The daily phoenix. (Columbia, S.C.) 1865-1878, December 19, 1871, Image 2
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Tues'ay ttormnar. Deoember 19. 1871.
Attornoy-Oeiter*! Oh ?mi) ?9 ri ?tn Drfln
?ng O on ?pl moy-How atacas II el
As .oar roadors know, tba Attorney
General of Sooth Oaroliua bas exouaed
himself from hi? proper duties, and is
asa oersted with the Uuited States Dis?
trict Attorney in the prosecution of th?
oitizeos of this State now uudorgoiug
i trial nuder the Enforcement Aot of Oou
gress. Well did the HOD. Reverdy
Johnson ask him what brought him
there, and why waa he not engaged iu
the coorie of the State? The question
was pointed and telling. Nor did tbe
read; smile of the State Attorney-Gen?
eral conceal from the observer the fact
that. Mr. Johoaon's arrow went home,
and still stands quivering on the po?
lished surface of the arch deceiver. "No
kuight-errant was he," said Mr. Johnson.
We Bhall tell Mr. Johnson who this man
is, and what bas brought him where he
Stauda with unblushing audacity-a fu?
gitive from his own proper functions,
and anxious to escape from the wrath to
oome.
In the opening speech made by Attor?
ney-General Chamberlain for the prose?
cution, he defines conspiracy. Says he,
the self-convicted offloial, "Wo will first
tell what a oonspiraoy is. It is a com?
bination or agreement of two or more
persons, by concerted means, to do an
unlawful act. They may never commit
the overt act, but the crime ?B complete
when the agreement is made, or the
combination entered into. I beg that
you will carry along in your mind thia
definition, and remember that no overt
aot need be proved, but that the agree?
ment, the breathing together, as it were,
to do the unlawful act, constitutes the
gist bf the offence."
Again he says: "Another important
consideration to be borne in mind ?B,
that the law regards all members of a
oonspiraoy as one man. They think
with QUO mind, speak with one voice,
and strike with one arm; therefore, the
law has said that the words, acts and de?
olaratio?B of one are the words, acts and
declarations of all ia'carrying out thc
object of their combination."
We thank the State Attorney-Genera
for the definition. He has made his owe
bed. He has dug his own pit. Thai
God works. He makes the wrong-doei
bring himself to justice-makes th<
wrong-doer wing the very shaft that ii
to pierce him to the heart. We say ti
the Attorney-General, that jost Buoh i
"conspiracy" aa he has defined, in th
case of Mitchell, now on trial for con
nection with Ku Kluxism.'is he deemei
guilty of in connection with the publi
fonds and- the finances of . South Caro
lina.
We have made distinct oharges againa
him, all involving an infamous oonapi
raoy to defraud the people of Sonth Ce
rolinu. He cannot oomplain, if wa hoi
him guilty until he proves himself Inno
cent. In a card published December ?
1871, addressed to as. you complain c
tho vaguo und indefinite character of th
chargea made against you; and yon saj
in oouolnaiou: ttU/dil,[therefore, you ca
make .distinct charges, I pref er to let m
character, now pretty well established, i
this community,-stand against all your a
tacks.'' jfy
You understand the meaning of wordi
If the aboye language means anytbiu
at all, does it not mean that, upon tb
making of distinct oharges, you woul
undertake your defence? Aud yet, a
though some tune has elapsed since tb
presentation of diutiuot oharges egaiut
you? you have been nilen t. Lut ua te
you again that you cannot afford to b
silent against oar attacks. Let us te
you, further, that your character is ft)
from being so well established here e
yon seem to imagine; and that, unhn
you do disprove the charges laid, at yoe
door, silence on your part will be deome
the confession of guilt. We repeat eao
and every charge we have mude: 1. C
connection with the Land Oommissio
swindle. 2. Of connection with tl
bond and finanoe swindles of the Fi na i
oial Board. 8. Of gross criminal n<
gleot of duty as the State Attorne;
General. - 4. Of legal oomplioity wit
the fraudaient drawing up of the mont
Acts of the State Legislature, wheret
yon opened the door to FRATO. 5. (
giving Parker an opinion favoring VRAVI
G. Cf the criminal retention of tl
faithless Eimpton in office.
These are the oharges which we ba'
made against you, and they aro all i
volved in the general charge that we no
make, that all the oiroumstacoen of tl
case, all the faots that, we have, lead irr
sistibly, logically, fairly to the' oonol
sion that you, with Scott, Parker ai
Kimpton, the Financial Board and i
Agent, did conspiro, that is, "oombii
and agree, by concerted means, to do i
unlawful act." And hero let us tell y<
what yoa may "carry along in yo
mind." It is this: That to est?bil
legal conspiracy it is not necessary
prove that parties did in so many word
or in a certain written paper, oombii
and agree to do the unlawful aot. B
the concurrent acts of tbe parties, ai
the attendant oiroumntanoes, make co
elusive proof of the oonspiraoy; altbouj
no line may have been written or wo
been said on the snbjeot. And tbus it
that, in the name of the people of Soo
Carolina, now denied doo repres?ntate
ia tbe government of this State, in all
its departments, Exeantive, Judicial ai
Legislative, we arraign you and your ?
