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RALEIGH, N. C, THURSDAY OCTOBER B, 1871.
C is
BBS'
; 44. j. i . -
r rr"rr r
. ruin-: !
UniteQ Slates Circuit Gonrt.
TERM TOR
THE
TRIAL OF KU KLUX CASES.
mirci cTTArnTrri?T t fAef
THE EVIDENCE.
Itepartod fur the Carolina Era.
CASH OF U. 8. vs. TV. A. SIIOTWELIx,
.Kt , charged tcili conspiring to de-
price J. ST. Justice; of Rutherford,
of the naturxd righU of a laicful citizen ,
TESTIMONY OF JAMES M. JUSTICE.
Counsel for the United Stalest
Your name sir? James ;M. Justice
1 Of what county? Of 1 Rutherford
oountv.
i Member of General Assembly f Yes,
sir, have been since Juno leos.
Klected when last? August 1S70.
i Utxn what ticket sir i i Upon the
Republican ticket.
! Who was the candidate for Congress
in that vearf A.H.Jones.!
On what ticket f On the Republican
ticket.
Did you stump the county sir? Yes,
sir. I snoke in my county, ana in some
other counties. i i
i Advocate his cause : Y es. sir, 1 was
a member of the Convention that nom
inated him.
. Go on sir, :i:id tell the jury all the
rircumstan.fs of an attack that was
iiijidiMiioa v:i when, howl and where
i; kv .s. , , " ' j
ell, Mr, the attack of wim-h you
sjHuk was made on me at my uousi- on
Sunday night, the 11th last June. 1 was
nsl'! in niv'bed room, which is in the
second storv of a brick building, on the
Main Street: Tho first story of the
building is used as a dry good shop and
- drug store, the tlrst of which is on the
east side o: the m.iin street There is
a saloon and two buildings fronting the
main stnt-t. and the stores are north of
my dwelling. My gate enters an ave
nue north of the up;er office. The
main entrance to my house! is from a
ii.rtieo, the stairs running down In a
northern direction. It
yards f.om the foot I t
gate.
What kind of a store
iv i The hoase lel.w
is
le
some thirty
stairs to the
Ik-Iow did you
is a store liou.se
ami drug shop, and above
deinv.
is my resi-
WIiKli w.ivdoos that stair run?
It
runs straight down.- I
,That is to say. North, too ? Yes, sir.
I was awakened that night by a vio
lent rushing and beating on my door,
and the tiring of guns and pistols. It
was raining very hard when I awoke,
and I anticipated the trouble, and I in
tended to get of my bed and-
(Wa3 interrupted by the counsel and
told to state none of his intentions, but
his real acts.) I .
I got up out of the bed, and by that
time two men advanced into the room.
The door had given way. though the
iron that received the lock Was there.
The doors were locked and propped,
match," instantly a match was lighted
making everything bright and visible
in the entry and in the room. I saw
two men standing in my room, near
the side of my bed, with frightful dis
guises on" their heads. I saw nothing on
the body of these two. Theyj had on a
red face-covering, with eyes bound
with white, and the noso white, and
horns stood erect, about ten incites long
r seemed to bo ornamented with a
white stripe, and had a tassel with or
naments; and immediately on seeing
me, one man approached and said,
"Oh, you damned Itadical, wo have
you at last," and they took hold of me
by the right arm, and seized my throat
and pulled me through into the entry,
and as I approached the entry, where
stood the others, they commenced beat
ing me with their fists. I received
several blows on my body. They
brought me to the main entrance. I
knew my only hope was to arouse the
citizens, and I hallowed. I saw a blow
with a pistol coming which felled me
to the floor, when they struck me sev
eral times in the side. I did not cx
ericnce much pain from the blow in
my side at that time. I did not know
how they took mo down. . I afterwards
discovered a slight bruise oa my legs as
If they had been dragged over a board.
Where was Mrs. Justice ? She was in
the bed. . ' j V. (, .
