Historical Newspapers of South Carolina

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COLUMHIA. s. c. Wednwiay Morning, December 80, 71. ??MgreaaioBia Intervention. Th? Washington correspondent of tho New Torie Tribune says that "Gen. Bntkr ia examining the anbjeot of State indebt? edness, i te magnitude and prospective in? crease. Ol ooaree there ia authority now for the Federal Government to in? terfere with the rights of a State in this particular, but it is doubtful if the peo? ple are ready" to take ?his additional stop towards centralization." Au ex? change well saya that thia "shows what strides Congress .has taken in the last ton years, It now olaims the right to supervise and regulate the local affairs of the States." Thia is true. At the same time, we cannot see how Congress; to be consistent, can take hold of one State matter without also concerning itself with other State matters. Take the casi of, South Carolina. Under an Act ol Congress, made and provided for thc purpose, General Grant, under the pre? text of protecting citizens in theexeroisc of the electivo franohise, has made cruel war upon this State, aent hither hil troops, established a military regime, arrested a large number of oitizens, anc seriously damaged the interests of om people. The power of the Governmen has been mercilessly used to put dowi what ia alleged to exist of a oertaii organization called Ku Klnx. And ye the Federal Government never deemed it its duty to put down the Loyaiiieaga? organization, the causo, in part, of tb* Kn Klux organization ; nor has it deemc< it ita dnty to protect the whites of th State against the infamous plunderer who have been so long preying upon ou people, and who largely contributed t mako Ku Klaxism. General Batle wants to make the Government oonsisl out. If tho Government is to interven and put down Kn Klnxism, why ahoul it not intervene and nae ita strength t pnt down the State robbers and bon swindlers? The Attorney-General of th State has been helping the Governmei to put down Ka Klaxism. Let the G< verament now undertake to put dow officiai corruption, .and among the fir for it to Beize will be the Attorney-Gen ral himself-the legal help and agent * an infamous ring. We hope Gener Butler will look into our State indebtei noss and the rascality of our offioial If the General Government must inte vene, let it intervene in another bebo besides that of Ku Klnxism. It w find that tho present prosecutors ha at least one "thief, guiltier than hi thev try." If they did wrong who hm Captain Bainey or Williams, of Scot! militia, did they no wrong who ha plundered our treasury, excited ot lawry and Ku Kluxed the credit and tl prosperity of a whole State? " Tbe eily Connell of toiumbu AXovIn We learn that the Major and Aid? men of thia city, nuder the hard pr< euro to whioh they have boen snbjeotc have gone before the Legislature witl memorial, asking for authority to iss oity bonds. We have not yet seen t . memorial, but. we learn that it begi with an assault upon the PHCENTX. \ shall meet the issue just as soon as t dooumont appears. Unless we are gre ly mia take n as to the power of tr ul . thia Oounoil will yet find that no effrt tory on their part will save them fr< the withering blast of tho popular ind nation. If the Legislature will hean . we will beat them before that tribun just aa we have already pat them to ct f asian before the tribunal of the citizi and tax-payers. That weighty Aid man-Alderman and BepreBentativ? Simons, has ch argo of the momori Is he concerned about his market jc Beaten before the oity, these people to tho State House. Perhaps they n not find the help they expect. . Hr, Corbin Correr.teil-Justice to Ch Justice Taney's Memory. Mr. Corbin; in the Mitchell co having retailed the error that I Taney had said that tho negro had rights whioh the white man was bot to respect, was corroded by the H Reverdy Johnson; who stated that 1 Taney had never uttered any snob sei ment; but in the Dred Scott case, 1 siid that, as a matter of historical rec and legislativo truth, the legislation certain Northern States had been ba apon tho idea that the negro had rights which tho white man was boi to respect. Mr. Johnson went.on say, that it was not true that Mr. Ta entertained or ever expressed for him any such sentiments. "Let the maj OB ty of the law bo vii cate tl to its full extent," said Atton General Ohamberlain, in his speech tho prosecution, in the case of Mite , in thc United States Court. So say pnblio. Let this "majesty" be vi cated even though it shall involvo Attorney-Genorul himself. Let us 1 ont for the financial Kn Klux-of wi Scott, Parker, Ohamberlain and Ki ton are chief-the Financial Board their agent. Pursue Ote ring. Mr. A. H. Stephens is hopeful. Bays: "Lot tho Domocraoy bo of ( oheer. AU that is necessary for t complete success next year, in rcsci the liberties of tho country from an ponai despotism, is that wisdom ii onced by patriotism whioh shall sc confidence, union, harmony, coi and enthusiasm, on the part of thoi the United States, who are earnestly posed to tho usurpations and oorrupt whioh have marked tho progress of I cal misrule for tho last flvo years." Share in tho hope thus expressed. -np w-:-1 11 ? . . ? 1-:--j-7~" THE UNITED STATES Oraourp COURT TRIAL OK EU KLUX OASES -MONDAY, December lo.