a . ,'.:iif .vf 3 r i: :' .: ;-i:':.,:. ; ;,-:"..-il I H f.T ' .;.:-!: ' '. j j- . i '0. 35 -T : -J';:;'.'.- : , . ' -i v . . J Yol. XXXVI. A. SMITH ' " FBOPBISTOM.;... & CO., STATE ts. F. 1. WILEY AND OTHERS. Decision of Chief Justice Pearson. i. Mohdat, Aug. 29, 1870. The Court met at 9 o'clock, with Chief Justice Pearson and Associate Justices Dick and Settle on the Bench. His Honor then read the following decis ion in the case of State Vs. F. A. Wiley, J. T. Mitchell and Felix Roan : After a careful consideration of the evi dence, we are of opinion, , that "probable cause" has been shown. On a charge of capital fclooy the rule is "when the guilt is manifest, or the pre sumption strong, the party should be. com mitted to jail ; when the evidence does not produce entire conviction, but makes in the mind a belief of the party's guilt, , security to answer the charge should be required. It is considered that the prisoners be sev erally recognized in tb& sum of $5000. with ..JLwo-Qr more wirBcisat aeeAfMesTrrr ppeM at tue next term or tne ttnpertnr Uourt, to be held for the county of Caswell, to answer n charge of the murder of Jno. W. Stephens, Wiley and Mitchell as principals, and Roan as accessory before the'facL In this stage of the proceeding it would not be proper to enter into a critical analy sis of the evidence, but it seems to us to be proper to set out, in a, general way, the grounds on which our conclusion rests 1. Strange as it is, the fact is fixed, that on the 21st May, 1870, when a large number ut the citizens of Caswell were assembled in the courthouse, at a meeting of the Demo cratic party, and in the day time, the Sena tor of that county, a Republican, was chok ed down to death, by means of a cord about nine feet long, with a slipping noose ad justed near the middle The intelligent testimony ot Dr. Roan fixes the fact that the murder was done in the room, (formerly occupied by the Clerk and Master in Equity,) where the body was found on the next morning, with " the cord", buried in the neck, to the level of the skin, a stab on each side of the neck, and a stab in the breast Dr. Roan gave it as his opin ion, being an expert, that the stabs were made after the blood bad near all receded to the heart, (which accounted for the small effusion of blood) ; and further, that the choking was done in . that room, for the reason that the cord had not slipped from its first print, where it was imbedded in the flesh, and the slight spirts of blood on the wood in front and the wall at the side of the body, could not have, made the impression it did, except as it jetted from the wounds, s the corpus delicti and the place is fixed. 2. As to the time, we are satisfied that the murder wps committed while the meeting was going' on up stairs, the deceased having left the meeting and come down at the in stance of Wiley. AfUr the meeting adjourn al, (about i after 4.) and until the Assessor locked his door, about 6 o'clock, (this room adjoins tile room where the murder was done,) a number of persons were in his room and in the passage; so the murder could not have been committed du ring that period without a general alarm. -The testimony, that the deceased was seen after six o'clock, in the public square, walk ing to the east, taming the corner of the railing and then, going south is unsat isfactory. There is no trace of his ever coming back to the courthouse or no evi dence tending to show that he might have been killed outside, and his body brought and put in that room ; by half an hour of sunset, his brothcra and friends wert Jook ing for him and after nightfall " a guard" was set around the courthouse. 3. At to the persons, the testimony makes out probable cause, and would be sufficient tc require commitment, provided the wit nesses are to be relied on ; that is a question peculiarly fit tor a jury how much reliance can be put in the testimony of reluctant white witnesses and of persons who have been slaves and are now citizens ? This is a practical question and the learning of the law does not aid much in its solution. So that our duty is discharged by requir ing bail. No motive is assigned lor this murder ex cept "political animosity." The circum stances show it was done on premeditation with fatal skill, and by a number of conspi rators (cither taking part in the killing, or else keeping watch and being on the look out) to whom the unsuspecting victim was led up for sacrifice. Possibly at the trial, further light may be thrown upon a deed, which now leaves a foul mark on the reputation of the county of Caswell. Peabson, Settle, x Dick, Justices. Ilia Honor directed Mr. Bagley the clerk, to send copy of decision with the State warrants to the Clerk of Superior Court of Caswell County. Messrs. J. R. Winston, E. B. Withers, R. B. Watt, of Caswell, and H. O. Parker, B. P. Williamson and G. T. Stronach, of Wake, came forward and qualified as securities for the appearance of Messrs. Wiley, Roan and Mitchell, at the. next term of the Superior Court of Caswell. County. Mr. Badger objected to counsel going se curity, but his Honor decided that there was nolaw prohibiting counsel from acting as bondsmen. The Court adjourned until 3 o'clock, when it will go into the cases of J. T. Trollingcr and Thomas D. W. Gray, from Alamance. , AITERKOON SESSION. State vs. W. C. Tarpley and others. Owing to the non-arrival of witnesses the Court did not assemble until 15 to 5. : ; .' . STATE EVIDENCE. Jno. W. Gray examined : He joined the White Brotherhood about the first of June in- Dr. Moore's office. Several came in while the oath was bcinc administered to -him He understood the object of the organiza tion was to overthrow tne itcpnolican party, lie did not recollect the da; upon which he went to Company Shops, but it was in 1868. The first meeting he attended was on Haw river, there many persons present- soma wore dissuises ot lone wmte gowns witn white caps on their heads with long horns . . , i a .i . . on ; mere were Beverai iuiuuwu iui mgub but no orders were given ; heard the by-laws read. (LHsguise shown anu recognizeu oy witness.) The next meeting he attended was north of Haw River, at Seller's Mill : there were several initiated at that meeting, and be rccosnized some of them : he heard the by laws read and a coffiin was ordered to be made and placed at David McAdams' door; the meeting was in the woods near the mill dam ; the sign to gain admittance into camp was two slaps ot tne nana : tne instructions were to help one another, at the risk of our lives if necessary. The next meeting be attende was to the north of Dr. Sellars' near Mr.'. Kirkpatriek'a ; he saw two initiated at this meeting. By Peabson. C. J. Geo. Anthony admin istered the oath ; no Bible was used; we had to hold op the right hand ; the panalty was death for any one violating the oath ; Jno. T. Trollioscr administered the oath to him some time; they would put a rope around the neck of those being initiated about 10 of us Went to Sandy Sellars' and took him 200 or 300 yards from the house, and tied him up and did the whipping ; we took on nis snirt ana tica mm to a sappiing. The next meeting was close to Dr. Tarpley's, he does not recollect the day but turn Its it was January 12th, 1809 ; nothing was done but the initiation of Dr. Tarpley and the election of Geo. Mchane as first Lieutenant and a letter was ordered to be written to Mr. Badham and Peter Hardin, and thrown in at Mr. Badham's door; he did not know the contents of the letter ; the company met one niht in the woods near Company Shops to initiate Dr. Moore, but he did not come: he and rate was sent alter ut. Moore, and he told the Doctor that his wife was sick, and after getting about 300 yards fmm the house Tate told the Dr. our business .nri th Dr. said he could not co. that thn nnmnanv heard that Jas. Causy had been talking too much, so .he was brought to "camp Bd warned not to do so any more, WM. and told that " dead men tell no tales." We received orders from Geo. Anthony's camp for Caswell Holt to be whipped. He thinks that was on Friday