conspirators before the bar of pab
opinion, and oballecge you and tbem
the trial of tbe case. Dare you subn
faillir., bon^a^ We ?eek
iii We are entitled to it. Nor thiuk,
Mr. Attorney-Ooneral. that your legal
attainments and cultivated exterior can
save you before tbe tribunal of the great
public. The proposition that the voice
of the PEoriiR ie the voice of GOD . ia
sometimes disputed. .Rut, rightly un
derstood, it is the troth." The voice of
the people is sometimes the voioe of ao
angry or a foolish mob. We despine
factious clamor just as wo defy the
tyrant's rage. But let as say, that we
have faith in God abd humanity, and
that when the voice of the PEOPLE is
raised in the case of TRUTH, JUSTICE and
luauT, it is the voioe of GOD, and no
mau can refuse to hearken to its decrees.
You, Mr. Attorney-General, wa?, yester?
day, highly complimented by the emi?
nent lawyer, Beverdy Johnson,' for your
distinguished abilities in. the law, and
for the brilliant opportunities which the
future affords to a man nob older than
yourself." All that we have'to say. is that,
great as waa this promise, it only magui?
llos your responsibility for the past of
your career ia this State. We would not
unjustly pluck a single leaf from the
wreath to whioh any mortal man may be
entitled. No such base feeling finds
lodgment in our breast. But it is oar
daty to say that if the history of Eugene
Aram shows that it is possible for the
crime of murder to be associated with
refined tastes and scholarly habits and
eminent learning and mental grasp, sc
it is quite possible for the Attorney
Geaeral to be, after all, the conspirator
and the pablio planderer that out
charges make him, and that his oareei
justifies-possible that he has, af
charged, prostituted to base purposei
and to our deep injury, the talents whicl
God gave him for high and honest pur
poses.
Ia lt a. Case ot C?rblnUm ?ntl Nerrin
Uart
Oar readers will remember the oase o
ReV. B. E. Cooper, or tho - p ri U? ip wi it j
of York, as told by himself; and here le
us add, that we learn that tba Kev. Mi
Cooper stands high as minister and mac
Mrs. Avery, a lady of high respectability
a member of Mr. Cooper's oongregt
tion, having beard of the fact that
colored man supposed her husband to fa
connected with alleged crimea, requeste
Mr. Cooper to ask the said colored ma
to visit her, as she desired to prove t
him tbat his supposition was not we
founded. The oolored man, convince)
gives his affidavit of denial. For th
act the Rev. Mr. Cooper wns arrest*
and required to give bond-the oharg
as he alleges, being that of interferir
with a witness! Since the appearance
the Bev. Mr. Cooper's manly ai
spirited letter-just suoh a letter as
free-born white man ought to ha
written-it opp oars that both he ai
Mrs. Avery have been indicted. W
the people of the country, will the pe
pie of the North, observe the pass
i which we have come? Comment is o
t necessary; but we denounce suoh pi
ueediogs, and hope that the wrong-doe
may be held accountable auder the la
Tho Law'? Dtiliiy-Justice Halting
. We have already stated that the cu
of the Tax-payers of Columbia vs. t
City Oounotl and others, has been BI
ponded, in order to give the prosecuti
leave to amend tbe pleadings. If thc
ever waa a oase thoroughly made up,
there over was a oase entitled to
carried into court, it is this case aguii
the City Counoil of. Colombia. Airea
have wo proved io thia journal all t
octarges made against the parties cc
oorued. In addition to this, Mess
Watica & Baohman and MoMaiter a
L. Conto have furnished affidavits whi
are irresistible. lu addition to this, A
Clark Wadu g himself admits the r
aonubleneas of Messrs. Troy and Fr
estimule of $78,000, when the City Coi
eil hare agreed to pay Allen $133,0
But it will be said that all the o<
tractors of Columbia had the ohanoe
put in their bids. We learn that suol
not the case; that even if they had i
aired to put in estimates, that they wo
not have had the neoessary time. 1
this is a small matter. The whole bi
ness is a corrupt, swindling transact!
No man, no lawyer, no number of li
yere, however able, can prop np or a.
the local dynasty of public plunder?
In the court room, if we can get th
there, we aro confident that all
charges can be made good. Out of
court room, we kuow they can be est
lished. We believe that they are ulre
established. If those people esc
Judge Melton's tribunal, they shall
escape the tribunal of the public,
says THOTH and JUSTICE; and shall
their words stand?
Tho billa nf tho Bank of the State, <
mined by Ruiney, Crews, Boseman
Noaglo, and reported by them dostro
to tbe amount of $1,194,392. Were t
certainly destroyed? Are all the o
mitten certain that they were destroy
as reported? Did tho committee re]
the numbers destroyed? If thoso I
are living, who fathers them? W
the bills were under examination,
the committee have an expert to de
oo uu ter foi ts?
- <-?-?-?
