. . . . r . . .... ... i I.' - w : .. . ! -i ' s.: -. ' M ' ' k I : : ' - ' ' ; ; . .- - - , - - ; - - - - : Have vou seen him often? ! Yes sir ; itir Mm that nicrht at CoxTs bhop. by a bld you sec Capt R. A. Shotwell thorn that niffht? Yes. sir:- Ii saw a match struck near him. Was he disguised? No. sir. . Did you sec P. A. Shotwell at all? iso, sir. TESTIMONY OP ALFRED HARRIS, Mr. Harris, listen to me. (Readsthe Invisible Empire oath.) What Is that, Mr- Harris? It was the oath w e took to Join this party. JIow did they swear you? They tied a handkerchief over my eyes ana walked around, and presented a pistol and knives to me afterward. Who administered the oath to you? Lee McAfee. .You say when the bandage was taken niT V1rr liorl nwfnla anrl tnivfs rrpwnt- w tiivj imu 2 - - z - - ed to you : what did they say? They tVu nnt. Kiv murh. thev had Slims. What den did vou belong to? To Horse Creek, in Spartanburg, 8. C. How manv were In that Den? I am unable to tell you how many. (Question and answer lost.) How long have y6u been a member? Since last Mav a vear ago How many raids have you been on? Three, all in North Carolina. irn... f..m. fmrm tlm linn o T-r Xnt1 f About a mile. What other raid were you on? On Rube and Wash McKinney. Why did you raid them ? Well, sir, they had arms. ' Is that all? Yes. sir. Did vou do nnvthinsr else? I did not, sir, but another party went and whipped them ; they said they had or ders. Who rave vou orders to take their arms away? The committee. These things were submitted to the committee generally ? Yes, sir. N What were the different officers of thcKlan? There was "Chief, '"Grand Monarch,'. "Grand Turk," and " Night Hawks." What did the Night Hawks do? They rode over .the county, and went around to call men together. Who gave you information? Mr. Webster. What was he? He was chief. What did he tell you? He said he had orders from Mr. Shotwell to get all the men together he could, to go and make the raid. What were vou to do ? e ! were to kill Mr. Justice, tear down the Star office, and kill Mr. IJiggerstaff. Any more killing ? I think Downey was talked of. Where was Biggerstaff ? In town, I suppose. Do you know where he was ? No, sir ; some one said he was in the old Hotel. ' , What was the reason of your attack ing him? Mr. Shotwell .said ho was to dc hung. ' ' Is that all? That's all; I believe he was a Republican, and hail said a few days before that the ku klux leaders should be hung. What time were you told that ? Fri day night. ' Did Webster tell yoa himself?. Yes, sir. Where did you next hear anything about it? We got orders to meet Sat urday to see who could go. We met in , the fields or in the woods. Had you your disguises on? No, sir, we were then only on raids J some times they would have them, in their pockets. ' What kind of disguises were they? They were red and white with horns. How did they fit? They drew them over their faces. ; What kept the horns up ? They were stuffed with cotton. You say you heard nothing more, about it from Friday till the Saturday night, who werethere ? Win. Scrugs, Thomas Vassett, Judge Ed wards, King Edwards, Swan 1'arris, Jonas Vassett, Aaron Ezell, Lemuel Scrugs, Dennis Scrugs, Jerry (Sidney, Thomas Tate, and I believe that's all. ro these the names of the men that were there Saturday ? Yes, sir. What was said there ? Mr, Juiwards was acting as foreman, and made a mo tion that all could go that wanted to. Seven or eight. You were one of them ? Yes, sir. Was that the way a man could go on a raid, if he wanted to ? That was the wav that-time. How did they do other times? A committee would give out who should go. 4 - . i Were they bound to go? Yes, sir. Lawful, or unlawful, they had to go Yes. sir. ' You were going to kill Mr. Justice and break up the Star office, were you? Yes sir, mat was my unuersianuing. Who went with you ? Ashbury Itck. that was all t we went over to Mrs. Hicks' old mill place, of N. C. Who was there? Robert Scrugs, Jonas Vassett, Judre Edwards, Kin. Edwards; Swan Parris, Win. Webster; I think that was all. Was Wm. Scrugs there? They jsaid he was there, but I didn't sec him. How loner did you stay there ? Not more than a minute after we got there; we came from across Island Ford, Broad River ; no one joined us until wo tame over this side of it : it was Ball Rock Den : John Goodc and Scott Goode joined us there, and Mr. Jolly, and some man I did not know. How Ions did you stay there? We went out and stopied at Cox's Shop.and met several from Cherry Mountain: R.A .Shotwell was there; he was "Grand Chief" of the county. Did you go into town? Yes, sir,but wc didn't take our horses into town; he led us up to the gate, and told us how to co to the stens where Mr. 