night. There were a good many present but is not positive that Dr. Tarpley was present. There was a suf fle at Holt's house, but finally threw him out and took him to the woods, took oft his shirt and whipped him witu hickory switch es. - We gave him three licks apiece Holt had some arrested and carried before Peter Hardin, J. P., but they proved a.n alibi. Two companies met after the trial to see what should be done with Holt, whether to whip him again or kill him. Some proposed! to whip, but others wanted to kill him: Jt was put to the vote, and the camp voted to kill him by a unanimous vote. Orders were sent; to camp No: 10 to either kill him drown himj in Haw river. He carrM the orders to camp No. 10. and gave then to Mr. Faucctt, but I told them if they hung Holt it would throw the country into a bad state of affairs, and the execution was stopped by Jacob Long. Tom Tate' has not been seen since Col. Kirk commenced arresting. He docs not; know where J. T. Trollingcr is. The last time he saw Trollingcr was at Company Shops. By Peabson, C. J. When we went to the meetings we put on our disguises. . By Settle, J. There were 10 camps in Alamance. Bj Pkasoh, C. J. Our wives would make the-disguises. ..'.,. . it By Mr. Boydek He thinks there were fivet made at his house. By Settle, J. He thinks there were seven or eight hundred in Alamance, and known as the White Brotherhood ; the chief kept the by-laws and oath ; he lias no copy of either; he understood the meaning of the oath to be to proven the colored man from elevating himself, to intimidate colored vo ters before elections and break down the Re publican party ; the members were to hang around the courts, and if any of the com pany were on trial they were to get on the jury, swear falsely and bring in a verdict in favor of the prisoner. By Settle, J. He heard that there were a great many in this State and the United States and that Andrew Johnson was their founder. By Pearson, C. J.. He has seen Dr. Tar pey at the meetings and heard him say that "dead men tell no talcs." Jacob A. Long revoked the order for the killing of Holt. By Settle, J. Jacob A. Long was head officer in our county. By Mr. Botden. Long left the county about May, and said he was going where hemp did not grow. Long was clerk Tor Mr. Albright By Pearson, C. J. He does not think his company ever went out ol the county. By Settle, J. He heard that they were about 40,000 strong in the Statu. lie heard that they were about 1200 strong in Guilford county. He could recognise a member by rubbing the left hand down the right lappel of the coat, and the answer was the right hand down the left lappel. The grasp was taking the hand and sliding the thumb down the middle finger. The signal in the dark was two slaps of the" hands or "Shiloh." ' ' By Mr. Battle. There are ten camps in Alamance, but he never visited but three. He was iniated in camp No. 4, and thinks it was about thirty strong. He has visited 8beriff Murray's camp. The following were members of his camp: J. T. Trollinger. Chief; Thomas Gray, Geo. Tolar, Dr. Tarpley. Wm. Foblcman, Ruffin Foblcman, Emslcy Fobleman, Wm. Andrews, Ruffin Andrews, Green Andrews, John Andrews, Dr. Franklin Andrews, Thos. Tate, Bunyan Andrews, Geo. Mcbane, Jno. Robinson, Jas. Causey, W. IL Moore, Henry Robinson, Thos. Robinson, Wm. Reding, Wm. Eirkpatrick, Walter Tharington, Jas. Kirkpa trick, Jas. Stockard, Roliert Stock- ard, Geo. Faucelt, and Dr. J. A. Moore. , He iAAa tint rovi! I tvt ttiA Ithnra - ha Mat t -tweeu two and three hondBod'1 lt'Qra&rao'; he lomedlthe order in December, 1S68, and remained a member until June, 18G9; he thinks the reason he left them was owing to a fuss he had with Green Andrews ; and at a reorganization they bluffed him but he was glad they did, as he was anxious to get out of it ; he had not told any of the se crets because he was afraid; he has been at home ever since, and gave them no reasons to disturb him ; he made his affi davit on the 30th of July to Mr. Wil liam Albright at Graham ; no one sent for him ; Mr. Albright is a Republican and Clerk of the Superior Court; he heard that Gov. Holden said that if any one beh ning to the K. K. would acknowledge to such or ganizations they should not be harmed, is the reason he made nis amdavit ; t.lcre were 16 names published as belonging to the White Brotherhood ; he lives about three- j quarters or a mile from Graham, and the bounds of the camp extended about three miles from Haw river ; there was hardly any one in the neighborhood who did not belong to the organization ; the members of the company were considered as Democrats ; he was a Democrat then but voted the Republican ticket at the last election. By Settle, J. He heard his chief say that there were about 700 in the county, he also heard it at the general county meeting butjhe does not know that there were 700 in tbe'eounty in June 1870 ; he did not belong to them then and does not snow any more obout them than what he beard. Bv Pearson, C. J. There were three whipped by our camp ; they made Nathan Trollinger take a knife and horribly muti late himself; they rubbed Sandy Sellars' back with a persimmon stick and lie beard that they served Caswell Holt the same way. Uy Air. battle, l ue wnipping was uoiie while he was a member and he is certain it was in 1869. By Mr. Braoo. He thinks Sandy bellars was whipped in ; , 1869, and Caswell Holt in February, 1869. By Mr. Bragg The whipping was to ue done on Friday night after the meeting ; the meeting was held on Monday night Mr. Battle, by request of the Chief Justice, read the acts of the Legislature in relation to going disguised, &a, &c, page 613, when he said that the act was very proper and that no man condemned such organizations more than be did. The following prisoners were brought in and entered into recognizance for their ap appearance before his Honor from day to day. in tne sum oi souu eacn ; it in. iy.irK- patrick, John Andrews, R. M. Stockard, Wm. M. Andrews, Ruffin Andrews, Walter Trollinger. and Ernsley Fobleman. Wm. li. Martin special omcer, in maKing his return of the warrants reported that Geo. Anthony and Thomas Tate, Have fled the State, and Jno. T. Trollinger and Geo. Mebane had secreted themselves and could not be found. The Court adjourned meet to this morn ing at 9 o'clock. State vs. W. C. Tarpley and Others. Tuesday, August 30', 1870. The Court met at 9 o'clock. Chief-Justice Pearson and Associate Justices Dick and Settle on the bench evidence Fon the btate. John W. Long, the witness whd was ex amined on yesterday, and reported hs Gray, was recalled and examined. He suited tnat he beard that Caswell Holt was for exposing his person to a white My. : It was Ueorgc Anthony's (Jamp that tent tne orders to have him whipped. He ocard no charge against Nathan Trollingcr; iat they went to Trolungers house to look !' Crutchfield, whom they wanted to l not nulling (Jrutchneld, they whipded Irol linger. By Pearson, C. J. Trollingcr lips gone west, ana ne neara tnat he died there. By Mr. Battle. Sandy Sellars ws whip ped for insulting a white lady about some hogs which were getting into his c)ps. By Peabsox, U. J. He said the flli was done while lie (Long) was a nwnber of the order. By Mr. Battle. Walter Tha irrington threw the letter at Mr. Badham's dufir. By Pearson, C J. A raid through Graham by a portion s made all the companies in the County ; it was eported that Geo. Anthony's ctuip whip Harvey ; do not know what he was td Joe hipped for, but heard it was about a quwrel that Harvey and Mr. Cnff c had ; when tlj to Harvey's house they scared hii icy went wife so bad, that she jumped up and drojped her child, from the effects of whicmit died shortly afterwards, By Mb. Badger. narvey lives It Com pany Shops. BJ Settle, J. The camp would whip any one for a difficulty whh any one of its members. , : By Mr. Boydeb The alphabet com menced at L and. went ronud to K, as follows: L ' M N O P Q R S . T A 'B C D ; E F G H I U j V,; ,w', X Y Z A 'B J ! E L M N O P Q c Id':" e f o n i j k B S- T U V W X y 2 The following