-Tho c?urt convened at ll A. M., HOD. Hugh Ii. Bond and Hon. George S. Bryan presiding. Mr. Johnson closed the ^argument for the defenoe before the jury". He com? menced by disclaiming- fo* -himself the I cherishing of auy prejadioe of race, and deolared hie assurance that tho jury would not be influenced by any soon motive in the rendering of their verdict He said : I have never entertained a doubt that we, the OaucBBiau race, and you, gentle? men of tho jury, are the children of one common parent-differing, indeed, in the oolor of the skip; and a few points of personal physique; but, asl am firmly convinced, endowed with the same men? tal faoulties, i possessed of similar in? stincts, servants of the same God, des? tined by him to the same high ends, and equally accountable to him for the acts committed hore on earth. If some oi yon have been unfortunate in your edu? cation, it is from no fault of yours, bal is your misfortune, and the misfortune of our common country. I, for one, .have ever believed you entitled to all thc frights and privileges enjoyed by yom white brother. Ignorance, gross ignorance, may oom fort itself with the enjoyment of some thing of happiness while in n state o slavery. The mere comforts of the pny sical man may be his. The love of hil wife and children may cheer bim, ba happinoss, in its highest and most com prehenBive sonse, is not his lot. There is nothing more true than th assertion that slavery takes more thai half tho worth of life away. In rn; mind, it takes al). Oar noble forefather have said, in that grand charter of ou rights, the Constitution, that all mei aro endowed with certain inalienabl rights, tho chief of which aro life an liberty. They plaoe the latter upon th I same grounds, and give it equal prom: nonce with the former; showing that, t their minds, life was not worth the ha\ I ing un lens accompanied with liberty, trust you will do me the jaatico, genth men, to bolicvo that I speak from m heart as well as from ray head. Slaver I bas been the ourse of oar age, and tl only palliation for oar offence is, that was not an institution of our formatioi but was engrafted upon our land by tl mother country. Fortunate, indee? wa* the day of its abolishment. Tl maroh of civilization, Christianity, ar a more enlightened humanity, has taugl the universal world that it was not on I wrong and inhuman, but pernicious. Tho late war, BB you know, coi monoed in 1801. South Carolina fir? the first gua in that mighty conflit I that has resulted in the death of so mai of our bravest and best citizens. Wb< I say she fired the first gun, I do n I mean to insinuate that sho did what s I thought she had no right to do. Mai of oar best, purest, most patriotic ai learned oitizens conceived that the Co I stitntion not only did not prohibit t I withdrawal of any Stato from the Unie I bat allowed it. South Carolina aoted I she honestly thought right; bat a acted wrong-fatally wrong. I am r. I one of those who behove that the gri I rebellion was the work of a designi I few, but I am convinced that the gri I mass of the Southern people were Iii I with the zeal of a mistaken pa'riotis I and aimed honestly for the raaintaini j of what tboy believed to be thoir rigb I Bat the war has ended, and ended j saoh a manner as to crash forever th? I erroneous constructions of tho Oonsti I tion; and those gallant, though n guided men, who, for four long yen j waged that terrible conflict that she to their contre the foundations of < I Government, and who nlmoat surpass in daring and manly fortitude < grand old ancestors of revolationi I f arno, have laid down their arms, t j cordially accepted tho terms of poa They are bound now in a oommon c j tiny, and ar? as willing to defend, t as eager tb promoto, tho prosperity t I happiness of oar country, as any c] I of mon within our wide domains. Y as slave, need never apprehend a ret I to servitude. I speak from u knowle' I of tho men of the South, when 1t that they would resist with all tl chivalrous valor any attempt, should s I bs made, to fasten upon yoa the fei of bondages. Slavery is now dead, i I dead forever, and I thank God fox There is ono other point, in referenci I which I desiro to make a few remu: Tho At tor ney-Gene ral, Mr. Ch ami j lain, in opening this caso asked, "Wi I are tho parties to this conspiracy, 1 I they do not come forward and roi cu o t distressed brother, by proving their ] j poses guileless? Why have tuoy broc distinguished counsel from abronc represent them? They have come," i I ho, "in the disohargo of their prc aional duties, and not as knight-errn to do battle in behalf of imprisoned Klux." I desire to ask him what brings here to engage so aotively in the pr cation? Tho sphere of his ofBoial < is to vindicate tho laws of South C lina and attend to hor official mat I It was his duty to prosecute I convict those defendants in criminal courts of Soatb Carolina. I do not imagine that ho is a kui errant, but that ho is here, not by call of ?ovo, but a retainor, and a h I soma ODO, I bavo no doubt. My league and myself are hero, as ho, purely professional oapucity, and a shall severally discharge our respe? duties, should we merit praiso or re? condemnation. I listened to bim Si day iu his masterly effort, and I ? say I never hoard a grander displu eloquonoe, legal knowledge and Io forco. If he pursues bis profess studies with such ability, I predio I him a speedy riso to tho boad of bis fes8ion. But bo will