Wo are authorized to say that start
facta are out in connection with the I
Hall swindle. Wo have seen tho prc
Theshell will explode at the right ti
Wo propose, with our friends, to n
apon the State and city swindlers at
right time. Watchman, what of
night? The night is dark, but, Hoi
be thanked, the morning comes and
sun of truth will rise with healing
HIS beams.
Tho First Jury Gas* In I lie United at ?tea
court.
On Saturday last, the caso ol Mitchell!
charged with conspiracy, &c. Waa ar?
gued. Tho State Attorney-General and
the Hon. Henry 8 tan ber ry, ox United
States Attorney-General, spoke. On
yesterday, the Hon. Reverdy Johnson
aud the United States District Attorney
spoke, respectively, for the defence and
the prosecution, after whiob Judge Bond,
after a short oh arge, gave the case to the
jury, composed of ten colored men and
two white men-all, we presume, Badi
oal in polities. The Government will,
doubtless, have it? thanks for the able
and ingeni?os speeches of its represent?
atives. We have oar thanks for the ad?
mirable speeches of Messrs. Stanberry
and Johnson. We refer not to the me
nts or demerits of the specific ease in?
volved, bat to the masterly, though in?
cidental, vindication by these eminent
lawyers of the great principles of indi?
vidual liberty and common law, violated
auder the Enforcement Aot of Congress.
Mr. Chamberlain was artful, ingeni?
ous, and appealed to the political pas?
sions of the jury.
Mr. Corbin was ferooions, and blus?
tered and threatened the whole South
with the wrath of the Government. He
almost rose to the level o! the legal in?
cendiary.
Mr. Stanberry was cool, clear and
strong. He made a close-woven argu?
ment, that showed the logical analysis
and great acumen which have given him
a national reputation, and made him, aa
many think, one of the very best lawyers
at the United States bar.
Mr. Johnson made a brilliant, elo?
quent and telling speech. He rose to
the height of the great argument, and
showed that he folly merits the reputa?
tion he has won as a popular advocate
and a great constitutional lawyer. The
episodes in his speech were as spirited as
the main epic was grand. The points he
made upon the State Attorney-General,
asking him what bronght him therefrom
tbe State oonrts, and upon Major Merrill,
as quasi legal adviser for the prosecu?
tion, suggesting to him, as we have
already done, that his duties were mili?
tary rather than legal, and reminding
him of Sherman's notion that the United
States army officer had properly no police
duties to perform, but should confine
himself to his proper military duties.
These points were very effectively made,
and altbongh the parties smiled, we
presumo they also winced not a little.
Whatever may be the result, tho State
and the country at large aro indebted to
MeaBrs. Johnson and Stanberry for call?
ing in question the violation of the Con?
stitution involved in General Grant's
proceedings in South Carolina, and for
securing a hearing on tbe subject before
the Supreme Court of the United States.
Well douel We send our greetings to
Maryland and Ohio, for their loan of
the intellects and souls of Messrs. John?
son and Stanberry.
Tba Letter ot "Flat Justltl?" from
York.
We call attention to the communica?
tion of our esteemed and influential cor?
respondent who signs himself "Fiat
Justina." It reveals a state of things
not very oreditable to Col. Merrill's rule
iu the proviuae of York. Representa?
tive O'Co ci nell, tbe Fenian patriot from
York, stated in his testimony in the
United Stutes Court, that sinco Col.
Morrill had straightened things up there,
he could revisit his home. He had bet?
ter now call upon Col. Merrill and tell
him that his prosence is needed in his
little kingdom. Col. Merrili may well
look out, or his bloodless laurels may
fade. Already bas Akerman, who paid
two hundred dollars for a Eu Klux Qunn
that would go off without fail, but wbose
Hope somewhat disappointed him and
his sympathizers-already has he retired
into private life. Let others take care,
or they, too, may go into enforoed re?
tirement.
"If words are the daughters of earth,
Acts are the sons of Heaven."
Tho proposition of Mr. Whittemore's
concurrent resolutions, authorizing the
Comptroller-General to appoint counsel
to proceed against the Financial Agent,
&o., is all very well. But a fight is bet?
ter than a show of fight merely. Of this
we feel sure-no one oan put m ooh faith
in legislative talk, until followed up by
legislative action.
Of this, too, we feel sure-auy com?
mittee sent to New York must be compe?
tent, sagacious, and, above all, honest
men. Kirup ton, we aro told, has an ex?
pert book-keeper, and no doubt the
books will seem all right. Look ont for
Kimpton.
THE VERDICT IN THE MITOHEIIXJ CASE
BAUD TO FIX UP.-The jury first come
ont and gave a verdict of "general con?
spiracy" against the prisoner, under no
particular count. The Court instructed
them that this would not do. The jory
then rotired. Again they wore brought
out and the Court instructed them.
They retired and finally brought in a
verdict of conspiracy under the third
count, that is, special conspiracy in pre?
venting tho deoeaaod Capt. Rainey or
Williams from voting at tho election of
A S. Wallace The Hon. Mr. Stanberry
gavo notice that he would make a motion
in arrest of judgment. Thus a new trial
may be insisted upon.