are the signs which were stuck up it a meeting was desired : Day Meeting. Night Meeting. the ji gures added together indicates the hour of 'ntating, for instance, 8x69 o'clock. Bt Pearson, C. J. Ho does not know what would have been done to him if he had refused to carry the orders to Camp No. 10 ;ibe is a brick-mason and duties in the camp did not interfere with his business as the meetings were held mostly at night . '! ' By Mr. Battle. If the chief was not ! tfrcpat any one yuuldgiyy the. oath at (he initiation of a member The gave the oath to ' a Mr. Kirk at rick ; he was not present when Dr. Moore was initiated. By Settle, J. If any member were ar rested wo were to get on the jury and act as wituesses and swear falsely. ' EVIDENCE FOR TUE DEFENCE. - Green Andrews, examined. lie has lived in Alamance about 20 years and he is now nearly 60 years old ; he has known Long 20 years and thinks he (Long) is over 20 years old ; Long's character is considered pretty bail; he lieing an officer of that town ship, have had Long before him for steal ing; he (Andrews) joined an organization in the Spring of 1868, but not liking its pro ceedings he never attended another meet ing and advised his boys not to have any more to do with it; the oath was to obey the State laws and Constitution oi the United States. By Pearson C. J. He does not recollect any oath beiug administered. By Mr. Battle. He would not have felt himself bound by any oath be had taken to disregard the oath of a court. By Mr. Boydkn. He never had any diffi culty with Long only as an officer and never told him that he would stamp his head ; he never heard anything of the letter to Mr. Badham; he docs not recollect that Long, Wm. Kirkpatrick and others were at his house iu January or February ; Long lives about one mile Irom his house; he was a Democratic candidate nt the last election for the office of constable ; he is now a deputy under sheriff Murray ; do not know that Murray was a member of the White Brotlierhooi1. ' By Dick, J. The organization was called the Kukh'ix when he joined them. By Mr. Boyden. Ho does not recollect hearing the White Brotherhood, or the Con stitutional Union Guard named when he joined ; disguises were worn on the night he joined, but never had a disguise made at bis house; he thinks Jno. T. Trollinger car ried him to the camp, and does not know that it is the business of the Chief to carry persons wishing to join into camp; he saw some 15 or 20 pass his house in disguise ; nejver had any conversation with Trollinger, bdt seen him make some signs, he never made brags ahout arresting Peter Sellars, and that he had taken pains not to arrest the right parties; he does not know that there were 10 camps in the County ; Murray never showed him any signs ; Long might hive done so, but he not knowing them, he could not say they were Euklux signs; he attended a meeting which he, heard was to be between Constance Whi'tsctfs -an-th Poor House, but does not recollect who told him there was to be a meeting. By Pearson, C. J. He heard that it was a political organization in opposition to the Union Leagues, and joined it with that un derstanding; he ilid not give any notice thjat he was going to leave the order ; he does not know that all of his boys belonged to it but thinks 2 or 3 of them were mem bers. ' ' By Settle, J. He heard of the whip pings in the county. By Pearson, 0. J. lie heard Long's statement on yesterday mid thinks he gave a pretty fair one. By Dick, j. Ihrec or Ins Ooys lived with him, one of them was a watchman at the Shops. ' By Settle, J. He docs not think from the oath he took that he was bound to obey his superior officers, it was nut in violation of the State laws but bound him to secrecy ; does not recollect any penalty for violation of the oath. By Mr. Boyden He believes that his sous, Ituffin, Murphey, and John, belonged to the order, but told them all not to have anything to do with thewhippings; he heard of the whipping of old man Corlees but knows nothing about it By Pearson, C. J. He thinks it was some time in the winter that Corless was whipped. By Mr. Boyden. Ue heard bis son Sandy speak of the hanging of Outlaw the next day alter it was committed, and does not recollect hearing any one else speak of the banging at that time, lie noes not know who whipped Holt Trollinger, or Sellars, nor who burned the schoolhouse or drowned Purycar. By Mr. Battle. Did not near what Holt was whipped for. Heard that there was Leagues in the county, and he believes that the memliers of the Leagues commit ted crimes, but not with orders from the League, and it was understood in the coun ty that its members would stand by each other, and he hopes that rape and the other crimes were not committed by order of the League, lie never heard who was chief of the Leagues in North Carolina. He never said that the white Euklux was smarter than the Leagues. Dr. John A. .Moore examined. He has lived at Company Shops about 10 years, and is a practicing physician. He knows Long, who lives near Graham, and his character is bad for honesty and truth, and a little dis sipated at times. He joined the White JirotlierUooa ana got only a part oi tne ob ligation, and was afterwards informed by a young man that if "he would come to a cer tain pine thicket, he would receive the bal ance and signs, it was some time in Jan uary of 1869. By Pearson, U. J. He was told its obiect was to strengthen the Conservative party. By Settle, J. He never knew that there was twenty-live in the county before these disclosures were made. By Mr. Battle. He never got the bal- ance of the obligation. He .was under the opinion that the order was something like tne Know iNotliings. By. Mr. Boyden. About the 8th of last January in going to Graham to visit a sick person he met Boyd on the streets, who told him that they were going to suspend Sboff- ner's writ of habeas corpus. He got the full particulars from Boyd and- went to Gil- bright's bridge where he met a crowd of men on horses. He told them he knew their object, and thab Shoffner was not at home. One of them said that he had rid den forty miles to do this job, and he was going to see it through. He told them Shoffner was in Greensboro. We parted and he went to his father's. By Settle. J. He told them that Mrs. Shoffner was about to be confined, and their going there under such circumstances would injure her. One ot them remarked that they did not wish to injure the innocent By Pearson, C. J. They were 17 or 18 miles from Shoffner's, and not disguised. By Mr. Boyden. He might have known some of them if it bad been light. They were coming from the direction of Chatham, but it would have been the same route if they had come from Orange. There was no moon that night He has no belief as to any one of them, but thinks they were white. He did not wish to know .who they were but was trying to do his duty, as the repre sentative ot Alamance. By Settle, J. One of them said if I fooled them, they would call on me. By Mr. Boyden. He was at Daniel Worth's when Long came for him, and told him that his wife was sick ; he started, but met Tate on the route, who told him their real object, and ho told them he could not possibly go with them to the meeting. - Jno.5 8. Dixon, now in Missouri, administered the oath to him. ' Jas. Boyd told him . thai be was a member of the White Brotherhood, and iicntioned several others he thought were members.. By Peabson. C. J. He was not at the meeting when the putting of Holt out of the way was proposed.. - . , . . -. uy luck, j. rom his belief, tinuKs mere was 800 in the Cdunty; He has no liclicf that they existed in 1870.. '-; wpavi. By Settle, J. Hd was a candidate, fun the Legislature at the last election. " -'' : By Mr. Boydbn.-No 'One has talked to him Since he made that statement but one man from Caswell ; he thought - some of bis friends refused to sneak to him : the address in the Sentinel was shown him which he says he wrote without the assistance of any One. at settle, J. He first disclosed lite con nection with the White Brotherhood during tho campaign.