have you t that I and my distinguished colle aro hero to justify and palliate ci Ho mistakes. I bavo listened with oning horror to the reoitnhi of t dreadful crimes 1 cannot juslif would not try to palliate them, violate every instinct of nature, roli bamanity and manhood. Tho men perpetrated thom were acting undo pulses that deadened equally their mont and thoir moral sense. The; live to regret it, and if justioo doo! overtako them at tho bar of this c that still, small voice, that s] through the heart, will make its sonco felt; and if it has not yet BI so as to startle them, I trust it wil fore they aro called above to answi 'oro tho throno of tho Almighty Ra tho universe; so speak as to make ponitent, and that from their pani and subsequent couduot.Jthoy may Divino pardon. If I thought this defeudant a derer, ho would Hud no defender i Wo aro boro for a far different phi Wo believe, and I think may be par? doned, ou account of oar long expe rienee, for believing, that we understand (lie political institutions ol uur ccuntrv; and we deem tbe two Acta-the Aol of 1870, known as the Eoforooinout Aot, ?nd the Act of 1871, auder which this Indictment ie laid-tb be unconstitu? tional, and in violation of the rights of all the States. We have come here, then, to raise this question in the Supreme Court, so that the true construction of the Constitution may be elicited, and these iniqnitous enactments expunged from the statute books. We have suc? ceeded in part. The court has divided upon ono'question, and they have under consideration two more. There will be one, at least, to go there, and I hope I may be allowed the pleasure of meeting the learned Attorney-General in thal arona, if he can be so long absent from his official duties here. Let us look now, and see what charges are embraced in this indictment. Originally, there were three con nts, charging separate auc distinct offences. The first was, thal tho defendant, with others, conepirec with others to hinder and prevent, by intimidation and other unlawful means diverB male citizens of African deacon from the free exeroise of the right ant privilege of voting, at an ?lection to bi held on the third Wednesday of October 1872. The second was, that he oon spired, &c, to deprive James William of the right to keep and bear arms. A to the validity of this count, the oour announced itself undecided, and th District Attorney, almost with eatha siasm, announces that he'll abandon il though he had previously declared it o the most vital importance. But I thin he has a lingering ho e still to provo th first and third ooun' ?, by his oharge i the second. The th d count does nc oharge tbe crime ot preventing poe Williams from the freo exeroise of hi right to vote in 1872, but that they pt niahod him for voting for A. ti. Wa lace, in October, 1870; that they went t his house, on the 6th of March, 1871, t injnro and oppress him for voting for A S. Wallace, six months before. TL conspiracy, then, as charged in tho fin count, is against tho olootive franchit in 1872. Now, what is tho evidooci There is only one of tho witnesses-M Gunn-who asserts that tho purposes < the Ku Klux organization woro to 1 effected by the assassination of the whi and the scourging of tho blnck liadioal Some say the latter; but Gunn stan? alone as to the assassination. Ii tut. is any inforeuoe to be drawn from ci oumBtances, I say there in not a partie of credit to be attached to his stat men ts. When did he join? In Jun ary, 1871. This man, who dooma it L duty to tell all ho knows about tho c ganizatiou, says that he knew, when 1 joined it, that its object was assassin tion. lie went upon two raids, with full knowledge of this horrid purpoc and, wben upon the stand, did not blu to tell yon that, away six months aft< wards, he felt it to bu bis duty to divul these things. Mr. Corbin here interrupted ni Johnson, saying that he was mistak in regard to Gunns going upon a raids. Mr. Johnson-Well, such certainly my memory of the testimony; but, course, as the District Attorney had all ant and dried before-hand, and wr ten out on paper before him Mr. Corbin-I did not have it writt before mo. Mr. Johnson-Well, then, the loam District Attorney kept his eyes upoi paper before him ?iat had nothing writ upon it, that's all; and whether he b the testimony written or not, he 1 there sitting beside him a friend, w was fully possessed of all that the v. nesscs were instrnoted to say, weeks I fore this trial. I do not mean the Att noy-General, but Maj. Merrill, who i at his back, aoting the quasi legal ad vis and manifesting au astonishing deg of interest in this prosecution. Do think mo os casting any insinuate upon the gallant major. He has act I presume, under the orders of bis periois; bat I can bat say, with 1 commander-in-chief of tbe army of t United States, "I think an officer of army might be better employed." 