'Jus tice lived; Peter Camp, Robt. Scrugs and Clavton Gimp went in, but came back and told Mr. Shotwell they could not find the place, and he went and showed them; it was raining very hard and I remained at the gate. Did you hear any noise? Yes, sir; I heard them knocking down the door. How did they bring him out? 4 They just jerked him out. - What did he lu have on? Only his shirt. Did they say any thing to him? I heard them cursing him and telling him to hush, and not make so much noise. . ' i Did he beg? Yes, sir. . What did he say ? He begged for his life, and asked them not to kill him; I heard them say, god damn you, we are going to kill you; and took him over to the horses. , Did you all fire yoar guns? Part of them did; I had no gun; I had no weapon at all; I remained in .town some time after they went on with Jus tice. . 7 , . ! a How long did they go on before? you? I suppose a half an hour. j ' When you came to them, what w ere they saying? Some wanted tokiUhim, and some did not. .1, mA Why did they want to kill? - I don't know sir; I went away as soon ffl I could tret on mv nasr. Cant you tell why they did want to kill him? For being a Republican, I suppose. I Did you see Mr. Russel, of-South they told me he was there: he was beg ging them to spare Justice's life. Do you know who theyjvero? No, sir. - ' f Did you hear them say anything about taking a pistol from Mr. Justice? I heard Phillips ask him for it. Where is he? Idont know where; I haven't seen him since two days after the raid; but I understand he has leit. The first place I met Mr. Shotwell at Cox's Shop; we went to Dalton's house, and there we got an axe; I called and Shotwell answered, and said he was the man and not to talk so loud; we went on Into town ; we tried to get him to go with us, but he was unable to go. Counsel of Defence: t Did you see Shotwell yourself? Only bv the light of a match. -You saw him then, by that match? Yes, sir. TESTIMONY OP TIIOS. TATE. Counsel for the United States : Mr. Tate, listen to this: "I, before the great Immaculate God of Heaven and Earth, do take and sub scribe to the following sacred and bind ing oath and obligation. I promise and swear that I will uphold and de fend the Constitution of the United States as handed down by our forefath ers, in its original purity. I promise and swear that I will reject and oppose the principles of the Radical party in all its forms, and forever maintain and contend that intelligent whie men shall govern this country. I promise and pledge myself to assist, according to my pecuniary circumstances, all brothers in distress. Females, jwidows and their households, shall ever be specially in my care and protection. I promise and swear that I will obey all instructions given me by my chief; and should I ever divulge, or cause to be divulged, any secrets, signs 'or pass words of the invisible iunpire,' i must meet with the fearful and the justful penalty of the traitor, which is Death Death Death, at the hands of the hrpthrcn " Did you ever hear that before ? Yes, sir. When did you hear this? At our meeting. I "The Invisible Emnire.f" Yes, sir, at Horse Creek Den. f Are you a South Carolinian,? es, sir. How far from the North Carolina line? How long did you belong to it? I joi ned about t he 1 st of January. Who initiated you? Koiert scrugs. W'here do you meet? At different places.' . t . In old Houses JNo, sir; part oi tne time at an old field. Sometimes in the woods. f Did you meet there in the day? Sometimes in the day, and -sometimes in the night ; but always in the woods in the day time. ( Did you carry your disguise witn T i 1J you some would and otners wouiu not ; some or tne boys carried tneir's m their pockets. f How did you come to nave disguises, any way : it was ordered py tne cniei to have them. WThat kind did you have ? Some of them were of flannel and of other kind; thev were of different colors, f Were they red, white and yellow ? They were red and white, and calico all of different kinds, but I never saw any yellow ones. L Have horns on them ? Yessir. Have gowns? No, sir. Who was chief? Scrugs. f Did you ever go on any raids ? Yes, sir; tnree oi tnem. Where? The hrst on some colored men, iiooert Aicivenny Bridges. and Wilson What did you understand it was for? That was the orders ; I was not at the meeting and did not know. 1 did not help to whip them. " i Suppose you nad torn who iWiuppeu McKenny ? I never saw him whipped. .Well, Suppose you had told who had been on the raid ? They would have killed me. 