????-? ? -
IT LOOKS LIKE ACTION.-See the le?
gislative proceedings in the House. Tbe
House moves. Will it go on? Can
bribery stop its m ti rah? We hope not.
Messrs. Legislators, be firm. Action is
the wordl
UNITED STATES COUET-UONTINUA
TION OV S ATHIIDA x'o pBOGEaDIW?S. -
I turo now to tbe specific time ?heu
their agreemeot was carried ictp effect,
as oharged ia tb? indictment; the 6th of
March, on the night of whioh Jim Rai
ney waa murdered. Let uo ace if Robert
Hay en Mitchell, with others, did go, at
that time, to off oe t the purposes of their
organization. You remember the story
of Elisa Ramsay, Samuel Ferguson, and
others. You remember Briar Patch and
the rinokney Road, where the four
Shearer boya are sworn in, and where
this defendant first appears? From
thence the marob begins, aud we have
now, for the first time, this mighty con?
spiracy virtually and aotually in motion,
and the evidence tbat points irresistibly
to the guilt of this defendant. They
file off two by two and, under the lead?
ership of Dr. Rufus Bretton, this inno?
cent and charitable society move forward
against the terrible militia. They wend
their way to MoOonnellsville; they go to
the premises of Joe Moore and knook at
the door of Gadsden Steele, and call
him out. Remember, here, that the aot
and word ot any of the humblest of that
cavalcade is the word of all. They bring
Gadsden Steele out and ask him abont
goos. He bas no gun. They take him
to Mr. Moore, who confirms his state?
ment. They then ask his politics. Mr.
Moore says I can't tell a lie for bim, he
voted the Republican tickot. Then,
God d-n you, we'll kill you for that,
says this innocent organization, created
for protection, and with no political
aims. Who uttered these words it mat?
ters not. It was the voice of the orowd.
What do they say when they release
him? "We are going to kill Jim Wil?
liams, and we'll kill all you d-n rascals
that vote the Radical ticket." Yet they
tell ns their purposes were not political.
We follow them. They draw nigh the
dwelling of Rainey; they turn from the
road-side into a thicket and dismount; 8
detail is made and lead off; they are gone
a half hour or an hour; not one of those
remaining hears a breath of a sound
save Elias Ramsay, upon whose ears fal
the ories of a female in distress; the de
tail returns; they mount and gallop off
and not a word has been said of theil
guilty deed till at some distanoe, whet
they stop at a branch. Dr. Bretton re
{?lies to the inquiry "Where is Jim Wil
iams?" "I expect he is in hell by thi,
time;" and he looks at his watch by th?
bright moonlight, and say*: "We've go
no time to spare; there are two or tim?
more to be visited by day-light." Wa
ever morder so cool before? You se
hero the terrible dangers of a conspiracy
There was not a single man in tba
party, perhaps, who oould have been in
duoed to perpetrate alone so foul
crime. But there stood, at Dr. Bratton*
back, seventy men to divide the respon
sibility. Follow them on. We don'
know all they did, but we know of Hirac
Littlejohn-. Gadsden proves their pm
poses as they went, Hiram Littlejohn a
they return. What do they say to him
We've killed Jim Williams and we inteu
to rulo this oonntry or die. Tbe noa
time yon vote, be sure you vote the De
mooratio tioket. This is the voice of th
conspiracy.
Aad now, gentlemen of the jory, Ju:
Williams is dead, and order reigns i
Warsaw. York County is safo. All tb
other portions had been previously sut
dned, and only this little belt was lef
where stood the terrible militia captai
and his devoted followers. Now thu
too, is subdued, and the whites are safe
This defendant, then, was a member <
the order, had taken the oath, was o
the raid, and tho aots and deolaratiot
of his co-conspirators are equally hi
Here is the olose of the first count, (
hinder and prevent future voting, i
sustained by their aots and declaratioi
to Steele and Littlejohn. We say m
thing as yet as to their purpose in mu
dering Jim Williams. I como now I
the second oount, that this defendar.
with others conspired to injure and 0|
press Jim Williams, because he bad volt
und voted for Mr. Wallace. It is hei
that the ohief point of controversy wi
arise. Did they go there to injure an
oppress Jim Williams, because of h
having voted, or beoauoe of the allege
terror created by the militia? This,
least, is not doubtful-the Ku Klux, at
the Ku Klux only, went there, and fi
some purpose of that organization. I
objects were political, and not to disar
the militia, except so fur as the disarr.
mg of the militia might further tbe
efforts to weaken the Radical party,
is at least incumbent upon them to prc
that their purpose was other than polii
oal, and that, in this instanoe, they we
acting contrary to tho spirit of the
constitution and the whole course ai
tenor of their previous and enbseque
oondnot.