1 whether Gunn went upon tbe raids not, ho entered as a member, goes Georgia, aud piuys the false friend, had taken a most solemn oath not to vulgo tho transactions of tho order; when Mr. Akerman, the late Attorn General, comos within sixty miles him, he is suddenly impressed wit! high sense of duty, aud goes to seo h finds him, and tolls him, from pure triotism only. He had no hopo of pr -oh! no, not at all. He is inspired tirely by a fueling of justice to outra, law, and a desire to break up that n derona conspiracy, of which he had h self boon a member. Ho returns ho: and, after two weeks, he has his curio; aroused to see haudsome things; and, love of tho elegant arts, he visits Wo ington, to gaze upon its architect! beauties, traverso its magnificentsqua and minglo in its relined sooioty. W there he goes around, morely to pe sooial visit to the Attorney-General; while in tbe act of coming out, for assignable reason in the world, the toruoy-Goueral's clerk pays him $! But ho says ho didn't get any rowi I ask you, gentlemen, is not tho pi conclusive? What is that $200 dc there, and why did tho clerk requii receipt? It was because the money been promised him in Georgia, says he doesn't know what the mc was for-conjectures that it was to his expenses to and from Cartorsvill Tunnel Hill, iu Georgia, a diatanc sixty miles by railroad, and the fare which couldn't have oxcoedod $10. J generous Col. Akermun is with tho ) lio money! If ho hud paid him as his friend, f his private purse, all very right kind, perhaps. Bat tho money co from tho public purse, and it must 1 boon for public services, or else thc tornoy-Generul would havo laid bin liable ns n defaulter. What, now theso other witnesses say, Mr. Culd' Foster, and others-who wore like members of the klan and initiated al same period as Gunn? They oaoL yon that they concoivod tho object ol association solely for self-proteotii tboy were seeing thoir homes cousu by the iuoendiary's torch; the hot lighted up for miles around with bin conflagrations; their wives and ohil frightened, und aims, too, placed it hands of au antagonistic ruco. \ kind of arruB? Squirrel rifios? Sj ing guuB? No, nothing of tho kind tho most deadly weapons knowi modern warfare-breech-loading Sp field rifios, that kill 1,000 yards, ant with such rapidity that a porson h cease firing for thom to cool. The flagrntions gleam far and wide, and poor lady, as abo Hos down with ht fant at night, fears to find her home a nines of obarred mina ia the morning, j What'* a husband to do antler such cir j enmstances? w^hat a> t>rnth?f. ?hat a father, but to combine for self-proteotion? This is what these four witnesses for the prosecution tell yeo. The Dis trio t-At tornej mast believe them, else why bring them here? Can he ask you to believe a part of their testimony, that suits his pu rposes, and discard this? I think not. Suppose, now, gentlemen, that the whites had so tlneatened. and alarmed the blacks, would anybody blame them that they combined for self-protection? This young man, the prisoner at the bar, joined the association in 1871. He attended bot one meeting, and went apon bat ona raid. Now, what was the object of that raid? The entire tes? timony, both of the prosecution and the defence, goes to prove that the parp?se was to wrest the arms from the hands of the threatening and defiant militia com? pany, of whioh James Williams was cap? tain. They went upon the raid; they sought guns; they got guns; they return? ed with guns. Aud there is not one tittle of proof that this young man en? tertained any othor idea than that of ob? taining the arms ol the militia. That may be an offence, gentlemen, but it is not charged in this indictment. This defendant was no moro a party to the hanging of Raicey, than the four mem? bers of the klan who have testified against him. He remained with them at the horses, and took no part in the tragedy. I don't suppose you would convict thom, if they w'ere on trial; and he stands precisely on the same footing with them. They wero on tho samt laid. He did nothing more than they, and you have no right to assume that he was aotuatod by any other motive than that which they declaro to have prompted them. Yet you aro asked tc convict Robert Hayes Mitchell, becaust Dr. Bratton and some others purpe trated a most foul and disgraceful mur dur, on the Gth of March, upon om James Williams, and because, upot another raid, some other parties wen gnilty of the revolting crime of beatinj and lacerating poor, unfortunate Amz Rainey. But, gentlemen, I am wearin) out my own strength, and, doubtless taxing your patience over-much. I ebal touch bnt one other point, and the: olose. ' The Attorney-General Bays it wa a horrid organization-this Ku Klux to put down, uot erroneous principies o government, but the Radical party, should like to ?IuGr/ Y,hut thc league VTS? if its object was not to put down tb Democratic party. But, gentlemen, suppose that thee Eu Klux apprehended what might b tho result of placing tho government c tho State in Radical hands; supp?t that thoy feared that their taxes woul be quadrupled; tho oxpenses of tho Gi vorn mont increased to a fabulous arnon u that an era of corruption would bo ii augurated that should pervade ever branch of the Government, l?gislatif and executive; suppose they believe that nuder Radical rule a debt of $3,000 OOO, which remained with their in poverishment after the war, would be ii creased in three years to upwards < 820,000,000, and that the fair fume i their beloved State for financial in tegri! would tbus be crushed in one fell bloi suppose all thcae things, gentlemen > the jury, and tell me if such resul were reasonably apprehended? It was felony to conspire to put down the Rad cal party. Don't understand me to st that there are no pore and patriotic nu in the Radical party. There are got and bad men in all parties. But in the evil days that wo