- ' - . . Be Mb. Bailey, He does not think be ordered any oi the address he .wrote for the Sentinel of January first, but ordered copies''! or tie one ne wrote afterwards. ? By Mr. Boyden. There, was no hara feelipg between him and Shoffner; their being Master Masons was one of the motives that prompted him to try nd save Shoflnor. ' By Mr. Battle. He did. not know why Corlfese wis ft hipjmiK he 4s pretty well SO: carry a person out ot - the county : heard that Corless was whipped for advising col ored people to go to white peoples church and take scats among them,, and Holt was whipped for insulting some ladies ; have heard of the Leagues and felt their effects in one campaign. - ; ; By Dick, J. He believes that crimes were committed under the decrees of the Leagues. The court took a recess of 10 minutes, and on assembling Mr. Battle said that from the testimony, it was sufficient to show " pro bable cause" for binding over the prisoners to Court . Mr. Boyden made a few remarks, and said that any one belonging to s uch organiza tions, whether they participated iu the crimes or not, were as guilty as those that did, ', AFTERNOON SESSION. . 8tate vs. T. D. W. Gray, for barn burn-: lug, Jno. r. Irollinger on same charge, but fled the county. Court met at 8 o'clock. John W. Long examined. On the night the school house was burnt John T. Trol lingcr told him there being no one else in that neighborhood to be trusted he must come and help do the burning. The school house was situated near Dr. Moore s, and taught by a Northern man named Meter. He went to Trollinger'? bar room and staid there until the train came, when Trollingcr said it was time for us to do our work. Gray got a jar of kerosene and a large syringe, and we went to the school house. Gray squirted the oil on the building. He begged Gray not t j hre it, but the second match set the building on fire. We then ran back to Trollinger's shop, put out the lights and waited until the cry of fire was raised : then went back and helped pull the -fence down. Trollinger said, "now boyB, you have dene this work ; you must - not tell of it." , By Mr. Mekrimon. The order came from Tmllinger to d? the work, and do not know that it was a drerec of the camp, it there was any whipping to be done it came from another camp ; but if any of the officers told the privates to do anything it was bound to ie done; do not know uiy iuu ocoooi House was burnt, but heard t was because it was used as a negro school ; be helped do the burning because he was ordered by Irollinger: after CoL Eirk came I told Mr. Albright, Clerk of the Superior Court, and made, mi statement ; he thinks Tom Tate was made Chief alter he was bluffed out, did nut think bewi botrmi tofeey k& from the new officers : he knew it was wrong, but was bound to obey the, officers ; he did not want to join alter hearing the oath; they would invite the person who wanted to join to go not coon hunting or to a party, and after getting once' into the camp the person was bound to take Cho oath; he did not think it right to whip persons, and be never helped whip but one; be aid not leel disposed to go to a judge or even the uovernor, because ne was afraid of the K. K., one feature of the oath was to commit perjury, his under standing of the oath was that if a mem ber failed to obey his ' oath he would be put to death ; be heard that Andrew Johnson was head centre in, the United States ; a young man told him last Sunday on the street that there was a good many in Wake county ; Jelf Younger lives on the north bonk of Haw river, and he did not tell him that he burnt the school house and wr-s bound to put it on somebody and that he was going to put it on Mr. Gray ; he is friendly with Mr. Gray; he never made a pair ot boots tor me but what he paid lor. fetcr uugnes examined. ue knows nothing about the burning, only what Long told him 2 or 3 months after the burning. He met Gray on the railroad sometime in December, and Gray told him the burning was done by order ot the camp. He was never initiated into any camp, but Long gave him the signs is the way he gained admittance. He worked with Macon Ap ple's camp in Guilford. By Mr. in rrbimqn. ne lives about turvu miles from the Shops, and is about 30 years old, and a farmer. He has known long lor 3 years. For the last tew weeks the people thought hard of him. Uy bETTLE, 4. le neara that the order in Guilford was 1,200 to 1,500 strong ; in Rockingham two thirds or three-fourths of the white voters were JLUklux. Mr. lliomp son and Mr. Randolph, ot Rockingham told him they were members, in Alamance he heard that a majority of the white voters were Kuklux. ' By Mr. Battle He is no initiated Ku klux ; does not think they have been in ac tive working order since the President's election ; he lives 5 miles from Long and docs not know when Long lelt the &ukiux ; he moved to Alamance from Guilford about 9 months ago. ,.; , The Chiet Justice here put a stop to the examination of the witness by Mr. R. H. Battle. State vs. Wm. Andrews for whipping Nathan Trolhoeer, Jno. W. Long examined He did not see Trollinger whipped. Several told him they had a band in tne wnipping, ana tnat tney were disguised, and that they took him abeut 800 yards from his house,-' made him take off his shirt, and whipped him with hickorys. He thinks it was some time ib February. 1869. By Settle, J. Tluy did not tell him they tied Trollinger to a tree. . , By Mr. Pabker. Two of them were at Trollinger's bar room, and three at Sellar's mill, when they tout me oi tne wnipping, and that they whipped him to make him tell where Daniel Crutchfield was. They want' d to whip Crutchfield about a fuss he had with Wm. Andrews at tue bnops. State vs. Wm. Andrews and others for whiDDine Sandy Sellars. - Sandy Sellars examined. About the first of last year, about midnight they broke in to his house, took him out and carried bim about 100 yards from the house, took off his shirt, tied him to a tree, and struck mm two licks apiece, and asked him if be would ever insult another white lady. They put a rope round his neck and swung him nearly clear of the ground. They kept bim in the woods about an hour. Bv Beabson. C. J. It was a pretty bad whipping; he had to grease his back to keep his shirt irom sticking; tney ioiu nun if he hollowed they would kill him. By Mr. Boyden This was in Alamance, about 4 miles from the Shops. - i-v . .v J. W. Tong examined:. Myself, Murphy Andrews. Ruffin Andrews. Geo. Stockard, the tluec Foblenians and others did the whiDninc. Bv Mr. Boyden. He understood ' the whipping was ordered because Sellars had insulted Miss Margaret Hardin ; Toler struck" bim three licks, one with a leather strap as he was running off; only one man talked to Sellars, and that was Toler; . . . Bv Settle, J. After the whipping s'ick with rough bark was rubbed over his back. . Sellars recalled and examined. He did not talk to the lady as he was charged. She lives about two hundred yards from him, He never had any fun with ber about her boylf to Edinj the man he lived with, told liim JeU her to keep her boys off bis crop. I He tries not recollect whether they rubbed bis iatk with si stick or not, he was in so knuch'.raio. 1 ---sUks-.