Was she awake ! Yes, sir. ( , i
Did she say anything t No, sir; I
told her not to speak; Some one at tho
as I always propped them before goinr
to bed. I passed behind the bed and
one man. ,1 heard to say. I "Light a
. foot of the steps, out in the street, de
manded of me to deliver him my pis
tol; I told him it was in the drawer in
my room. I was then carried out to
the gate. It was raining very hard,
and I had on only a shirt and no other
garments.- ', The rain revived me and I
soon came to my senses.and heard many
x voices that seemed familiar- to me. It
was dark, cloudy and lightning. - In
V the street they passed at my gate, a
man on each arm, one on my, right a
. large and powerful looking man, and
one on my left not so large, . They
commenced firing guns and . pistols
along the street.and shouts, screams
, and i expressions of exultation were
raised and exceeded anything I "ever
lieard. A man asked mo "where that
damned Logan was.'!. Mr! Logan was
in business , with me, ' and was in the
habit of sleeping at ray office. They
started In the. direction of the Court
House, and they .went so fast down the
street 1 was compelled to run for a little
time to keep up with them. We came
.to the Court House. ; when some man
called out "this is the way." 1
Attorney : ; , . 1 .' i
What part of the compass did they
go! They went South , near to the Court
House and .turned right across the pub
lic square, and the greater portion of
the crowd in that direction. About a
dozen followed with me. I: looked
around to see if I could possibly escape. J
if I could "release
myself , from their j
grasp. They turned East in the 'direc
tion of Shelby road. They ran and
pulled mo along. While they carried
me, the man who held my right arm,
asked me what my business was. 1
told him I wa3 engaged in the practice
of law. lie asked what kind of cases
I had in hand. I told him I ! had a
variety of cases. He then asked me
what kind of cases I had been engaged
in. I told him I had been engaged in
ku klux cases. He said yes, sir, you
made a distinguished speech the other
day. I told him I had made some re
marks, but, that I did not know they
were distinguished. He said I had pro
posed in these remarks to which he re
ferred, to hang their leaders. j
Counsel for the United States:
Whose leaders ? The leaders of that
den, he said "our leaders." Now wVat
if you should be hung a leader of the
radical party. I answered him that I
had not counselled any one to do wrong.
He carried me on further, and some J
man who seemed to be concealed in the
thicket or bush hallowed to the man
who had me, who made some very low
answer. A voice said in that direction
"who have you." They told me to an
swer and tell my name, or they would
kill me. I told it and they raised a
yell that is peculiar to them. He asked
me if I wished to see a ku klux. I told
him I had seen all I wanted to see, and
did not want to see any more. (He said
he could raise a yell and call five hun
dred ku klux. I was carried away to
some men witn norses. 1 am hoc Know
how far the line extended. I saw fifty
horses or mules: I did not know how
many. There were men
around the
some with
principal part of them,
gowns, some in their usual garments,
but the greater portion nau covering
over their neaos. rney sioppea aim
had a conversation with me about7 my
political course. They asked itl was
not ashamed of uung of that party that
nut nonrix-s hi rule una crovern. I hey
said the white men would not snffesuch
things; that I had been warned that my
course would not longer be borne by the
whibs f till- country, that they had
l-roiu'ltt in- there to out me to death.
laliar; that a man of my sense knew it
was not riffht: that the whites could
not stand such a government.) Wenr-
gucd some time in tins manner. Thjcy
said they were determined to kill me.
t that time this man who! had be
friended me asked for the Chief of
Horse Creek den. 1 had frequently
i-r.l Il-.t n:min mentioned before,
Some one replied that there was no of-
leer present, ana tno same voice sun
here was a Second there. He (my
riend) then told him (the Second) to
ake charge of his men if they had any
command over them. He said he wan
ed to talk with me: that he was a
South Carolinian and had never een
me before. He told me J had to stop
the course I was on. Ho said he :was
disobevincr orders, for he bad orders
to
Kin me lib uuix lime, wniiuut iuuhuu
aiiv blows. Hecould. he said, use his
discretion when circumstances justified
he sparing of a life. He said circum
stances justified him in sparing my life,
and that he would like very much to
have me In his order. I told him
would rather decline and retire from
public life. . He said he must have Big
ly, and had given his men a great deal
of trouble
I have not spoken of all, but only. of
that which referred to him. TheyspoKe
of Carpenter and Downy, and said they
were traitors to their cause, and that
they knew Downy had talked with me.
I told them he liad not.
Was it raining all the. time ? Y'es,
sir.
You were In your shirt alone ? Yes,
sir, at the time I arrived there some
man asked another to hold the mule
and look around for the rope ;f he said
he brought a rope to hang tho "damn
rascal." One. said he was going to
take m 3 to South Carolina, that Scott
wanted me. and others made other re
marks: I grew very wreak, my head
was bleeding, and the wounds'I- re
ceived in mv side became painful, and
my head bleeding, and I felt about to
r.r. r l i 1 x 1 X !l .1
i;uut. x bskcu iiiin io let me sit uuwii,
whicli he at first refused to do.1 and he
asked me what was the matter with
me. I said mv head was bleeding. He
said he thought it would do me good
to bleed to take the negro equality
blood out of me. I then sat down as
he bade me to do. Thev asked me if
I knew them. -I told them I did not if
I was to be sworn before God. They
said if they knew, that I knew them
that thev would kill me instantly. Af
ter a half an hour or so they came on
the crowd, and on coming up a voice
called out for the prisoner, and bade
meeet up. and carried me forward a
few steps to where the man spoke and
there was a man who had on a com
mon rubber coat, anrt had his face cov
ered. He took charge of me and the
other men went awavlie repeated a
ffood deal of talk aboutmy t political
course, and mentioned the subject of
my very extreme radicalism.
