raise money to send Noi lere. aga EVENING SESSION. W6 The examination of Kirkwood L. Gunn was the esumed. - ... 53 V?. l/u J VU UliV H W. ... y Q. Do you know whether he was a memiroftheklan? A. do not. Q. What is the understanding as to his mnection with the order ? Mr. Stauberry objected to the question, and le court ruled it out. Q. Do you know Robert Hayes Mitchell, le prisoner at the bar? A. I do. I have aown him for two years. I don't know if he J a member of the order. I live about twelve 1 ilea from him. I The witness was here turned over to the de- j nee, and cross-examined by Mr. Stanberry. Q. What induced you to join the K-Klux :der ? A. I was asked by Wesley Smith to in. He said it might go hard with me if I idn't join, It was ray personal safety that id me to join. I was at Mr. .Wesley mith's house, photographing. When I was skedtojoin, nobody else was there. I didn't >in to guard against incendiarism. I didn't now what sort of an organization it was till j joined. It was about two boars after Mr. mith mentioned it to me that I was initiated, ohn Osborne and some others were there. , 'hey read the constitution to me. It was ritten on foolscap paper, and was pasted toether on the side like a copy-book, I tool? ie oath before I heard the constitution. I let John Mitchell, the chief of the klan, for ie first time, on tbeBill Kell raid, The klan let on Barkesly's Hill, near a, bridge on >ullock's Creek. I saw Edward Leech, Harf Foster, and some others there. I didn't leet John Mitchell's klan any more. The ext raid I was ordered on was by the Charley iyers klan, about a week after the Bill Kell lid. We met on Mr. Roland Thompson's lace. Q. When did you make a disclosure to any ae not a member, that you belonged to the rder? A. It was some time in June last, at unnel Hill, in Georgia. I told my brotheri-law, Mr, McCalla. It was before I attend3 a meeting of the Klan in Georgia. When attended that meeting, I had divulged the ?ret; but I went in as a member still. It as in Julv. The meeting was in an old field. attended another meeting, last month, when iey consulted about raising the funds for lis trial. I made the disclosures to others in eptetnber. I told Col. Akerman, atCartersille, Ga. I went there to tell him. He took statement from me. I attended a meeting f a Klan after that, in November. I receiv1 no money from Col. Akerman. It was ever stipulated that I was to receive any loney or compensation. I never talked to nybody else about what I knew, till I saw bl. Merrill, last week, in Yorkville. Q. Where did you come from, when you ent to Yorkville, about a week ago ? A. I ime from Washington city. I had gone lere just to see the city. I had no business lere. I did call on Col. Akerman. We ist talked about matters in general. I came ora there to York. I went to see ray father rst. I left Washington the 23rd of Novemer; got to my father's on Saturday, and on [onday I went to Yorkville. I had no busiess there, but I went to see Col. Merrill. I let Mr. Wallace on the Pinckney Road, and >ld him of the disclosures I had made, and e turned and went with me to see Col. Mer11. I didn't have any business with Colonel rerrill. I believe he said something about le weather. We did not talk any business t all, except he told me to come back next ay. I did so, and he told me to come down ere as a witness. He did not promise me uy money or reward ; nobody ever promised iwiroymbney or reward. I did receive $200 i Washington from Col. Akerman's clerk. I lppose it was to defray my expenses in going > Cartersville. It was sixty miles from where was living to Cartersville. It would not ike that much money. The clerk didn't say r what he paid me the money. He just ranted it out to me, and I receipted for it. didu't go to Washington to get the money, only went there to see the city. I paid my vn way back. In conversation with Colonel [crrill, I was asked to tell what I knew about lese Ku-Klux matters. No compensation as promised me, either of money or of not ring prosecuted. I have had no personal fficulty with John Mitchell. He did tell eto move my photographic instruments out ' the church, and I did it. TESTIMONY OF CHARLES W. FOSTER. He said: I reside in York ; have lived T mrtrt VvAwn nrwl ere since me suneuuci. x woo uum uuu ed there, but went away to a new country, id curae back just after the surrender. I n a member of the Ku-Klux Klan. I join1 about the 15th of December last, in Alex, nith's klan first; then I was transferred to ihn W. Mitchell's. I don't know the date of ansfer. I took an oath when I joined Alex, nith's klan. It was administered by Harr Neil and Jim Arrowwood. The oath was protect women and children, to put down adicalism, aud to put down the league. The malty, if we broke the oath, was the trait's doom?death, death, death ! Mr. Corbiu. What did you understand to 5 the general object and scope of the organi,tion ? Mr. Stanberry. I object to that question, ere is the written agreement: "We are on eside of justice, humanity and constitutionliberty, as bequeathed to us in its purity by ir forefathers. The widow and orphan and e helpless female shall ever be the objects our special regard and protection. We >pose and reject the principles of the Radi.1 party," &c. There is nothing criminal ;re, and I don't think that other parties to e agreement are in the least affected by any iminal interpretation this witness might oose to put upon the words. Mr. Corbiu. How were the objects of the ganization carried out ? Witness. By whipping those who belongto the league. What was the understanding as to the rannr of your operations? Mr. Stanberry objected to the question on 2 ground that the understanding of one in putting a criminal interpretation on irds coula not bind others when the lanage of the obligation was perfectly inno it. The court ruled he question admisile. Witness. The understanding was that we re not to move in the daytime, nor wear r disguises in the day time; not to divulge ything, and to go on all raids when we re ordered, and to put down Radicalism whipping negroes and making them change sir votes. Madison Smarr had a klan, and eazer Parker had a klan over in Union. I ended one regular meeting, and I was at ) to go on raids by order of the klan. The it raid we were to meet at Howell's Ferry, e went to whip five colored men?Charles ode, Edward Leach and ?. The members the klan were disguised with gowns of vans colors and false faces. There were >ut twenty of them ; they were armed, ey whipped Pressley Thomson, because he 1 made some threats, and Charley Good, ause he was said to be president of the ion League. The second raid, we met at old neid on JL?r. >y nitesides place, on the well's Ferry road. Julius Howe led the n that night. We stopped at Mrs. Wat's to see a negro, but he was sick, and we it on to Mrs. Moore's quarters, got a gun re and broke it. At Chance Chambers' got another gun, and at the Byers' they pped somd'negroes. The impression was, t they were implicated in some burnings, ae of the klan had anything personal inst the negroes that I know of. I think were carrying out the general objects of J organization by these raids. I ' [CONTINUED ON FOURTH