tfjt l)ccflu Carolina tn, Xlntea of -Vdvert t , TBI-WEKKLT AXO WEKK I.Y BY TUB ERA PUBLISHING COMPANY. , ; ... s - ; I One sqiiarc,.ono time, . i (XI " twoumos, - - ' three times,- - - - ; 1 to- I 2 00 TSutoA oT Hulcriitioii t : A square is the tcidth of a column, and 11 inches deep. , . : 1 r Contract Advertisements , taken at proportionately low rates. . . ' , Professional Cards, notexceedlnglMjuarei will be published one year for 12. ? Tui-Wkkki.y Onoyear. In ai.lv an ec, $1 00 ,'6 months. In advance, 2 00 3 months, in advance, 1 00 f . I month, in advance. 50 , . t No! 18. Wekslt-One year, in advance, : Six months, in advance, 00 50 Vol. 1. 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.