'X. What was the purpose of the .Society ? It was to keep down the colored from mixing with the whites. To keep them from marrying SLc, and to koep them from voting. f When did you hear of this raid on Rutherford ton? On the Saturday before it was made. ,r ' . Who told you of it? Wm. Scrugs I was cutting wheat for him, and he came back and told me to come to the meeting. Did he tell you to go? No, sir: the chief came and told me Jonas Vassey told me on Sunday. How far do you live from Ruther fordton ? Twenty-three miles, sir. What time did you start ? They met at Mrs. Hick's old mill place two hours before sun. Who were there? Robert Scrugs, Alfred Harris, Wm. Scrugs,! Thomas Davis, Matthew Burke, Charley Tate, a brother of mine, Judge Edwards, King Edwards, ArisEll Bruco Martin, as they called him, and Wm. JSVebster. Did Scrugs go to town? No, sir, he said he was not well enough. J Was he on a horse ? Yes, sir, he car ried it back home with him. What did he do with the saddle?, He loaned it to me to ride onlthe raid. Did he have a gun ? Yes, sir. - Who had that ? Jonas Vassey had his gun. David Collins was not there. Did he loan the horse? I don't know, sir; lie had his mule along. J1 s ' Who had it? Judge Edwards. Did Mr. Collins belong to the order what one ? To the Invisible Empire. To the Horse Creek Den? ( Yes, sir. We left there on Saturday evening. Where did you meet some) of the " Ball Rock Den ?" About seven miles, near the Sulphur Springs. - Did you have on yourdisguise? Yes, sir. I didn't know any of them in i hat crowd but John Goode, who belonged to the " Ball Rock Den." Where did you go then ? To Cox's ; there were two men that I didn't know that came in the crowd. I was behind the crowd ; they both came back to where I was. and I saw tnem speaK to Shotwell, the chief of Rutherford. How long did you stay at tne shop ? No longer than about half an hour. You say two men came up and asked after them ; what did they say ? They said that they were going to kill Mr. Justice and Mr. Downey, and tear down the Star office. (. What kind of a looking man was he? I didn't know ; would not know , him if I were to see him. I Where did you go next? Well, they went on from Cox's shop and) stopped a mile tnis siae oi me lown ana toia me they wanted to get an axe And wasShotweli'snamecalled there? No. sir. They went on to town. In sisrht of town they dismounted. I was still in the rear of the crowd. Some of them did not dismount. Some of them had e-one into town, and I went Into town, behind them. I We were dis mounted then ; the crowd had stopped at th$ gate. I saw this man Shotwell point at the door (he was at the gate) and tell them there was the door. I was standing behind them, and I walk ed behind a tree. I staid there until they! had brought him out. I then started to go out of town by the Court House, when Webster came up and told fne to stop and go back and help tear down the Star office. I went on then to where the horses were, and saw Mr Justice standing in the road. What 'did they go to the Star office for? I I don't know, sir. I walked by within five feet, and I heard Mr. Jus tice talking to them, and heard him say, "Please excuse me," for he was about to faint,- I heard. Said to sit down and rest and pray for his time was soon to come. I stood by the horses some five minutes and heard some of them ride off and come up close to Mr. Justice. I saw a man standing between them begging for him, and I went off. I Why did you go on that raid against that widow's son ? I did not know, sir. -: ' i Did he live with his mother? I thought that widows were your especial care? (No answer.) . ' Did you raid In South Carolina any ? Nd,ir. illow far were the McKinrtys from youHvhen you raided them ? Two and a half miles. - TESTIMONY OF JOllN IIARML,!,. Counsel : j Listen to me, Mr. Harrill : iHere he read the oath of the Invisi ble Empire.) ' i Did you ever hear j- that before ? Something like it. i S I What is it ? The oath of the Associ ation "The Invisible Empire." ; I How long did you belong to that ? Eight months. i Who initiated you ? tin J i I I In' North Carolina ? Cleaveland County. I Richard Mar Yes, sir ; in I Have you been on any raids? One on (Ben Maize last of March or first April last. 1 j What did you raid him for? His daughter had a fight with a white man and ,we whipped her. ! f How many of you did it take? There was about thirty-five of us. AVhip anybody else ? JNo, sir. How -many licks? About twenty- five or thirty. Who told you to go : eoster. He was the Chief, was he? Yes, sir. What was your Den ? Burnt Chim ney. Are you of the Den who succeeded Depriest? Yes, sir. ! How long have you left Depriest Den? We only changed name and Chief. Wbll, about a couple of months. ! Vho told you to go on Ben Maize? Wiebster. I ! Well, did Webster send to you ? No, sir; I don't know how the order came. I S-ent with Webster about 1( miles in NJ C. We started to go to Scoggins'. t What for? To Whip Andy and Bill, t What for ? Because they opposed the Ku Klux, and belonged to the other party. ! i What other party ? The Republican Party. Scoggins had a good character ? Yes, sir. iVell, sir, you say you went to wnip niilv shot to frighten him. j What was the next? On Granville Miller. 