Attorney:
Did you remember anything that he
said ? He said I had been a very stren
uous opponent to the calling of tho
L Convention, that I had supported the
radical party to the ruin or this coun
try. That the people would not allow
this negro rule, and that ; the white
men proposed to rid themselves jof it,
that
4hntf liarl atta fr fola 1 mtr lift
and if I had
anj'tnmg to say l had
for my time was very
last asked me I what I
better say it.
short. lie at
would give him if I was discharged.
I
told he saw all I had with me, but that
I would -give all I had.
Counsel for the United States ; , r
. This the man with the rubber coat
Yes, sir, he at last said if I would show
him Mr. Biggerstaff, he would discharge
me. I said I did not know where Mr.
Biggerstaff was. He told me that was
not the truth, he said that I was his
(BiggerstafFs) friend, and knew where
he lived. I told him that he r lived in
the old , hotel "building. He said they
had broken tho doors, and they could
not find him there. He insisted that I
could find Mr. Biggerstaff, and said if
I found him he would discharge . me.
He then said to the crowd, who would
go back with mo . and get Biggerstaff,
and then discharge me. That was dis
approved of by the crowd. Thev said
they had come to kill me, and they
were going to do it, and could get liig-
1 told them I h-.'dsupporre I the; iat;o:i
al Itepubican Party because I thought
it was right. They told me that I was
gerstafif another time. They said they
objected purely to my political course,
but said if I was let off that I would go
rtway to Washington and raise a big
row about them. Some voice in the
crowd affirmed that he would shoot
me anyhow. Then this.man who had
me collected some others in a circle
around me, four on foot and one on
horse, and said : "Now if you shoot you
will kill your friends," "I want to talk
with this man," my friend continued
about Biircrerstaff. After thisahttieman
approached and placed a pistol over the
man's shoulder, and said that was the
tool they "had to work on damned
ratdicals." Thev mentioned some
thing- about Downy and others, and
wanted me to tell them where they
were. They said Sir. Carpenter and
Mr, Logan must change their political
course or die; that liiggerstati would
be killed any way, wherever he went ;
that if lie left the country he would
have to be killed : that they had dens
all over the United States and only had
to send an order for his death, and, in
conclusion, called me , and said that if
I would crive him information as to
Mr. Biggerstaff he would discharge me
He asked me to meet him at Cowpens
on next Saturday night. I told him
I was afraid of his men and all the ku
klux parties, arid that I did not travel
down there nor had not for ' some
months, throuerh fear. He said T he
would make that all risrht if I would.
I told hini that I would make no prom
isel about it, and the man seated on the
i j. . 1 1 1 l . 1 !
norsCf sam ne couiu miiKe. u sujjjjeaiitm
that would do. He said I could not go
so far. but asked me to meet them on
Saturday night at Cox's shop, at nine
o'clock, and told me if Judge .Logan
would arrive or if Biggerstaff was. there
il J r"z. i! 1 te X
io give inem inioriiiutioii, uuu u x
should keep, my promise I would
never be troubled again. I promised
all, and told him if he was ever in
trouble to let me know that he was the
man that befriended me, and I would
be his friend and do all I could for him.
I went home afterwards, as quick as I
could, my feet were much torn; I
found niy family all gone out of the
house.
Counsel :
" Any one tluTc; ? No
sir,
I found no
'one there: i called to
the neighbors,
that they had
and I afterwards found
heard me, but did not answer.
I Mr. Justice, how long were you out ?
Well, sir, I cut some chips when I got
back, and found it .was half-past two
b'elock.
V What time did you go to bed ? At
hi ho o'clock.
r Nine is early, is it not ? Yes, sir.
What estimation would you give of
the time you were absent ? Alout an
hour and a half.
. Do you think you recognize any of
them ? I have an impression of several
men "whom I saw there.
( At that time, sir ? Yes, sir. t
1 Mention the names. I feel confident
ItA. Shot well was there, from; his
voice and size. i
Pldhe talk? Yes. sir.
What did he say ? I think he said,
when he started in the direction of the
$tgr olliee, " This is the way."
j Was hedisiruised? I think he had a
disguise over his head.
What about Ins clothes ? He had on
a suit
I had seen him wear a long
black frock coat I had seen him wear
it several times. ; He j is a fine looking,
well built man: J
! ' Is Mr. Shotwell in Court ? Yes, sir.
Has he the same ;coat on ? I don't
see him now; he lias on a black coat,
but cannot state. :
?Any others ? There were some young
men in the village, that I knew.
-Will you mention another name?
Yes, sir; Mr. Harrill was there.
Some other name sir ? Jason Goode
Was there. j
f What did he say ? I At the Tuesday
trial, he was one of the defendants.
He asked me to treat him : I told him
I could not treat him. lie said I was
more desirous of hanging him ; I told
him oh no. He repeated thesevremarks
to me that night.
i Who else was there? Mr. Wmi Web
ster was there. I '
-How did you recognize him ? ' From
his voice and size. .
Did you know him? Yes, sir; he was
one of the parties I had before me on
trial. I think I knew Mr. Tanner.
i Why? I thought it from the very
peculiar way he i stood. He has a pe
culiar way of standing. I don't often
see a man stand as he does.