Let us direct onr attention now to tl
operations of this klan. We hear
nothing of maoh importance until aft
tho election of 1870. It was formed
1868, slumbered through 1869 to the f.
of 1870, when it springs forth to fi
life and disclosing all its hideous fe
tores; after having striven in vain to pe
auade or alienate the colored race fro
their Republican faith, commences
raid to put down Radicalism. They i
aug?rate a reign of terror and parsec
tiou to the blacks. Hundreds are frigl
eoed from their peaoeful homes at nigl
and ?pond weeks and months couceul
in the woods, without a shelter to shic
them from the freezing cold and wint
winds.
Such was the condition of affairs o\
the entire Oonnty. Radicalism was co
pletely subdued, save in the one dovot
precinct where its banner was still hi
aloft by James Williams and his stur
followers. All bot this little eeotion v
theirs, and tboy turn their eyes upon
and hold council how they may uprc
this last stronghold of their political c
ponente. How will we ornsh the nov
of this militia captain? Why, wu w
disarm him! They attempted, at fir
by persuasion and threats, to induco h
to surrender his arms, and to give hi
self aud his followers over to tho tent
meroies of the murderers of Roundtr
He refused, gallant man that he was! a
though death stared bim in the face,
stood boldly at his post to guard a
assert the rights of his scourged and <
pressed race. I honor him for it. Tin
is not a pulsation of my heart that is t
quickened with sympathy us I recall !
self-saoriticing devotion; aud when t
craven wretohes who oonspireel to r
him to death shall have rotted from I
memory of mau, tho admiration of si
oeeding generations will seek for marl
white enough to record the heroic dee
of this bravo militia captain. Well,
declines their overtures and spurns tb
threats. They determine to disarm h
by violence, and mark you now w
they aro that undertake this praise wort
task. Are they the peaceable and qu
oitizens to whom this dread oaptaiu
alleged to have been suoh a cousin
souroo of alarm and terror? Are tb
law-abiding gentlemen, like tbeee pre?
?nut here aa attorneys for tbs defence?
No; not one of these appears, and only
tbis disguised Kn Klux band can be
fonod to do tbd work. Gentlemen, you
can but know what they went for. Why
did they want those arms? Wby desire
to render this man powerless? It was
for tbe sole reason that Radicalism could
yet be protected in this one spot, under
the gleam of James Williams bayonets.
The defence have adduced some strag?
gling testimony to prove that ho was a
bad man, made threats, &o., but they
bave failed to briogout one iota of evi?
dence to show the *?rst disorderly con*
duct or dangerous act of James Wil?
liams or of bis company prior to his
death. Ou the contrary, he behaved
with extraordinary moderation and for?
bearance; and while the whites are Ku
Kluxing all around him, and he knows
: that ever/ night men of his race are
oom polled to flee from their homes for
protection, he agrees to call a joint
meeting with his enemies, to see if thc
militia arms was what angered them,
and they declared not. Yet it was Jamei
Williams' threats that caused his death,
Bnt do you believe he ever made th?
threats as charged by the defence? Hil
entire past reputation and every act o;
his life contradict it. Who tell of thosi
threats? Only three white men and
three Democratio negroes ever heard o
them until after his doath. That is th<
evidence, aud I do not believe, nor do ]
think that you can believe, that any BUOI
threats ns those attributed to bim wer
evor made by bim, unless, indeed, ii
view of the outrages of the Ku Klux
in which event, they are perfectly juati
fiable. This, gentlemen, isourevideooe
Robert Hayes Mitchell is one of tb
party that went to the house of Jame
Williams on the 6th of March. He wa
along throughout the raid. The ebjee
of the conspiracy war, to terrorize an
intimidate by killing and whipping th
colored voters of York County. On th
6th of March they went for that purpose
and went to inj uro and oppress; and di
actually murder James Williams, bi
cause be had voted. For Robert Haye
Mitchell, wbo can entertaiu a feeliu
other than pity. He was but the igni
rant toel of designing men. Yet h
represents an organization the ewor
purpose of which ie to put down a p<
litical party by killing and whidping i
negro members. I would I could as
for mercy for Robert Hayes Mitchel
Individually he is an objeot of pity; bi
if we lift tho eye of the imagination ac
look beyond bim, wo can see a might
array of bis oo-oonspirators watchie
with anxious gaze the trial of their re]
rosontutive. Let the majesty of the lu
be vindicated to its full extent, kuowiu
os you do, iuat there is a power behic
you to modulate punishment in ocoon
ance to individual guilt.