-:i . .;c ByfPBAitoua, C. J. They f did .not pull him dloar of the ground. , - . By fiyrrvu, J-r-Tbcy kept him up about fiftceq minutes,: - - ByjMr. MtniRnroN. Was afraid' to -ask them go let bint alone. j ! . ! . By ;PABSOHj C. J. Ho thought the least he said to Uicra was the best for him JIB BOU W -" " ' " 'uTbe Court adjourned to tl 9,cfKvV--I.V'1 : - this morning, at State! against Wm.' Andrews and Others. lif j yEDHMDAY, Aug. 31, 1870. j CoJuVmet? at 9 o'clock.. Chief Justice Pearson and Associate Justices Dick and Settle present' , ' ' Jafries B. Boyd, examined. Stated that he wks-absut-35. years old, and a lawyer; was f Democratic candidate for the House of RfepresentAtives jn the last election, and that ho Joined the'Wbite Brotherhood- in November of 1868 in Graham at the room of JiA. Long ; Long gave him the oath and its interpretations, which was not to reveal ' the iiune of the person .who gave bim the oath;; Bur to -vote for the civil or politi cal elevation . if the colored 'lace; to never hJ cfoVor the order nd protect hotSuritnd their families from insult ; lie understood that if a member was called to act as cither jurymnn or witness be was to swear falsely ; he never took ah active part in- thc-itrgonization bat has remained a mem ber up to the present time ; he never attend ed but one meeting after his initiation (ho gave the various signs belonging to the order) they would all be disguised and stand around' among the trees when a mem ber r was- to bo initiated ; he was a member of Camp Nuj 1 ; the word of distress was " Shiloh," but only to be given when the sigQ of distress could not be seen ; he did noti know that John Long was a member of. flic order until, after be made his con fession; he was a member of the Consti tutional Union Guard and was sworn in by 'Dr. Arnistead Patterson ' and James A. Patterson; the penalty was death for any violation of the oath ; Dr. Moore told him that he (Moore) had secrets of an organ ization which was to supercede the White Brotherhood called the Invisible mpire and gave him the signs at Mrs. Miller's, and that night they went to the Yarboro' House, where he met Plato Durham, Capt. Jarvis and H, 0. Davis. He exchanged signs with Davis, but doe-' not know that Durham or Jarvis were me, jers. Ho heard Mr. Bradsluw say that Senator Shoffner was to be murdered lor introducing the military bill. Moore told him that he had a hard time in stopping the raiders, and that Abe Hedgpeth, Jim Bradshaw- and F. M. Strud vi$k (member of the Legislature) were among the raider. He told Moore about the raid the day In-fore Shoffner was to have been murdered. After the - Legislature ad journed Shofluer lelt the State. He heard that Trollinger s camp whipped Holt and put the coffin at McAdam's door, and An thony's whipped Joe Harvey.- He does not know who burnt the school house; does not know who hung (JutlaWj but saw bim hanging to an elm tree near the Courthouse. There was several houses in the neighbor hood. A young man named White told hiai that tho soldiers had the names of the pefsons who were concerned in the hanging, but does not know that White was a mem- bet of the Euklux. By Pearson, C. J. Thinks that the body mm takes down oa the next day. He heard Jim Bradshaw say that he helped do the hanging of Outlaw. . By Mr, Badoeb. iiru'fshaw has - lctt the county. ' Uy Mr. isoYDEN. ne never neara any member of the klan say that Puryear was drowned! ':.?t.iv;- j " '! it Pearson. O. J. He knew of the diy w mwaoiPnryT .by the' Coroner's re- 'port v V--.'. i A -v'. jr- , .-' $ 5 - By Me. -Boyden. He understood that the object of the E. E, was to elevate the Con servative party. JJy arson, v. J. minks there was sot) in the Cnuaty, and the reasons for taking tlie name ut White brotherhood was it mem bers were asked if they knew anything of the E. R., they could say they did not. By Mr. Boyden. The Klan was to turn out en mtmean thcuightof the election and ride all over the County, and by that means terrily the colored volers and keep them from the polls. , " ' , By Mr. Battle. Do not know that there was any in Caswell, but heard there were some on the line. ;, . , By Mr. Boydkn. During the meeting of the Directors of the Railroad at Hillsboro', Mr. Turner, ol the Sentinel, took him aside and asked hun how political matters were progressing in Alamance, and niy answer was very well, and that the Democrats would ca'rry the County by a large majority, Tur ner told him that he (Turner) had under stood that the K. K., was to ride in disguises and tell the colored people not to go to the polls on the day ol the election. Turner advised him not to have anything to say- about it on the campaign in Alamance; it was on the loth ot J uly he was arrested by Col. Burgen, at Graham, and carried to the Shops. . Isy Dick, J. lie heard that there was 40,000 or 50,000 m the State, and a good many in Tennessee, and that Andrew John son was the founder of the order ; he heard that there was between 1,400 or 1,500 in uuiltord. . By Mr. Battle. ne is 25 years old and was born in Orange, but the nlace is now in Alamance; the card m tho Sentinel of July 21st over his name is his ; (card exhibited ;) the White Brotherhood had no written Con stitution, but Long had a written -oath; there were no by-laws for the interpretation of the oath administered by the officers ; be was a member of thejiar when he joined the E. K., and had taken-' the-Oath to sup port the Constitution of' North-Carolina and the Constitution of the United States, and never considered the oath of the E. E., more binding than these oaths. ' l By Pearson, C. J. Why did you not auitthciny , Answer Because he- understood that if be proved false to them he would be the first victim , ' -...! i He joined soon after the President's elec tion; Mr. Mason and himself agreed to dis continue their connection with them as far as possible, without laying ourselves liable fo the penalties ; he heard that Outlaw was bung for being a politician ' Rep.) and or ganizing the League under a commission signed by Gov. Holden as President, and W. It. Richardson as Secretary ; that was about 2 years ago,bcfore the Gov. was elected; the E. E., were to counteract the Leagues, which were an over the united states, and composed mostly . of. negroes ; he saw the commission Irom Gov. Holden to Outlaw; it was taken from the pocket of a negro who uad been arrested. ' "' By Mr. Boyden He did not hear Dr. Moore say how many was in tho crowd go ing to Mr. Shoffner's, but heard him say he saw the three which has been mentioned be fore; Senator Shoffner lived about 11 miles from Gilbreaths bridge and Mr. Bradshaw about 6 or 7; he wrote an address to the people ot .North Carolina to show the gener al objects of such an organization ; he was much distressed about being taken from his wife (who was sick) ; it was understood that it ne made a confession he would lie protec ted ; he had a conversation with Governor Holdeu, who said he did not wish to punish any one, but his object was to break- up these organizations ; my card in the Sentinel was written by Gov. Graham, anil the letter in the Standard was written by himself ; tho last paragraph was added at the instance of Gen. Douglas ! he showed the letter to Gov. Holden bnt the Governor did not add any thing to it; Mr. Douglas is a Brigadier but wis acting as Adjutant General at that time ; his reason for not making a clean breast of it was because he did not wish to share the fate of Outlaw ; the letter was written in Mr.. Douglas's room at tho Na: tipnal Hotel and dated at Graham.' By Dick, J. He is not aware that the Leagues used masks, signs, or held secret meetings or met in the woods, and never heard of their making raids as a body, but,! if a negro mm committed any crime, it would be reported that he was aoiember of the League. "' ', : By Mr. Battle He heard' that the out rages ot the prisoners taken from the Hills boro' jail was done by Euklux. - . By Sic , Boyden The commission from ' IS the Governor to Outlaw was taken from the pocket of a negro named Scott who bad been arrested. ' ' " ,';',; ' By Mr. Bailey. He thought the Euklux Chief of a County were aDnointed by a higher, outside power, and not elected by a combination ot the camps in the Uounty. By Mr. Battle. He heard that the Ku klux was a national order. J. W. Holden examined. 