have fallen upon, tl taint of corruption seems to have touch? everything. Remember, gentlemen, wi Sonth Carolina is, or rather, who w South Carolina iu former times. In tl days of her Marions, her Somters, h Moultries, who, with dauntless heal and unexampled skill, built her revol tionary fame. Who was she, when re resented by a Finokney and a Rutledg in the days of the constitution, wi afterwards in her Lowndes and Callion Think what she was then under th? management-peerless in her finano faith, and commanding tho coundon and admiration of the world. Tu think what Bbs is nowt and then cc demn her sons that they are restless her day of troublel ' Mr. Corbiu followed Mr. Johnson u: closed the case. MAY rr PLEASE THE COURT AND GE TLEXEN OF THE JURY: It is, indeed, wi pleasure that I announce to you the i proach of the termination of this lo and tedions trial. It is, doubtless, gm tying, both to yourselves and to t Court. Yon have Bat patiently, d after day, listening to the discussion legal points, of which you aro supp?t to know nothing, and the examination witnesses has been detailed and tireson The Court having allowed the utm latitude in this respoot, in order to t fold every feature of this monstrous ot spiraoy, that would tend either to condemnation or excuse, or palliate excesses. Whatever I have done or sa or am about to do cr say, has beon, n will be, done and said solely in tho d charge of my public duty. I -shall i address myself to any matters foreign the issue before me, nor indulge strains of eloqnenoo intended for otl ears than yours, as have some of I distinguished oonuaol before me. I here merely to represent our migl Government, of which it has been tr said none are too high to feel its pow none too humble to receive its pro tea ti We have passed through a coolary in last four years. Tho colored raoo, I yesterday slave, now assume control the Government. 200 years of bouda thanks be to Qod, are now onded; r tho slaves, ouoo drivou with the cr lash, now steps forth in all tho maje? and vested with tho full rights, of Amerioun citizen. What we havo tempted to show in this case is timi tb uowly acquired rights have been o spired against, and an effort made overthrow them eutiruly by a cort class of people banded toged ! mr uu tho name of Kn Klux, lint I will digress us they have done. What is defendant iu this oaso charged wi The first count is Unit he conspired A, others to hinder aud proveut, by thro intimidation and violence, divers u citizens of African dosceut from tho I exercise of tho right of voting, in election to bu bold on the third Wodi day of October, 1872. Tho first qt tion for your inquiry is, did such a c spiraoy exist? Next, was this defend connected with it? Did such a conspiracy exist? I th wo havo established that fnot boy peradventure. Wo havo hero tho < stitution and by-laws. We have dn out tho confessions of a number ol members, aud wo have tho uuoou dioted and indubitable testimony thoso who writhed beneath its iuhui soourgiugfl. First, thou, as to tho c nutation. There hua been not even an effort made to- dispute ita identity. What does it say? "We are on the aide Of hnrrmnitv." that will do. Next, "WA are on the aide of justioe." There ia no objection to that, but may God deliver us from each justice as they administer? ed. What next? "We are on the aide of constitutional liberty, as bequeathed to ua in its purity, by oar forefathers." What does that mean? What aort of a constitution did our forefathers have in ito original purity? It was a Constitu? tion that recognized slavery, and gave to the master the right to pursue bu fugi? tivo slave and recapture him in any State in the Union. It was that Constitution under which the Supreme Oourt declared, through Mr. Obief Justico Tanev, that a black mau had no rights which a whito man is bound to respeot. Mr. Johnson-I desire to oorreot the gentleman here. I oanuot ait by quietly and hoar en o h injustice done the memory of that illustrious mau. Tbe District Attorney is referring to the deoision in the celebrated Dred Scott case, and this is not the first time I have heard the language of the great Ghief Justice per? verted. Ho is dead now, and it is full time that ho should be represented in his true light before the world. He did \ not say that, by the Constitution, a black man had no rights the white man was bound to respect; but that, under existiug State regulations, and in the opinion of the civilized world at the time of tho adoption of the Constitution, such was tho caao. Mr, Corbin-I am not singular in my assertion. There are millions that will bear me out in it, and I have always re? garded that deaision as a disgraoe to the records of the Supremo Court. What is the next feature iu this Ku Klux consti? tution? Wo oppose und reject the prin? ciples of the Radical party. What, now, are tho peculiar principles of the Radi? cal party? What has been its peculiar work? What its crowning effort thal will hand its name down, and render it glorious in all succeeding ages? It is the abolition of slavery and of all disori minatiou ou account of race or color, Thone principles aro engrafted upon the Constitution by tho thirteenth, four toenth nud fifteenth amendments. Anc when the Radical party did effect thii great change, they luid dono, I migh almost say, more than the origina founders of tho Constitution. Opposi tiou to thu Radical