Mr. Chamberlain waa followed by M
Stanberry, speaking iu substance as fi
lows:
GENTLEMEN OF THE Junv: It is grai
fyiug, not only to my eloquent friei
who has just addressed you, but to all
us around, to noto with what infere
aud attention you listened to his arg
meut. This is a high characteristic of
good juryman. You know that gra
doubts have been entertained as to wb
thor your race-I meau the race of t
of the twelve of you-the colored rac
have arrived at that stage of intelligen
and enlightenment that would flt you
sit iu judgment on your fellow-citizui
So far as strict attention goes, yon ba
-shown u high qualification of a jure
You have listened attentively to c
?Tide, at leset; perhaps it is the side tb
most elicits your sympathy. Now it i
mains to be soeu if you will bear, wi
equal attention, what can be said in t
prisoner's behalf. If so, yon will ba
taken another step iu the demonstrate
of your fitness to exercise this bi
trust. But still, that is not all. W
you hold the scales of justice with
uvi'u baud; divest yourself of all pi
judices of race aud prc-conceived npinic
aud fairly, justly und intelligently <
aide the issue between the Goverumc
sad the prisoner at tho bar. If y
will, then I, for one, am prepared
welcome you with open arms to the f
enjoyment of ono aud all the privilef
of citizenship. This, gentlemen, tl
right to sit upon the jury box, is t
highest prerogative of the citizen. Ye
right to vote and hold office effe
directly only the property of your nei(
hors; but the juror decides and dot
mines tho dearer and more sacred rig!
of lifo aud liberty. Acquit yourselves
this high trust, and you establish ye
title to everything else. Tbe ancien
who were wise men-for surely th
were wise men before our day-were
cuatomed to embody their idea of just
in the representation of a female, heidi
in even poise tho scales, and with a fll
around her eyes, that she might i
neither friend or foe. That is tbe spi
with which a juror should be actual
and if you are not, then yon are unfit
sit iu that box.
When we oame on here, my lean
colleague uud myself, as counsel in th
oases, wo expected to arctic only
legal points, and leave the fuots of
casu to local counsel. Bat insensit
we have buen drawn on, in the tris!
examining wituosHes. Aro ; and, ai
hearing ult the testimony and study
attentively thu manner iu which tl
offence has beeu oharged, we have oe
to the deliberate conclusion that I
prisoner is uot guilty as iudioted. H
arraigned upon one charge, and afton:
ed to be tried upon another. You va
recollect, gentlemen, that yon are
sitting in judgment ou a murder ci
Murder has nothing to do with it.
bert Hayos Mitoholl is ohnrged, fi
that ho, with divers others, did consp
by unlawful means, to hinder and |
vent oortuin male citizens of Afri
desoont from voting at an election tc
held on tho third Wednesday of Ootol
1872. Not to hinder and prevent tl
from the general exercise of their pi
lego, but tn prevent them at a Bpe
olectiou in 1872. There is not a part
of evidence to sustain such aoharge,
that is what is alleged by theindiotmi
and that only ; and that only the prise
io called upon to answer.
Mr. Stnuberry then wont on to si
that the next count, that thu prise
i conspired with others to injure and
! press James Williams, because he
voted ut a particular past election f
particular persou, A. S. Wallace,
equally unSQStatned by tba proof,
admitted that a general conspiracy
been proved, but not suob n conspil
as wus specially charged. He then I
from Greeuleaf, Wharton's Ameri
Criminal Law, und Melcalfe's Massae
setts Reports, to show that a charge <
conspiracy to defraud A was not
fained by proof of a co ns pi ri icy to
fraud Bor thu publia generally-addi
ing himself hero more partioul
to the court; then, turning to
jurors, ho pictured in appropt
I terms the terrible ?Ut? of alarm
inhabitants by thia demon In^buman
disguise, Jim Bai ney; asserting that be
himself, bad he been th ure, would have
joined the first squad that aet oat to dis?
arm. ' Ho showed the criminal partiality
of Governor Scott in arming and array?
ing tba blsoks against the whites, and
oaatiohed, in eloquent terms, the blacks
from presuming that they would be al?
lowed to go one step beyond their white
brother, or assume superiority to bim.
He told them that he came from a dis?
tant portion of the Union,. where the
people were not immediately interested
in the political differences here, bat that
the moment they (the blsoks) manifested
a disposition to over-ride the Anglo
Saxon race, the day of their political ex?
istence would be fixed, and their doom
inevitable. ?
Mr. Heek ?ad Military Uw IN tala
?tat?.
Among the best and ablest members
of the United States House of Bepre*
tentatives is the Hon. James B. Beek, of
Kentucky. On the first day of the pre?
sent session of Congress, he introduced
f n the House the following r?solution :
"Resolved, That the President of the
United States be, and he ia hereby, re?
quested to inform this House auder
what provisions of the law of April 20,
1S71, if any, and if not nnder that law,
by what authority, he has caused the
Constitution and laws of the United
States, and the Constitution and laws of
the State of South Carolina, to bo set
aside, and martial law declared, and the
writ of habsas corpus suspended ia Spar
tan burg. Union and seven other Coun?
ties in the State of South Carolina,
whereby the courts and civil authorities
are unable to afford protection to the
lives, liberties and rights of the people
therein, and all of them left at the meroy
of such military subordinates as he has
seen or msy see fit to place over them.