8tates that be has been a member of the Union League ever since the passage of the Reconstruction acts, and there has been three rituals issued, and he has now the third one in his posses sion, but do not think there is any material change from the one exhibited. By Mr. Merrimon. He also' belongs to the Heroes of America.; but that organiza tion has nearly died out,but did exist before the Leagues got a hold in the State. He thought the reason of the changes was be causelof the test-oath, and that the white men ot the W est did not wish to take in colored men after the war. The obligation was administered by the President of the Council. The Leagues are in existence, but not iij general use. . Gen. M. S. Littlefield was President, and J. H. Harris Vice-President! Do not know that CoL Henderson held .a meeting of the Heroes of America this year in Davidson County. By! Mr. Merrimon. There were means to call out the full vote of the Leagues, but no penalty for refusing but expulsion. The ob ject r the tieague is to instruct the colored ntea of the South .their duties aa citizen,. Dri J. A. Moore recalled and examined hy the Qhief-Justice. He has no knowledge of ever having a conversation with Boyd, and telling him that he recognized any of the persons he saw 'going to Senator Shoffner's. He stopped at Bradshaw's to warm, and we talked about this matter, and he told Brad shaw that the Euklux were going to mur der 8hoffher that night, and he asked Brad shaw to go to the bridge and keep the crowd from going to Shoffner's house. By Dick, J. The statement ot Boyd m relation to my giving him the signs, is cor rect; ' ;- By Mr. Battle. He states positively that he did not know a single man he saw going to Senator Shoffner's, and has no reason to believe who they were. Court adjourned to meet at 3 o clock. . - i afternoon session evidence fob the j - state. : Eli S. Kulcss, examined. Enows CoL Webb, who lives in Orange ; be belongs to the Constitutional Union Guards ; the oath was to patronize, aid and encourage each other, and resist by arms, if necessary, any attempt to deprive us ot our legal rights; there was nothing in the oath about going on juries or giving evidence ; it was a po litical organization ; he never heard of the Invisible Empire, but heard they were in Guilford, Orange, Chatham and Randolph, and that they originated in Tennessee under Forrest; our clan has not been disbanded but the meetings are very irregular. Capt. W ntts introduced the order into our county ; Watts is trom near Egypt in Chatham county, and there was another man with him, but he did not know his name, and have not seen Capt. Watts since. By Mr. Battle. He lives in Alamance, in Senator Shoffner's neighborhood, and do not belong to the White Brotherhood. His oa(b does not require him to resist toe laws of (the State. He has not been to a meeting of jhis klan in nine months, and does not know how many there are of his klan be longing to the: White Brotherhood. His klan never done any whipping. He never heard of any whioningsfornolitical reasons. Hd never heard of the Invisible Empire un til ' he heard Dr. Mocre end Mr. Albright speak of it at Col. Kirk's camp. . - By Settle. J. He did not hear ' Dr. Mdore say, at Col. Kirk's camp, that he had given Mr. Boyd the signs of the Invisible .Empire. : The Chief Justice stated that, upon con sultation; with his associates, he -bad con cluded ta. bisd to risoneni over to the Hupenor -uourt, in the sum of f 2,000 each except Dr. Tarpley, who would be held for future consideration, and owing to the sick ness ot Dr. Moore's wife he would be dis charged, but that the justices had been con sidering the propriety of binding Dr. Moore over on the charge of perjury, but under the circumstances had concluded not to go any lurthcr in the matter. J E. Boyd re called and examined by Mr. Merrimon r I know Dr. Tarpley, who lives about 2 miles from him, and is a man of good character and member of the christian Church at Providence, and not very pas sionate. By Peabson, C. J. Dr. Tarpley is a Democrat and strong in his political faith. By Mr. Merrtmor. Jlc never saw Dr. Tarpley at any of the meetings or have on any of the disguises. Bv settle, .1. It is a common thing for tlie church members to belong to such or ganizations. William Fogleman, Ruffin Fogleman and Emslcy Fogleman were allowed to give bail for their appearance at the Superior Court in Alamance, Dr. Moore and Dr. Tarpley going their security. Mr. Merrimon stated to his Honor that Dr. Moore was very sensitive, and felt keenly the charge his Honor harj cast upon him, when the Chief Justice stated that the court did not wish to go into it, but lelt certain that Dr. Moore was erjured in more than one instance, and if the court was to con sider the question, they would bind Dr. Moore over for perjury. ! Court adjourned until 9 o'clock this mornining. ! . Thursday, Sept 1, 1870. ' Court met at 9 o'clock, Chief Justice Pearson, associate Justices Dick and Settle on the bench. On motion- of Mr. Battle, the following prisoners were allowed to give bail for their appearance at the Superior Court of Ala mance. : i ; ' Ruffin Andrews, Wm. M. Andrews. John Andrews, Wm. Eirkpatrick, and R. M. Stockard, with J. . U. Moore and A. C. McAllister as their securities. j His Honor then delivered the opinion in the cose ot tHE STATE AGAINST TARPLEY, GRAY AND j P OTHERS. . . , Probable cause" has been made out. The parties, except Tarpley, will be recog nized severally in the sum ol viS)W, with two or more sufficient securities, to appear at the next term of tho Superior Court of Alamance County, to answer the chaige. j Here we might have stopped, but for the remark ot the counsel for the prisoners; that ' according to tne ruling in Wiley s case, Ihey admitted that probable cause had been Bbown." . : ' The ruling in that case was put on the ground that, although the evidence made on the minds ot the Justices a belief of the guilt of the prisoners, there was such a con flict of testimony by reluctant wmte wit n esses, and by persons formerly slaves, as to make a case peculiarly nt ior a jury. . : In tho case now before us, there is no con flict of testimony ; it rests upon a principle of law recognized and acted on as tar back as the common law can be traced. We need onlv to refer to State vs. Harden and Haney, 2 Dev. and B. 390 and 408: "The testimony of an accomplice, if it produces entire be lief of the prisoner's guilt, is sufficient to warrant a conviction." The witness, John W. Long, proves the guilt of the prisoner directly he swears that after Caswell Holt had been whipped by order of one of the camps in Alamance, there was a meeting of two camps or Klans in which it was moved : That as Caswell Holt after being whipped, made informa- Ition before a justice of the peace and had failed to establish the charge against the parties arrested, he should be whipped the second time; whereupon the prisoner, Tar pley, substituted a motion that "Caswell Holt be put to death," giving as a reason, "dead men tell no tales." Alter discussion the death motion was carried by a unani mons vote. It was then moved that "be be hnng to a tree and his body be left expos ed ;" it was then moved, let him be killed and his body secreted, or let him be drown' cd in Haw river. Finally it was agreed to leave the matter to the discretion of the chief of Elan No. 10, on whom the execu tion of the "death sentence" was put This, on Monday night, witness was charged to carry the order to Job Fossett, chief ot No. 10, he started by sunrise on Tuesday and de livered the order to by 10 o'clock of that oar the reply was, "it wiH be done. The deed was not tione." Jacob S'. '- Long, the head chief of Alamance, thought .it was going too for and countermanded the order. .'