' Who else? I think I recognized two
yong men by the name of Depriest. I
wasof the opinion, that Adolphus De-
priest was there
Why? Well, si
sir : i thought i Knew
his voice : I am not certain of it.
Did you think that night he' was
there? Yes, sir. !
Counsel for the Defence :
' Did you say you were not certain of
it? No, sir, I was not certain, i
Counsel for the United States :
; Now, who else was there ? Jos ph
Depriest from his size and appearance.
Any' other name? I think Horton.
You judged them all by their voices
and general appearance 1 Yes, sir I
saw other men who were not disguised
at all, whom I did not know. ,
You know him ? Yes, sir; it is my
impression he was there.
' Mention another. I think I recog
nized the voice of Mr. Ladson Mills,
Jiv : .. ... . ., . .
Where is he? He has fled the coun
try. -
W here is Webster ? He has tied also ;
I think Mills and Webster have left
together: ,. ; ? . -
Who else? A. Mills.
Where is he ? He left the country,
sir -1 .!.... i
Did they leave soon after the occur-
renceJ Yes, sir.
Who else! Gaither Trout.
Where is he ? He is absent from the
country. : -
-Was Calvin Teal there I JNo, sir.
Wm. Mclntire ? -I did not know him
at that time. ,
Wm. Teal ? Wm. Teal I did not re
cognize that night.
Was Amos Owens ? I think not, for
if he had been I should have recognized
his voice. . r .
Any other name ? Yes, sir ; I think
Thomas Mclntire and F. A. Shotwell
were there.
You say they took your pistol away ?
Yes, sir ; the man that asked me where
it was, Avent back into the house. When
I returned I found the drawer in which
my pistol was, open ; the scabbard of
pistol lying on the floor, but the pistol
was gone. Then I sent for a physician
to dress my wounds. . , ! f i
(He was then recalled and asked):
Was Alex. H. Jones elected to Con
gress ? Yes, sir, he was.
TESTIMONY OF J. X. DEPJtlEST.
By Counsel for United States : j
Mr." Deoriest. I wilf read ( a paper ;
see if you recognize it? (Reads oath of
Invisible iumpire.) es, sir,
What was that? That was the oath
of the Invisible Empire. !
Did you belong to that Empire ' x es,
sir. - if.--
What wrere you? I was chief.
Of what camp?. Den No. 3. X
Who administered that -oath to you ?
Mr. It. A. Shotwell. i I i ; I
AVhat did youdo with It irrturn?pl
memorized it, and burnt it up. j. y J
You memorized it and destroyed it?
Yes, sir. . ' - , ; . 1 1 .' i '"' J
Did you ever administer L; es,
sir. - - Li ' : . 1
When were you initiated? In Jan
uary, 1870. f !
Are von still chief? No. sir. !
How long since ? Since last June-
after the raid. . I i
Were you ever on any raid ? No, sir.
Did you ever have any communica
tion with It. A. Shotwell about raids?
No, sir ; I have never talked with him
about any. I was told on j Friday be
fore the raid in town, that he wanted
me to send what men I could.
What rank did 'Mr. Shotwell have?
He was County Commander.! i V
How far from Rutherfordton are you?
Three miles. i !
Which direction ? I live East.
That's on the Shelby road ?; Yes, sir.
How far trom Cox's shop? Little
over a mile. ' NTi-i ' '
When did you hear of this! raid ? : It
was on Friday before the raid. A man
came to my house and said they were
going to make a raid, and Mr. Shotwell
wanted jne to send all the men I could.
- Was.this man a member jof: the In
visib'e Empire ? Yes, sir. j i j -How
doyu tell that?! We have
sums. ' - ! ' -I -j I' J .
Viutt kind of signs? Well, isir, if fe
they: wanted to hnd out il you were a
member they would pass their right
hand behind their right ear, and if you
were a member you would pass your
left hand in the same way "over your
left ; next they would run! their right
hand over the collar of their coat on the
left side, and you would do the same on
the opposite side. Then there : was a
pocket sign, to run their right hand in
their right pocket, and place the heel
of their left foot to the insid6 of their
right, and you would -have (to give a
similar sign witk your hand ami feet.
Then there-was a sign given by 1 the
shake of tho hand. - i ! i
Were these the only signs? iThen
we had signs in snaxing .nanus.
in shaKinjr .nanus, io
pres3 the lore linger on the other per
finger on
son's nana
iiliil III' ill
rectKrnize you
by
smieeze of the middle tin-
i understand vmi to say you were
never on a raid ?
. You were chief;
No, sir : 1 never was.
what was the second
t?ne? Grand Monk. j
What were your messengers! called?
They were called Night Hawks, i
When did you see Mr. Shotwell be
fore the raid? I hadn't seen him for
two weeks before the raid. ; j 1
How often would you meet in your
den? Sometimes every j two! weeks,
and sometimes every . month ; it was
left with the chief. j I i
Why did you go into this association ?