He is specially requested to lay before
this House all the acts of insurrection,
r?sistance or opposition to the laws of
the United States, committed in each of
those Counties at anytime after the 20th
of April, 1871, prior to the date of bis
proclamation of martial law, giving the
character of the offences, the facts rela?
tive thereto, and the names of the offend?
ers, so far as ascertained. He is further
requested to lay before the House aoy
oases of resistance to the ex?cution of
the prooess of the civil courts, or the
officers either of the United States or of
the State of South Cat olin?, by any of
the oitisens of any of the Counties in
whioh the guaranties of constitutional
liberty have been annulled by his procla?
mation sforesaid, since the passage of
the Aot of April 20, 1871, aforesaid; and
that he give the names of all of said citi?
zens who have been arrested or impri?
soned under and by virtue of the autho?
rity conferred by his proclamation, with
the violation of law with which each is
charged, and the dates at whioh it is al?
leged they oom m itt od the offences for
whioh they wore BO arrested and impri?
soned; and that he give this House foll
information as to all the statements of
faot on whioh he acted io issuing bis
proclamation aforesaid, giving tbe names
of his informants, their statements when
made to him in writing, and the sub?
stance of them wben made verbally, so
that this House can determine what
steps are necessary to restore to the citi?
zens of the Counties aforesaid, and espe?
cially to those who are not guilty of
offences against the United States, the
equal protection of the laws with the
people of other portions ot the country,
under the forms prescribed by the Con?
stitution of the United States."
We hope that the House may adopt
thia resolution. We feel satisfied that
tho country does not appreciate the
enormity of the military proceedings
that have been carried oat ia this State.
Consider the President's two proclama?
tions and tbe facts of the oase, and the
whole proceedings in this State will be
deemed most extraordinary. Proceed?
ings that would have set all England all
ablaze have, however, been received thus
far quietly in this so-called land of con?
stitutional liberty. We have said it, and
we repeat it, that Grant's military inter?
vention in this State was without just
oause, and that a serions roeponsibility
now rests upon him and those who
hounded on this war upon Sonth Caroli?
na, for the serious damage inflicted upon
the - industrial interests of the State, to
say nothing of the disregard of the
usual privileges of freemen. Let the
country have the facts that Mr. Beck
calls for, and then let the oountry judge
between ns and oar foes.
A VBBT PROPER REMINDER.-The
New York World very properly reminds
the Republican press of something they
seem to have forgotten :
We have no desire to defend the kill?
ing of the Cuban students who violated
the grave of a Spanish loyalist, but it
does seem somewhat strange that the
most earneat denunciation of their pu?
nishment shonld como from journals
whioh, during our own oivil war, were
apologists for the abrogation of all forms
of law in treating with those suspected I
of disloyalty. Not only tho-army im?
prisonment of untried citizens in Fede?
ral beatties, but even the Lynohiug of
sympathizers with secession was con?
doned by these same journals, on the
gronnd that no meroy was merited by
those who sought to betray the de jure
government, and death would have
been deemed too mild a penalty for the
rebel who desecrated a Union soldier's
grave. The distinction between treason
and patriotism may lie somewhere about
the boundary line between the United
States and Cuba; but as regards the me?
thods adopted to crush insurrection, oar
Republican contemporaries may be re?
minded that "they who live in glass
houses should not throw stones."
Florida Indians, so long silent, are
beginning, so it appears, to grew restive
under their peaceful yoke, and are now
preparing to follow tho war trail, or
rather they are reported doing so. The
Peninsula saya on the night of the 30th
ult., two Indians, a man and a boy, osme
to tho honse of Mr. Wm. Willingham,
on the Eatapoga, twelve miles South of
Fort Meade, and intimated from their
talk that they soon intended to go to
lighting. It is also reported that Capt.
Jobo Montes de Ooo, the Indian Agent,
anticipates a break-oat sooo.
^ ? m
A man in Taunton, Mass., bas been
fined $6 for spitting tobacco juice on a
church carpet.
Om MATTJBBS.-The prioe Of ?ingie
copi?e of the PHOENIX ie five cents.
The PHCHNIX office ie supplied with ?ll
aeoessary ?asteria! for as bendsoswoard?,
bill beads, pouters, pamphlets, baud-bills,
circulars, and other printing tbat maybe
desired, as ?ny office iu the Booth. Givu
QB a call and test oar work.
In looking ap Christmas pr?sents?
don't forget tbat our old fellow-oitisens,
Messrs. Stanley and McKeuzie, are in
the ring, with lots of fancy as well as
useful articles. Examino their goods,
bj all means, before making purchases.
GOT. Scott bas made the followiog ap?
pointments: Notaries Publie-James W.
Williams, for Beaufort, and Henry Jones,
for Edgefield.
Old Dan Rice's highly-popular Paris
Pavilion Oiroas opens in Columbia, on
Levy's lot, to-day, and continues to mor?
row-two performances eaoh day. After
the many favorable notices of it which
we have already published, the mere an?
nouncement of its arrival is sufficient to
crowd the comfortably-warmed canvas.
A shooting match took place, y ester-fa?
day afternoon, between two men con?
nected with the show on Assembly street,
in which one received a shot in the face.
Nothing serions.
We call the attention of purchasers to
the advertisement of Messrs. Brook
banks A Parker, who have jost received
a floe lot of fruit, with a full assortment
of new toys and also a lot of Canary
birds, suitable for Christmas gifts.