. The character of this witness for truth and honesty is impeached by Green Andrews who admits that he joined t he Kuklux,' be ing deputy sheriff, bui took too part with them, he believes 3 or 4 of his sons are mem bers of the Kuklux or the White Brother hood"! as it is now called ; three of them are prisoners now on trial; but be frequently told his boys to ' have nothing to do with the whippings or killing. And by Dr. John A. Moore He is a member of the order, took no part iu the whipping or killing and believes he saved the life of Senator Shoffner whose death had been decreed. But over and above this proof of a. bad character there lis the fact that this witness is an ac complice and bas turned "State's witness" on a promise of pardon ; he admits that he obeyed the order to inform Fossett, head of No. 10, to put Caswell Holt to death and he did so on Tuesday, and ex pected the deed would be done on the next Friday night So it falls nnder the decision, Haney and Hardin rupra, and tho question is. Does the' other evidence contra dict or corroborate this witness t It was a subject of remark, between us, that in our experience as lawyers and as judges, we had never known a witness on the examination in chief, to expose himself more fully to contradiction, (unless he was tolling the truth.) by stating in detail as, to "placet time "d. tbja persons present, thp whipping of Sellars "in which , he was an actor, the whipping of Holt and of Trol linger and Carliss, all of which he narrated as reported by members of the Elan. The burning of the school house, in which ho took' part, the contemplated murder of Holt and of Shoffner and the actual mur der of Outlaw and Puryear hy the E. E., or White Brotherhood ; and by stating in the general, from reports made to his camp, that the number of members in Alamance was between 700 or 800, in Guilford 1200, in Orange, Chatham, Rockingham and other counties not iniormed as to the number, but the order extended over the State and amounted to 40,000 has said to have origi nated with Ex-PrcE dent Johnson, and to extend over the whole South, for the polit eal purpose of preventing negro equality by whipping, hanging and other acts, neces sary to effect that object ; and by stating the oath not to reveal any secrets of the or der) to obey the commands of the chief; to go to the rescue of a member and to swear for him as a witness and acquit bim as a juror.- In short, this witness disclosed a condition of things showing, if true, that the civil authorities were naable to protect life or liberty, confirmed by the fact, that in no one instance have the perpetrators of these crimes and "known felonies,' been brought to justice. ' It was a further subject of remark, that this witness sustained himself nnder a most searching cross examination, as well as any person we bad ever seen in similar circum stances. ' ' This witness was not contradicted in a single particular, either in the detail or in tho general. ' Andrews and Moore, ' who swear his character is bad, were forced to admit that so far as their knowledge ex tended, he had told nothing bnt the truth. And Moore confirms him in the general, by stating that on the night Carliss was taken out of bis house in the village ot Company Shops," at about 1 o'clock at night, he saw seven or eight men in " white disguises," taking Carliss along, a colored man and the watchman ran out, but imme diately retired ; he met with seven or eight of the citizens, roused by the noise, but all, including himself, refused to interfere, for fear of the' consequences, although Mrs. Car liss was running about the street entreating all persons to save herfiusband ; " in a short time" as Dr. Moore said, about half an hour, Carliss came back and the Doctor dressed his wounds. ' ... . Again, Moore confirms him, " being told by Boyd that Shoffner was to be killed on that night: I met "the party" at Oil- breath's bridge, (on next day, said it was some seven miles from the bridge in the di rection of Hillsboro'.) told them that Shoff ner was not at home, had gone to Greens boro;" one of the party said, "I haveeome 40 miles to obey thiB order, if you are deceiv ing us, it will be your time " next;" thinks there were 8 m the party; this was the only plan that he could adopt to save Shoffner ; an appeal to the civil authorities was out of the question j the Sheriff and deputy Sheriff belonged to the order. This witness is also confirmed by liuless. He belonged to the "Constitutional Union Guards," a distinct organization, from the White Brotherhood, sworn to support the Constitution as it was. Supposing in all they numbered some 700 in Alamance, 1,200 in Guilford, and 40,000 or 50,000 in the State, one Patterson, a Chief of the " White Brotherhood," told him he had an Order frbm bead chief of Orange, to kill Shottner, asked his advice. Thompson Euless gave Shoffner a bint to leave borne, and in that wny saved his life. One Foust, a member ot the order ot White Brotherhood, told witness he saw the party, or ' was one of the party," that met at Gilbreath's bridge, on their way to kill Shoffner, thought there were sixty ot them; but hearing that Shoffner was not at home the party dispersed. Boyd's testimony is to the like effect and confirms the witness in Bcventl particulars and in the general ; as to Tarpley who is the leader of the "Christian Church" at Companyhops, being a member; as to lead ing and official members of other Churches being members,, among others Robert Han nah and Thos. G. McLean, and as to many other particulars. . So John W. Long, although an accom plice, is not contradicted, but is confirmed ; and the case falls under the decision Har veys's and Hardin case. We, on this evi dence, not merely believe, but we are fully convinced of the guilt of the .prisoner. . ; We think proper to add, General Hunt, commanding the U. S. troops in this State, was invited by us to take a seat on the bencb, and heard the whole proceedings. ! Peabson, ! ' ' ' Dick, Settle, Justices. j His Honor, after reading the opinion, di rected the clerk to forward a copy of the same, together with the State warrants to, the Clerk of the Superior , Court of Ala mance, and that upon the principle ad vanced by Mr. Boyden in reference to any ne being a member of such organization, but not participating in its crimes, were just as guilty as those 'who did commit them, he would therefore require Dr. Tarp ley to give sufficient security in the sum ef $10,000 for his appearance before him in Chambers at Richmond Hill, on the charge of murder. ,.'r , ,' " ' . . j Mr. Boyden made a few remarks in refer ence to a statement which was made in one of the city papers (Sentinel) In regard to bis examination of prisoners before they were placed on the witness stand, and stated that the article was wilfully and maliciously false. .. " " - The Chief Justice requested Mr. Boyden to reduce his statement to writing and said that he thought the city paprs would pub lish tlie same. '. " " His Honor stated that as he had come to Raleigh to hear the habeas corpus cases he hoped the counsel for the State would bring up the case of A. G. Moore, that being the last Mr. Badger stated that so far as be had examined the testimony, he could not find any charge, and had do reason to believe the State could make oat a case against A. G. Moore, when, on -motion of Mr. Battle, Adolphns G. Moore was accordingly dis charged. . . , - - ' His Houor stated to Mr. Battle, that the propriety of declaring a County in a state of insurrection, be did not think the court would profit much by an argument, but hoped Mr. Battle would write out a state ment of the facts and send it to him. Mr. Badger stated that as the officer in charge of the prisoners had arrived, but not withall the witnesses, he asked for a post ponement of the cases until to morrow ; that the officer had a great deal of trouble in mak ing the summons, having to travel sometimes nearly all day for one man, and it seemed as if those organizations were still in existence,' and seemed determined to protect its mem bers from arrest Junius Somers, Daniel Whitsett, William Lowe, Rankin Lowe, Daniel Patton, William TickelL and Jeremiah Whitsett were brought forward and recognized each in the sum of 3W, for their appearance at Court from day to day, and time was allowed them tor!, find bail. - " ; , , Is '' - The iCourt then adjourned until 8 o clock, i . afternoon session. ' Thursday, Sept. 1, 1870. State against Julius Somen, Wm. Lowe ana y.Sanlin Lowe . for uhijiping DmM Jordan ! somitxme xn October, mv ' ' -. .i. '. Court met according to adjournment, ', Chief Justice Pearson, and Associate J usl ices i '. Dick and Settle present' ' I ' - -.' ' ' W. C: Tarpley came forward and Catered into bond of $2,000 for bis appearance at ; j the next term of the Superior Court of Ala- . niunce, and also in the sum of $10,000 lor ; bis appearance at the same place to answer the charge of the murder of Wyatt Outlaw . and Purycar, or any other charge the Btatei 9i;t mav (then and there prefer against him. u ; :i. Lynn Adams, J. A. Tarpley, J. C. Moore and A. C. McAllister appeared as bis sureties. Upon the request of Mr. R. C. Badger, the State entered a vol pros ior Daniel Whltsott, he having made a full confession and tamed '--State's witness. . v . : . . ' : Jno. W. Tickle being called and sworn,. " '.'