I went in for politics. - ! t !
To assist any party ? Yes,' sir..
Which party? Democratic party.
To put down any party ? The Radi
cal party. I !
Were you bound to obey all orders of
the chief? Yes, sir; all of them.
Any punishment for disobedience ?
No, sir. j I !
Did you know Mr. F. A. Shotwell?
I know the young man whenfl see him.
Did you know he was a member of
the order? No, sir; I did not know.
Amos Owens , did you know - him ?
Yes, sir; he is a member of the order.
Calvin Teal, do you know him? -Yes,
sir; he was a member of the order.
Mention some others ? Wm. Tanner
Wm. Teal, Geo. Holland,! Wm. Mcln
tire; Spencer K. Moore told me since
the raid that he was on it; D. B. For
tune, he was a member ; 1 saw hjm in
disguise. . j l j ;
You said just now, that Moore had
told vou since the raid that he was on
it?';-Yes, sir., -il -
Any of those other person told you?
No, Sir; Wm. Teal told mehcwAS.
Mr. Depriest, has Mr. Shotwell told
you about his being on the: raid? No,
sir. - : . . . .-'j , ; : ':
, Has there been more than one in the
county? Well, I have heard of a great
many, have known of one. j J
.What one was that? , .The raid upon
Rutherfordton. H t . I
Did you see any of them oh that
raid? Yes, sir. .. ''.-U ii j
Did you know any of them ? Yes,
sir.- :. 1 !
Who were they? Wm.F Teal, Alex
ander Mclntire, D. B. Fortune, George
Doggit, Watt Trout, Wm. Alexander,
Logan Hampton and Lot Long, that's
all I can recollect now sir Robert Hor
ton is another.
You say Wm. Tanner told lyou he
was there? No, sir.1 f 1 i .
S. K. Moore did? Yes, sir. i , .
. What time of night did they go?'
They went by my house about 10 o'clock ,
at night ; saw no one to i speak to but
Mclntire; they came back by my house
about two houre before day, from to
wards town, j ! :
Did you hear any noise? No, sir.
xvWhat did they say ? They told me
they had been to Justice's house, ; and
Teal and Trout were of those who told
me. - r. m '.-:-.. ! I j '
AVhat did they say? They said they
had brought Justice out. ! r
Was Mr. Teal present? : Yes, sir; he
was in my house; I do not recollect,
that he was the man who spoke, they
said they brought Justice out, but bad
turned him loose and let hirii go away.
- Did they say why they turned him
loose? They said that he r made such
fair promises that they let him loosed
Did they tell you why they went for
him ? They said their orders i- were to
kill him. i t ii
And they told you they did not ? Yes,
sir. ! : -hi;- Mi
Did any of them belong to your den?
Only one man, Doggett. ;
Did you have any conversation with
Geo. Holland ? On the Friday before
that, he and Mr. Holland told me the
raid was to be made; that they were
going to town to get Justice and to tear
down the tStar Ofliee.
Did they say they were going to kill
Justice? Yes.that was my understand-
mg. - t
Cross-Exami nation by Counsel for
Defendants : I understand you to say
tins oath was administered to you by
R. A. Shotwell? Yes, sir. ; r
You say you memorized it and then
burnt it? Yes, sir.
Do you know it now ? Yes, sir.
Repeat it, if you please. (Witness re
peats oath verbatim.) .
You say Mr. Shotwell gave you this?
"Yu? 'sir -
When was that ? The last of March
"or first of April. - -
Who initiated you ? Alexander Mc
lntire.
When was that? In 1871.
Were you initiated then ? I have
been initiated 12 months. T
AVhen were vou first initiated into
the order? In February, 1870.
And you say y ou were Chief of Den
No. 3? ' Yes, sir. V: ' ; ' 7
Ypu resigned last June ? Yes, sir. j
Did I understand you to say you were
never on a raid ? No, sir ; I Avas never
on one.
Mr. R. A. Shotwell never instructed
you to go on any raid ? No, sir.
Did I understand you to say that you
never knew him to be on "a raid? No,
sir. . ; ;; -,
You say a day after tlie raid you were
told by a party that Shotwell went
home ; did you know he was on it
No, sir. ' -
Who were these men ? Harrill and
Holland. , !
What Holland? Geo. Holland. . i
He told you that Shotwell wanted
you to bring a good force ? Yes, sir.
What did he want you to do? To
send all the men I could into the raid.
Did they say what raid they wanted
to make t They said they were going
to Justice's house and kill him and
Biggerstaff. . i - j
What signs did you have for recogni
tion AVell, sir, they had signs with
the hands this way, (and he, the wit
ness, gavp the signs as belore). j
They were mere signs of recognition,
were they ? Yes, sir. ' )
What were the chief officers' of the
Klan? Chief of "the CountyCounty
Commander, and Chief of the Den.