Parties interested in the game-cook
fair will remember that it commences to?
morrow. Entries can be made up to ll
o'clock on that day.
MA.IL ARHANOKMKNTS.-Tho Northern
mail opens at 8.00 P. M.; closes 7.16
A. M. Charleston day mail openB 4. OU
P. M.; closes 6.00 A. M. Charleston
night mail opens 6.30 A. M.; closes 6.00
P. M. Greenville mail opens 6.45 P.
M.; oloaes 6.00 A, M. Weipra mai!
.pens 9.00 A. M. ; ol OB es 1.30 P. M. On
Sunday office open from 3 to 4 P. M.
PERIODICALS.-Le Bon Ton-one of
the leading fashion monthlies for Janu?
ary-bas been received. Colored and
plain fashion plates are its principal at?
tractions. S. T. Taylor, S91 Canal
street, New York, is the publisher.
The January number of Peter?' Mu?
sical Monthly is a perfect gem, and the
attention of music lovers is directed to
its many attractions. Thirty-two pages
of music in this number. J. Li. Peters,
599 Broadway, New York, is the pub?
lisher.
The Southern Musical Journal, pub?
lished by Luiden & Bates, Savannah,
Ga., is worthy of patronage. Besides
sheet music, it contains a large quantity
of useful reading matter.
Qood Words is the title of an excellent
religious monthly, edited by Norman
Macleod, D. D., and republished by J.
B. Tappin cutt & Co., Philadelphia.
Vick's Illustrated Catalogue, for 1872, ia
one of the handsomest aud moBt tasty
publications of the kind we have ever
seen. A photograph of the proprietor
of tho well-known Hochester (N. Y )
nurseries, James Viok, Eaq., embellishes
the work, whiob, besides an extensive
prioe Hat, contains illustrations of many
of the products of the seeds, etc., which
bc offers for sale. The atteutiou of
florists is called to this work.
LIST OF Nsw ADVERT?S HM aNTa
To Bent-Rooms.
John McKenzie-Toys, Candies, Ac.
Duffle A Chapman-Holiday Books.
J.T. Flanigan & Co.-Boots, Shoes, Seo.
W. B. Stanley-New Goods.
Brook blinks & Parker-Christmas.
E.. Hope-Christmas Goods.
Win. Gorman-B?rrele for Sale.
Independent Fire Company.
John H. Tillingbast-In Memoriam.
W. Muller-School Notice.
E W. Seubels A Co.-Farm for Sale.
Mammoth Raffle.
W. R. Cathcart-Meeting.
OFFICIAL. RAFFLE N UKBKBS Charleston Ch ari
table Association, for benefit Free School fund:
Barns CLASS NO. 252 -Morning, December 18.
71-68-3-38-23-25-67-73-12-22-2-46
Wi tn eau my hand at Charleston, thia 18th day
of December, 1871. KENN PECK.
Deo 19 Sworn Commiaaiouur.
MANU TAC ru in NO ENTEBPBISE IN CUAKI.ES
TON --Charleston ia faat becoming a manu?
facturing as well aa a commercial city. The
largest manufactory of doora, aaaheB, blinda.
Ac, in the Southern ?States ia that of Mr. P.
P. TOALS, on Horlbeck'a Wharf, in thal city,
salea rooma at No. 20 Hay no street. Mr.
TOA LE'S advertisement appears in another
column. Nov 2?
To Rent,
TWO BOOMS, partially furnished. In?
quire at corner of Richland and Sumter
atreeta. Deo Bi 1
For Sale,
EMPTY WHISKEY BABItELS. Ap?
ply at the Columbia Hotel.
Deo 19 |8_WM. GORMAN.
Capital Building and Loan Association.
STOCKHOLDERS of thia Aaaooiatlon wiU
attend regular monthly meeting at the
Hibernian Hall, THIS (Tuesday) EVENING,
at 7? o'clock. Instalments wili be received as
Gsu.I. W. P.. 0ATH0ABT,
Deo 19 1_8eoretary.
KRI3S KRINGLE 18 COMING!
MCKENZIE'S SH0W-B00M
WILL BE
OPEN THIS DA71
A LARGE stock of TOYS ind FANCY Alt
J\. TICLES will be on exhibition. Call and
hs convinced. JOHN MCKENZIE'S,
Deo 19 6_Main atroet.
Brookbanks & Parker,
MAIN STREET.
Christmas! Christmas!! Christmas!!!
SUPPLIES have arrived, oonaisting in part
of the following artinlea: Choioe Sweet
Orangea, fitio. large Banauaa, large Bed
Apples, fresh Malaga Grapes, new Honey
Dates, Meaaina Lemons and other Frait, with
Confectionery of Hogar-Pluma, Gum-Drops,
assorted Lozenges, Fig Paste, Christmaa
Sugar Toya, Ao ; beaidea a full and new stock
of Prenoh and Gorman Toya, auitable for the
Cbriatm a hobday*, aud an extra qaality of
Canary Birda, warranted to feing; all of, whiob.
ar* offered at reasonable prices. Deo 195