party means, then opposition to the thirteenth, fourteentl and fifteenth amendments, and a deter munition to disregard their provisions. How. now, does tho Ku Klux orgii aizati ju propose to carry out their de signs, as manifested in the first and se ooud articles of their constitution? Hea what they say: "Bach member ebal provide himself with a pistol, a Ku Klu gswn, and a sigual whistle." These ar tho instruments, then, by which the intend to render thoir opposition to th principles of the Radical party efiectivi and bow do we know that their desigo are specially directed against the coloro people? Tbe next section says: "N person of color shall bo admitted a mea bor of this organization." Gentlemei in my judgment, wo might stop here aa ask a verdict of guilty; for remembe gentlemon, that conspiracy doesn't ctn sist in the overt act of murder or i whipping, but is perfected when the ut lawful agreement is made. We wil however, go further, and show yon ho it did actually carry out its purposes. I now propose to recite to you the te timony of Mr. Gunthnrpe, a sworn men ber of the order. Ho says: "I joint under the impression that it was for m tuai protection, but I found it a che; and a lie, and that their true purpo: was a political one, iu favor of the D mooratic party, aud that they expect? to effect their ends by crowding tl polls." This was in 1808. Next we ha the testimony of Mr. Gunn; and i have heard a most venomous asset made upon him by the distinguish! counsel for the defence. They follow? bim through every nook and oorner, e aertain that he received $200 ia Was ington, nnd then tell yon that he is n entitled to belief. Is $200 an extrav gant sum for Mr. G un n's loss of tic hom his b usinons, his traveling expens? etc. If tho compensation had preoed hts testimony, there might be somethii iu it to afiect his credit. Such, ho over, was not thu case. Mr. Gunn had learned, being a mei ber of tho klan, that the murder of \ Wallace was contemplated, and in t kindness of his heart, he divulges tl to his brother-in-law, and afterwards Golouel Akerman, that Mr. Wall? might hu warned of his danger. 1 comes here anti ho tells you all he kno about tho klau, fully and freely. Tin is but ooo way that I can aoooant for I counsel selecting Mr. Gonn for I special hutt of their sarcasm and ac mony, and that, gentlemen, I dislike allude to it; but Mr. Gunn did say soc thing about the klan in Georgia getti up u feo for counsel hore. But, gent men, what does Mr. Gunn tell you? says that hu was a member of the kli that its purposes were purely politic and that the common understanding v that they wore to be carried ont by k ing oil the whito Radicals and whipp: tho members nf tho League. Next have Charles Foster. He, too, has b< inside tho klau; has been on raids, o himself witnessed the scourging* several of their victims. Next appe John Caldwell. Ho tolls you that took the oath, heard this same oonsti tiou aud by-laws read, nud in pursuui of the objects thereof, wh it does ho i rio goos upon the raid ou James Y Hams. Hero you have the oonspir in motion, and here it? victim hang upon a piue treu; aud thon comes widow, and in simple language tolls Bad story of her bereavement. N comes Elias Ramsay, halting in spec but houest iu word and z?&sncr. tells you: I went on the raid; went v Roheit Hayes Mitchell, the defend? to thu l'luckney road; met the f Shearer boys there, nod then goes and describers tho details of that bri march to sluy Jim Williams; and so tboy all confirm Gunu's testimony that neither I, nor thu court, nor y gentlemen, eau fool the least doubt at his truth. Mr. Corbin theu wont on to ?ocite testimony of Gadsden Steele, A Rai ney, Hiram Littlejohn and Dick > sou, who had testified that they v whipped hy tho Ku Klux and mad forswear Radicalism, claiming it as ai mutative evidence of thu political e rooter of tho conspiracy. He thoi tucked thu ground of tho dofeuoe, t tho Ku Klux Klau and the raids on negroes were made necessary by atutoof terror and alarm caused by cendiory lires, the armed militia thoir throats of outrages. He olaii that the Ku Klux Klan had been sin to osi.it in 1808, long before an inste ol incendiary buming commenced, or lhere woe a single armed militiaman in the County; that the raids bad invariably pvAnadAd th? barning, and that the threats of Janes Williams, if threat? he made, were wrong from .bim bj tho per Booutions of the Ku Klux. At th? conclusion of tho argument, Judge Bond oh arg ed tho j or j as follow?: GBNTJJBJJ&N OF TUB JUB?: You have listened with patience to the i coital of the evidenoe in this cause, and without commenting upon that, the oourt pro? poses to state to you the law applicable to the evidenoe, which must guide you in making up your verdict. Tbe indict* ment, gentlemen, is for a conspiracy, which is an agreement by two or more Sersons to do an unlawful thing, or to o-a lawful thing by unlawful means. The thing to be punished is the unlaw? ful conspiracy, and not the particular acts done in pursuance of it. The con? spiracy is a o ri me if nothing be done in pursuance of it. Tho indiotment, gen? tlemen, contains two counts. The first charges that the defendant, and others jointly indicted with bim, with having oonspired to violate tbe first section of the Act of May 81, 1870, by unlawfully hindering, preventing and restraining a certain class of persona therein named from