You Sirid something about a"Gr nd
'Meuk : That was Under the Chief.
Vou said there w;ts a County Com
mander f t( Answer pst.)
'And after the Chief of each Den what
was next Ghmd Monk, Grand Turk, j
an t a ig! 1 1 xittwic.
Yo:i cay you saw Shotwell two weeks
belore tho raid ( Something like two
weeks. .
"1 understand you to say that tho or
gan L:a lion was -to assist tiie 'Democratic
party. You went in for that purpose.?
Yes, sir.
How, sir, can you stand here and say
that this was the purpose of the organ
ization : 1 heard- that was trie purpose,
I heard it from H. I. Cabiniss and 11
A. 'Shotwell. ,:
I understand you to say that Amos
Owens was a member of this order ?
Yes, sir.
How did you know that ? Wrhen
was in conversation with him.
Did Amos Owens tell you he was on
the raid ? Yes, sir ; I seed him and
heard him speak of it since. ;
Did Sliotwell tell you that they were
raiding too much, and it must be stop
ped? Yes, sir, he told me.that.
Well, did he tell you itwThen he gave
you the oath ? Yes, sir, he said they
were raiding too much, and wanted me
to help him stop it. That it was out
side of the order to whip and raid so
mucn down there. -
He told you at the time he adminis
tered the oath ? Yes. sir. i
I understand the witness to say fhat
they were raiding too much lnacertam
part of the county ? Yes, sir.
That raiding and vhipping must be
stopped because it .was outside of the
order? Yes, sir. 1
Did he not go on to tell it was to ad
vance the Democratic party in a lawful
way ? Yes;" sir he. said it was to ad
vance the Conservative party, to get all
tliey could by swearing men in.
How long conversation did you have
with Shotwell at the time he gave you
the oath ? About an hour." j
He gave you the oath in writing ?
Yes, sir.
Did that make you a . chief? Yes,
sir, he appointed me chief on that oc
casibn. 1
Mr. Depriest, were you the chief of
the Den ? Yes, sir.
Did you ever initiate any one ? Ycs,
sir. ' ;
Did you tell them what Shotwell
told you ? Yes, sir. I told them it was
not the intention of the order to raid
and whip. j.
Did you initiate Geo. Harrell? No,
sir. 'j
Did he belong to your Den ? No, sir.
Do you see any of those men who be
longed to your Den? No, sir, I don'
know that there is any member here ;
Doggert wras a member, but he was not
in it. ":;-l:'-".' - V
Was F. A. Shotwell in it? No, sir.
Adolphus Depriest ? No, sir.
, Amos Owens? No, sir.
Calvin Teal ? Yes sir.
" Did you give him those instructions ?
Yes, I suppose 1 did. i i
Was Mr. Tanner ? Yes, sir. 1 s?
" Did you give him those instructions?
I swore him in, and never saw him any
more ; reckon l gave tnem to mm at
the time I swore him in. f
Who were they ? Wm. Teal, Wm.
Mclntire and Davids. ' -
- Did they go raiding at all ? No, sir.
Did any of them secefle ? Yes, sir.
i Why did they t It wa3 told to me,
because I would not allow them to raid.
Under what name did they form ?
Burnt Chimney. :
You took the oath to obey all com
mands ? Yes, sir. --
Who was your superior? 1 Mr. R. A.
Shotwell. : . . "
They were all bound to obey Capt.
Shotwell? Yes, sir.
Did they raid f so, Where? (Ans
wer last.)
What raids ? There had been some
raids on Red River.
Who were they on ?
One of them on
Maize, (a colored man,) and his family.
? what did they do with him and his
family ? They whipped his daughter.
' This raid was in the southern part of
the county ? Yes, sir. i
Were there any others in the! county ?
Yes, sir, there were several down there,
: How many men were there in your
organization i Between four i and five
hundred. r I I if
How many Djens ? Some eight or ten.
Hor many in each Den ? Some forty
or fifty. ;;,
I understood lyou to
just now that this organization was to
advance the Democratic party only
through.lawful j means; now, by what
means aia you advance that party s ,i
said, by lawful means. j i
But you were bound to obey all of-
ders, either lawiui or uniawlui, were
you not ? YesJ sir. i ;'..
You were toi . obey all instructions ?
xes. irom the cniei. i , ?
- Whether lawful or unlawful ? Yes,
sir. :, . ,n - I , ;y
Did the organization extend beyond
Rutherford i county ?; I have not been
out of the county to ascertain tthe factJ
Where did Collins live? fAt She!
by. "' '..,.
V AVhat was your purpose did you say ?
iWellj'sirVto get men in by intimida
tion or otherwise, and swear them, and
get their votes ,111 that way. j
, Did you swear that these raids were
made by-mean! low down and reckless
men? Yes, sir, reckless menJ
By low down men ? I don't know
about that sir.