-- testifies that be is a member of the White ' - ' Brotherhood, and joined them about 8;'" .' months ago; he took an oath when he join- ' ed, a portion of which was, " you do solemn- " 'I-' swear before Almighty God, never to reveal ! the secrets of this organization." i ; i . The Chief Justice here stated that he bad -i.i to eall the attention of several" colored men . i jvm to thp.lact of telling the truth, the whaJe-.'W' truth and nothing but tfie" Wth, and h ' to be expected that a white witness would know without being informed. J -. i Witness. He came "here to tell the truth " r and did not wish to tell anything else. : By Mr. Bailey. He was sworn to'obey ' all calls and summonses of the Chief, and to . ' assist other members when in a difficulty, 'i ' and halloed " Shiloh," but is not able to say t whether the members were bound to swear : -' falsely in Court or not but thinks they were,- X .l and is under the impression that he would' "' not be allowed to bring in s verdict of guilt : ; ' ' against a brother member. ' . v ' By Pearson, C. J. Ho was born and'1 raised in Alamance, nnd there are several-fain- ' ' ilies in the County by the name of Tickle, '! and : be is not a carpet-bagger. He cannot ( : say positively that it was in the oath for the-; members to swear falsely, but thinks if he1'. ; - had been ordered by the Chief to do so, be would have been bound to do it, and tliinkB that if he had refused to do it, after being 'J'f'l ordered by the Chief, he would have had to ' . suffer the penalty of the order. He does ' ' tot know what Puryear was drowned for. -1 By Mr. Badger. He found the White ' Brotherhood to be a different thing to what ;-'' he at first supposed it to be. It was the in y!f;d tendon of the organization to break n -n stealing and increase the Conservative party,' - ' but cannot say how they were to increase " - : the party. ,.'J"' By Pearson, C. J. Suppose a negro was - "' whipped, and the whipper was arrested and . ' wanted you to prove that be was at homey would your oath bind you to do it I 'p.!i Answer I am not able to tell. " ' . ' ;' ,r! j: ' By Peabson, C. J. Suppose yon were o a jury, and the evidence was against him, would your oath bind you to give a verdict ' . to clear him t ' , Answer No sir. ; By Mr. Bailey There were several per sons present at the whipping of Daniel Jordan and he aided in the whipping, but we were all disguised. . . . .: By Peabson, C.J. They, took Jordan ; ' from bis house in his shirt and drawers ; he " :i does not know who strnck the first lick but : ' he did not strike him at all. : il By Mr. Bailey We did not put on our ' '. disguise until we got within about mile -' ' of Jordan's house. , ' ' '. .' .'" '; j By PeabsonC. J. He thinks thore were; 9 or 10 in the crowd, but only 5 or 0 struck ' ; him, he cannot tell nor bas any reason to be- ; '' lieve who struck Jordan. ,v-' By Mr. Bailey Thinks they struck Jor- - ' dan about 40 or 50 licks with hickory switches; it was about 10 o'clock when it was done ; when we got Jordan from bis house lnthe yard he-broke and rna abobt-60 - T yards tram the bouse, when we - caught bim ' and did the whipping. . .. . . ;: 1 By Pearson, C. J. Jordan was whipped ' for stealing; Mr. Somers told him' to come ' and assist in the whipping; thinks Somen- ' was first lieutenant, a Mr. Long chief of the county, and W. B. Ticklecliief ot the camp-; ' do not remember asking Somers who told ' him to do the whipping; Somers told him- ' ' to go by and let the chief know of the whip-''.'? '' ping, but he did not do so as it was too fiir. .1 ' By Mr. Boyden. Daniel Jordan is,- he"""' thinks, in Illinois. '.-)-.-, . i By Settle, J. Mr. Long was head qfli: p'''' ccrof our county. Ue heard that' Major ' Stincr, of Greensboro',, was head chief of Guilford county. - ; : !. : i: ' By Mr. Bailey. He passed the signs with' :- Ti p Fogleman at the Shops. ' By Settle, J. Macon Apple, a chief in ' ' Guilford, told him that they were about 1,600 strong in that county. He went to --' Rockingham to carry a man to Leak's Mill, bnt did not pass the sign with any one in ' that county. By Mr. Battle. He is 33 years old, and ' ' joined the White Brotherhood one year ago Inst harvest, and the whipping ot Jordan took place about September or October, '' 1869. Held np his hand when he took the ' oath, and thinks the oath be took on the ' book when he registered to vote was more ' binding than the oath of the White Brother hood, and ' would reel bound to violate the oath of the order in preference to the Bible oatb. If he bod been ordered to kill a man, he would not have done it, and did " not consider himself so bound. : By Mr. Bailey. He swore to obey all ' orders of his officers. - : Milton Huflines examined. Is acitizen ot ' ' Alamance, and joined the White Brother hood about 12 months ago. W. R. Tickle was our chief. Does not think he swore to obey all orders of the officers. He was not initiated by the chief, but by Peter Hughes. -He knows Daniel Jordan, also the parties who did the whipping. , -... By Peabson, C.' J. He was present at the whipping and we were all disguised. . , By Mr. Bailey. We broke open the door; , took Jordan out in the yard where he broke .. and run about a quarter of a mile through , an old field where we caught him and ad- ministered the whipping; we did not tie him. . . -, .. . ' , . By Peabson, C. J. He js not certain how many there were in the crowd, bnt thinks there were eight or nine. u - i By Settle, J. Mr. Somers told bim to help whip Daniel Jordan, who was ac- cused ot stealing ; he thinks Jordan was struck about 40 licks. .! By Mr. Bailey. Jordan did not boiler much ;' he did not strike bim a single lick ; r, heard that Mr. Long was chief in the county. ! By Pearson, C. J. Never heard bow . many camps there were in the county, i By Mr. Battle. He joined the order about twelve months ago and do not know bow many there was in the camp; do not know that the whipping was done by or der of the camp. i I By Pearson, C. J. There were nine in " the crowd that done the whipping. , l isy mr. iiattlk. lie has taken the oath to support the Constitution and laws of North-Carolina; he held up his hand when he took the oath ol the White Brotherhood, and thinks the oath to support the laws of , mv oime uie most uiuuing, anu wouiu not have felt bound to perjure himself by any oath he had taken in the White Brother-. hood. . . ,,. - .. j ".' : By Mr. Bailey. He thinks there is a dis- ' Unction in holding up the hand and swear- ' -Z" ing on the Bible; the men with him at the ; ' whipping were all. members of the White Brotherhood. . . ..',. Daniel Whitsett . examined. Ho lives in Alamance; be belongs to the White Broth- '. l i i i ; i t j t ' eruouu ami ivoew uaiuei joruua ; newas nitiatedinto the order by Peter Hughes; W. R. Tickle was chief of the camn when" Jordan was whipped and he waa told by '. a i. 1 ,1 .. i u: : 3 i . oouiera iU uuifJ uu uiu n oippuig, buu uo not think it was an order of the chief, but we whipped him as White Brotherhood; we burst the door open and, took him out in the yard and asked-, him if he had been stealing, when be broke and run, when some ot the boys caught him and we done tho whipping. . ;' By Peabson, C. J. The disguises were worn to terrify the people and to keep them. Irom .recognizing us; the whipping was ' pretty severe, and, be (Whitsett) struck Jor dan three licks; after we whipped bim we turned bim. loose and told him not to steal nymore. :. ;. , . . ; . . CONTINTJEU ON SECOND PASS. , . j M V't ;u . . :, -.iu 1..; . ; ji i ; : -'.--. r. I,-

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