the future exercise of the right to vote at an election to take place in Oc? tober, 1872, on account of their race, color, or previous condition of servitude. And the second ooont charges that be, with others, did conspire to injure, be? cause of bis color. James Williams, be? cause he had exercised the right to vote previously. It is to tbeee counts that you are to refer the evidence, and to apply the law whioh the court gives you. If you find from the evidenoe that there was no such conspiracy as that described in the first count, or if there was a con? spiracy, the object of it and its purpose were different from that set forth in the ooont, and that the object and purpose set forth in the count was not one of its pnrposes and objects, then the party oharged is not guilty under the first oouut, though be may have been en? gaged in the oonapiraoy. But it is not necessary, if the jury find there was a conspiracy and that the party was en? gaged in it, that they should find its parp?se to have been single. If they dnd that one of its pnrposes was that set forth in the first count, to prevent citizens from the ezeroise of the right to vote because of their oolor, it is suffi? cient. An association having snob a purpose is an unlawful conspiracy, and a party engaged in it may be punished under the first count. Each member of such an association is a conspirator, and is responsible personally for every act of (he conspiracy and fur tho tusts of each member thereof, done by common consent, in furtherance of its illegal purposes, and also for such acts done in fnrtheranoe of the conspiracy nut consented to before-hand, if assent? ed to subsequently to their perpetration; and that whether tho party oharged was himself actually present or not, when Buoh aot was done. And if the jury be? lieve from the evidenoe that the various klane spoken of by the witnesses were but parts of one general conspiracy, this rule applies not only to the members of the same klan, bat to the aots and con? duct of the members of the different klaus done in furtherance of the oonapi? raoy. And it makes no difference in guilt, if you find from the evidence thal the motive of a party who joined the conspiracy was not illegal when he did join it, if you also find that alter he be? came a member, he was aware of the fact, or had reason to know that the true object of tbe conspiracy was to prevent or binder tbe free exercise of the elective franobiso by intimidation cr vio? lence aa aforesaid, on account of oolor, and that he still remained a member and participated in its meetings, and that though you may also find he never him? self actually used the force, intimidation or violence, and was not present when it was used. And now, if the jury find from the evidence, that the party oharged did so oonspire to prevent the citizens described from exercising their right to vote, on account of their oolor, at a future election, specified to be the election to take place oo the third Wednesday of October, 1872, then the party oharged is guilty under the first count of the indiotment. And if tbe jury find from the evidence that they did ao oonspire, and for the same reason, to injure and oppress, on account of his oolor, one' Jim Rainey, alias Jim Wil? liams, because he had antecedently, on the third Wednesday of Ootober, 1870, exercised his right to vote, than he is guilty on the seoond count But if the jory find from the evidence that no such oontpiraoy existai, or that if it existed, the intimidation or injury of voters be? cause of their exercise of suffrage, cr to prevent ita exercise, formed no part of its purpose, or that if that were its pur? pose, the defendant was not elrgaged in it, then the defendant is not guilty. Bat the jary is not bound to believe the sole purpose of the conspiracy to be that set out in tbe first oonnt; if they find it to be one of tbe purposes, it is snffioient. Nor, if they find that the beatings and intimidation spoken of by the witnesses, took place or existed, are tbe jory bound to believe that the reasons given at tbs timo by the conspirators, if they find reasons wore given, wore the true rea squs for such conduct; but the jury may determine, (rom all the evidenoe in the oanse, what tbe trae reasons wore for such violence. If the jury find from tbe evidence, os we said before, that the conspiracy sot forth in the first and second counts in the indiotment existed, and tbe defendant engaged it there, be is guilty on both oounta. If there ex? isted no auch oonapiraoy at the time sot out in the indiotment; or, if existing, it bad another object which did not include that set ont in tho indictment; or, if ex? isting, and having tbo illegal purpose, tbs defendant took no psrt sn ?t; then ho is not guilty. The jury are at liberty to find one of three verdicts. They may ?nd tho party guilty generally, or not guilty generally, or they msy find him guilty on one count, aud not guilty on the other. Take the oase. A man, whose estate was valued on the tax duplicate at $1,250,000, wanted to live ou half rations of food and to get along without fool in a cold climate. But he couldn't do it, and his body was found by his neighbors, ono fine winter morning, frozen stiff SB a poker. His hopeful HOD, "a obip of the old block," shipped the corpse to its place of inter? ment, several hundred milos distant, as regular freight, to save exorbitant ex? press chargeai-Terra Hauls Express. Dr. Ephraim Orevard, of Lincoln ton, was killed by a fall from bis borse, on tho 14th. "What is homo without a mother?" an the young girl said when she sent tho old lady to obop wood. OiTX MATTERS.