Were they
don't know as
(irresponsible Inen ? I
I can say so ; they were
mostly by, young men who; wanted
tun.'. .- i ,. .:,'A.-. i' -
Ever upon their own hook ? Well,
sir,' 1 trunk it was often done upon
their own hook. .
Did I understand you to say there
were four or five hundred of the broth
ers ? Well, I can't say there is so
many. I know of over a hundred.
Can you tell why it was done -on the
yonng men's own hook? - They want
ea some tun. and fret a party and cro
raiding, I said it was done- by the
vounsr Chiefs and vounr menJ
Were the Chiefs young men ? Yes,
sir. :,; ' r ..
Were there not some fromgood re
spectable families? Yes, sir, generally
very respectable.
Arc you a member of the I Church ?
No, sir. r
You arc opposed' to raiding ? Yes,
sir.
You find trouble in getting about do
you not f cs
sir.i
JUr. Shotwcii came to you
came to
and told
you he wanted some more
raiding
done ; I don't know that. Ik
came to
me, I went to town! to see him about
fonning a den. I ' , ' J
What passed i abou raidil
nr'
We
talked .about some raids in the
South-
era part of the bounty, wliereja
young
nutn was shot. p - .. f ,
Was he killctl? No, sir. y ;.
Was lie a milder ?J Yes, sir
Who" was 'that?-. I don't recollect.
Was he" a North Carolinian. Yes,
sir;
What eise?
Wei then talked about
it, when he" to?
d me
he wan
ed me to
Jielirstop tlie rj;
lidin'g.
TESTIMONY OP if. M JOtflsW
Counsel for thd United States :
Are you a North Carolinian ? Yes,
sirJ of Rutherford county.
Did you belong to the Invisible Em
pire? Yes, sir; - j
WTas W ebster your Chief? Yes, sir.
Who was the Grand Monki? A. S.
Simmons.
Who was the Grand Turk? J. P.
Goode. 1 ;
Who were the'Night Hawks? . My
self and Ed. Cooley.
When did- you join ?
1871. -'V r.
Last January
Have you ever been on a raid?
Yes,
sir:
Where?. I have been on several ; I
was on one against a man by the name
01 ixsoian,! near tne ooraer i xsonn
Carolina: one on Lizzie Sparks, one on
Ben. Phillips, and another on jGillesple
and Bcasiey. ' t
Can you mention any other? Yes,
sir, the raid on Rutherfordton.
Were you oii that raid? ..Yes,. sir.
How many were eroing out? There
would be different memberst i
About what! number? From eight
to fifteen.
How : many were at Rutherfordton ?
About seventy-five, altogether, and
seven or eight from our den. !
How were yon apprised of tho fact
that there wa3 to be a raid on; Ruther
fordton? I was going from town and
heard of it, but I knew it before. ;that.
How long before that? Monday- or
Tuesday.
How long before Mr. Justice made
his speech against the ku klux? It
was some timel f " . - .
Who spoke of this raid ? IIr. Web
ster, J. D. ; Goode, George Holland,
were tOErether. ! and Mr. Webster said
there must be a raid made
Did you hear Mr. Shotwell say any
thing about it? Yes, sir, they did not
tell me to do anything. j
That was on Tuesday, I understand,
Mr. Jolly, late 111 the day? xcs, sir.
But, they told you they were goin
to raid? Yes, jsir; they said they were
going to make, a raid on Mr. Justice.
When did you hear of it again ? It
was on Thursday. . . I . . , V,
What did you hear then ? Mr. Goode
tolfl me to get ready and go on the raid;
it was to be Sunday night. , j
What was G&ode ? He was Grand
Turk.":"1 s :-:'
Vhat did yo do in connection with
that , ne wanted me to go and sum
mons some men. ' "'. J I .'.
Did you go?! No, sir; I went around
to Holland's on Saturday, but could not
talk with him, and afterwards went on
to the tax-payers Convention J V- i ;
Did you go on the raid? Yes, sir. ,
Did you hear anything about it at
the gathering, at the tax-payers Con
vention? "V es, sir I '
Who did you hear? ,Mr. AV. C. S.
Wood.
Who else?. Mr.Wrebstcr.
Who else? I don't recollect. ;
At whose house? Mr. Thorns'.
Did he know anything about it? No.
sir. 'V - ' -, ':.'i ;;:::- , ' - -- r"" -
You went home then? Yes, sir.
Where were you Saturday nisht?
At home. ' ,;..;. ; ' . )
Counsel : . ' - " '
Go on sir and tell all about the raid.
TlTVill T -.4- r ,1
little before sunset, J. D. Goode," G. F. f
r :
Jen-
Where is Mr, Jenkins?
can
ell
you.
Is lie not at home?
How long since he
I cannot tell.
No. sir.
has been
home?
AVhere is Thos. Haines? I think; he
has left sir. i 1
When did he leave ? Not long after
thelraid. , ? 1
Where is Goode? Gone' off. I met
.Clayton Camp also. V -
Go on sir. : '! f-1 . ' -
We went on and met somo .others.
How far did you live from Ruther
fordton? 1 j
You met some others? Yes-, feir;:
Alfred Harris.Thomas TateandCharlio
Tate. ' " - - '. j -1 ' :' f
Wrhero are they? TI:omas Tate Is4
here, tlie others I don't know where. H
Any other name? Thomas Davls
and Mathew' Burke.. J
Where- does Burke livo? In South
Carolina. Also met Wni. Webster hnd
Edward Cociley: I - , j-
Where is Cooley and Webster? Gone.
Did they go a short time after the
raid? Webster did.- I . ' - - . '
Were there any others ? That'i all
I can recollect now. j i
Were they till in disguise? Some of
them were. ( ! 5
Were you? No, sir; wo went on and
got there first. : They belonged to Horse
Creek Den, that was in South Carolina.
How long did you stay there ? Some
fifteen minutes. 1
How many were there along?
Some
i
thirty. .
How far did you go then?
two miles from town.- I
About
Vhere did you go then 7 to uox's
Shop. ; . 1 I
What did you do there? Wo stayed
and got with another crowd. -
Did you know them ? I No, sir. I
Were the disguised? Yessir j
Did you know any of them ? One of
them. I
Who was he? Riindolph Shotwell.
How many were they altogether?
About seventy-five. t . 'i
Did you hear Shotwell say anything?
He said Mr. Justice must be hung, and
asked the crowd who would pull ;the
rope. Some of them said they would
shoot him. j
How long did you remain there ?
About an hour or two. i
Mr. Shotwell with you when you got
to the Den? Yes, sir. t
Did you need any guides ? We knew
tho way ourselves.
I understood yu to say you knew
Mr. Shotwell? Yes, sir. S
Did you go in town with them ? . No,
sir, i " . t
Where did you go then, If you Uid
not go in town? 1 remained outside.
Did , you hear anything while they
were gone? I heard the firing and
banging of guns. t j
How long were they gone? About
an hour or two. ' -
Did they have an axe along? Yes,
sir; they bought an axe at Scott's. ",
Scott's was the other side, of town.
What did Shotwell have to do with
it? Nothing.
HoW long were they; gone in ;the
town? I think an hour, or an hour and
a half. ' ;
Did they bring any body with them ?
Mr. Justice. I. . .
How far were you from town ? Three
or four hundred yards.
AVhy did they take on Mr. Justice
For being a Radical. He did not stay
close to me but a few minutes. !
Was he wounded ? Not that I could
tell. . i
Was it. raining ? Yes, sir. !
Did he have on anything? He had
on his underclothes.
Why did you raid on Mr. Justice ?
Because he was a Radical. '
Did your Chief tell you the reason?
n cir - Ii
Judge. Brooks : , l
State why you went ? I was ordered
to go.
Was there any reason? I, did 'not
hear of any. i I j
Was there any stated to the crowd at
that night? No, sir. , j
At any time? That day I was in
town and heard Webster talk about it:
he had made a speech against Ku Klux.
I don't know exactly. " f
AY here did you meet 7 in the woods.
How often did. you meet? About
once every two weeks. !
Would they be fully attended.? Some
times they were. j
You were always ready to go on
raids? Yes, sir. - ' . -'
Did Mr. AVebster go ? Ycs, sir. , ,
How many went of Ball Rock Den ?
About thirty. , s
Can you tell anything that took place
when they got back from town with
Justice, when they reproached him for
being a Radical ? No, sir. j
You say you only stayed there a few
minutes; where did you go?, I Went
to my horse.
How many did go along to bring
Justice? About eight or ten.
Did they hang him up? Not that I
know of.
They didn't kill him? No sir;J
don't know why. 1 .
Mention the names of those persons
you knew or as having been on -the
raid. Alfred Harris, Robert Scrugs,
Tom. Davis, Matthew Burke, Tom.
Tate, Charlie. Tate, 1 Edwards; Ha
beas Jenkins, Ed.Uooley, Tom. inuris,
Clayton Camp, G. 8. Goode. j
Avas Holland one? No, sir. 1
Did he go at all? JScvcr went to
town. '.
- Where did you see him ? Once at my
lather's. r , i
AVhat reason did 'he give for hot go
ing?
He had a boil on his leg. 1
He
told you
that was the reason he
didn't go? Yes. sir.
AVhere did he leave the crowd? JHe
left the crowd before I got back I
went home a while. . !
You say ho went home. AVell, what
did he do with his horse ? He gave it
to Holt, who asked to go; his mule
went too. ;r , 1 ;
Ceoss Examination. You say this
was a very dark night? Yes, sir. .
Raining? Part of the time. 1
AVhere did you first see R. A. Shot-
well ? At Cox's Shop. ' f
Did you know him ? Yes, sir. I,
How lontr did you know him? About
twelve months. , 1
How long did you know him at that
time ? About nine months.
How for did you live from him'?
Alx)iit three miles, I
Goode, Tom Haines and I lob in
kins.
    

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