-The price of single copi?* of tho PHCENIX is five ?ente. The PHCENIX office is supplied with ?ll necessary material for as handsome carew, bill heads, posters, pamphlets, baud-bil ls, circa lan?, and other printing that maybe desired, as any office in the Booth. Give na a call and test our work. The accidental firing of some bedding, in Greasy Bow, near the market, oaused a fire alarm, yesterday afternoon. Mo damage. A complete outfit, with tbs exception of a press, for a country paper is offered for sale at a very low rate. Particulars can be obtained at PHCENTX office. To-morrow, December 21, is the ah or te* t day in the year-9 h., 44 m. . Capt. Evans, of tbe steamship Georgia, has been rusticating in Columbia for a day or two. He leaves Charleston to? morrow. May pleasant weather attend him. The grand jury, on Saturday, found a j true bill in the case ot the United States vt. Robert E. Cooper; Mary Avery, (white;) Louisa Chambers and Kizzy Avery, (colored.) Oouspiraoy against Isaac A. Poatle. Dan Rico's Paris Pavilion Circus ex? hibited twioe, yesterday; aud the exten? sive calculations and extensive expecta? tions of tho assembled mnltitude were fully realized. The riding-bare-back and pad-was unexcelled; while the leaping was a little beyond anything that we have seen in many a day. There will be two mere exhibitions to-day; and ali who have not attended should be on hand. "The Pilgrim" ie to be exhibited this evening, in Irwin's Hall. This magnifi? cent panorama bas been before tho Co? lumbia public before,! and excited un? bounded admiration. The different scones are admirably executed, and the general effect grand beyond conception. To-day-December 20-is the eleventh anniversary of the secession of South Carolina. Wo had the pleasure of meeting re? cently here James A. Hoyt, Esq., the discreet and spirited editor of tbe An? derson Intelligencer-ono of the best of oar up country exchanges. It is said a nnmber of ladies in this city are anxiously awaiting the first of 1872. That is leap year. Germany's new coinage is the pfen? ning, grosohen and the mark. Franco supplies tbe ore. BABB OPPORTUNITY.-Mr. D. Misell, agent for W. Misell & Co., Montreal, Canada, is at the Columbia Hotel, with a rare and beautiful collection of works of art Copies of original statuary and oil paintings iu the British Museum, London. These pictures have been ex? hibited to UH, and we consider them per? fect Roms. We believe Mr. Misell will receive a fair share of patronage while here-this being a fine opportunity for our citizens to procuro something rare for Christmas. BRUTAL. MURDER.-An inquest was held, yesterday, by Coroner Coleman, upon the body of Patrick Murphy, a pump-tender at Hampton's, on the South Carolina Railroad. On Monday night, about dusk. Mr. James' Simms, who resides in the neighborhood, Baw the aged man at his uBiial avocation ; and the next morning, betweon G aud 7, his body was discovered in the yard, with the skull fractured in several places. A heavy club, covered with blood, lay near the body; u bloody hatchet WOB also found. MAID ARRANGEMENTS.-Tho Northern mail opens at 3.00 P. M.; closes 7.15 A. M. Charleston day mail opens 4.00 P. M.; closes 6.00 A. M. Charleston night mail opens 6.30 A. M.; doses6.00 P. M. Greenville mail opens 6.45 P. M.; closes 6.00 A. M. Western mail opens 9.00 A. M.; doses 1.30 P. M. On Sunday office open from 3 to 4 P. M. LIST OF NEW ADVERTISEMENTS John Aguew Sc. Son-Groceries, Seo. Jaoob Levin-Gas-Light Company. E. Pollard-Happy Surprise. C. E. Thomas & Co.-Wood. W. K. Greenfield-Carriages. H. English-To Rent. E. Hope-Butter. Kris Kringle at McKenzie's. J. C. Winder-W., C. and A. R. R. McKenzie's-Fire Works. OFFICIAL RAFFLE NUHUKUH Charleston Chari? table Association, for benefit Free School fand: RAFFLE CLASS NO. 254 -Jfornl?oyJ>ecewi6?" 19. 13-2-14-50-38-42 10-57-29-25-54-24 Witness my hand at Ch ar lenton, this 19th day of bvcembor, 1871. FENN PECK. Doc 20 Sworn Commissioner. -. ---.' . FlOHTIKO TIUsVlOE OF INTBMPEBANCF. The Catholic Bishop Barclay, of New Jersey, who lately delivered a temperance address before the Catholio Total Absti? nence Union of that State, is reportod to havo declared that he has "ordered the clergy to refuse Christian burial to those who die of the effects of liquor au well as those who soil it to drunkards." He does not believe in prohibition laws, and thinks it best to fight the vice by thc influence of moral suasion and religious opinion. A farmer li tely died in East Prussia, who is said o have attained his 130th year. Down to tho time of his death, he was in the enjoyment of the best health.^ He was six feet one inoh iu height, and served as body guard under Frederiok the Great. His sou, who lives on his f'thor's property, is 109 years old. Ho takes long walks evory day, can read without spectacles, and is au excellent companion. A fearful aoene was enacted recently al Jauer, in Silesia. A young girl, who had murdered her child, was to bo be? headed. When she was led ont, she fought desperately with the executioner, who was notable to kill her until he had ?tunned her by a blow on the head with the handle of his axe.