1 fWhat for ? For keeping some white kvrimen. i i .iYou say that' was the raid against Miller? Yes, sir. Did you whip him ? Yes, sir. illow many licks did you give him ? Twenty or thirty. ( you Wilip UUliA . ICS, rjii, went back there again Sunday night and whipped him. : llow many liCKsr Tventy-nve or thirty. i Do vou mean twentv-hve altogether bv the men? I mean twenty-five each time altogether. That was the hist raid 1 ivas on. " i iDid you say anything about politics? .Yes, sir; one of them said, "you must be careful how you vote hereafter." ' IDid you hear anything from Shotwell about the raid on Rutherfdrdton ? Yes, sir ; on Friday before the raid was made on Sunday night. : I Did you see him ? I Yes, sir: in town. !' i Where did vou hear)f this raid ? Holland told me this-raid was to be made. We were at Burnt Chimney Den. and I told him there that I had a little business up to wig and we went up town tosretner and;mei notwen in town. He said they were going to kill Justice and Biggerstaff, and was goiu to kill Justice firsts I ; Did he shy anything about Downy.? Yes, sir, 1 believe he did, but l don' know now what it was. ; Was any one else with him? No, sir. i Did you talk with any one else about ?the raid ? ro, sir. ! ' '.Did you talk with F. A. Shotwell? No, sir. . - I jDo you know himj? Yes, sir. , ;Was he a member of the Klan ? Yes, sir. ' diowdo vou know? 1 met him on tbo road one day and he gave me the grip. . iwhat did he say ? He said some thing about Ku; Kluxing, and asked hbiv we were getting on. 'Did you know Shotwell then ? Yes, sir. ; j i ' . How for from Rutherfordton did you live?r Five miles, i . Are you a butcher ? Yes, sir. Sold beef in Rutherfordton ? Yes, sir. ' How many dens were there? I don't know sir. ' Can you mention them ? There was, Cherry Mountain, Horse Creek, (some times called Island Ford,) WTebster's Den, Chimney Rock Den, and there was another, Hannuck was the Chief, that I think was the name of it. WThat was the Depriest Den named? Tliey called it Burnt Chimney. . Depriest was chief,' was he not ? Yes, Sir. : I i". Caii you mention any other? Yes, m . . V. . .a it .11. 'II sir. .dick lxm. tie was uniei. mat s an I can recollect, i Who was town Chief? Laddy Mills. Did you talk with Laddy Mills about that raid ? Yes, sir, he knew all about it, he was on Cherry Mountain, when it was talked of. j i Who lives there ? Amos Owens. ! WThat were you; doing there ? There was many cherries there, and we would go there and eat them often. ; v Did ; you talk j with ; O wens ? Yes, sir. j j . . . He said he was going ? Yes, sir. Didi he go? I don't know sir, he said he could meet us at Red Tavern, i It was a secret - j in the order wasn't it? Of course it was.! , Did 3Ir. Randolph Shotwell say any thing about his gon op the raid?" I don't know whether he did or not, he this party, respectable man oi tnat coun jty, for being a Republican ? Yes, sir. you suuoi Aiuiz.e i oh , muv wanted me to meet him between Cox's and Eaves'. So I could throw the men out of the road, until the whole crowd come: he said he was going to town to see Mclntyre, to try and get him to go with him. 1 Now what was the purpose of this "order Invisible Empire? If I under stand it right, it was to raise our party and put down the other. Ml j ' How were you going to do it? They use to talk of hea ps of ways. Some of them? Well, they said they would raid around before election. Did you hear them talk of it much ? Yes, sir, Shotwell told me they would. Who did you hear talk dbout it in that way? I heard them all, I could not say which one. . Did you ever persuade men, or would you rather force them? We .would tell them to sro into it, and many would join" through fright. 1 1 . f You don't answer my question, j. asked you if they ever persuaded them? No, sir, force was the general manner. In obeying instructions, did you obey all ? Yes, sir as a general thing. Did you go on your own ihook as a general thing? No, sir; we would have to go by orders from the Chief. ii i TESTIMONY OF T. J. DOWNEY. j, Counsel for the United States : What is your name sir ? T. J. Dow ney is my name sir. f Listen to me Mr. Downey, and, tell me if you ever heard this before? (Reads oath of "Invisible Empire.") Yes. sir. -' . i - ') What, is it? It is the oath of the Invisible Empire. H . i Did you belong to it t i es, sir. When were you initiated? In last February or March. Who initiated you ? Mr. Jesse De- priest. ' 'i . j r "A- Is he the gentleman who has lost a leg? Yes, sir. Where do you live? About 3 miles east of Rutherfordton. Were you on any iv.ids ? No, sir. Did vou know my thing about the raid on Rutherf xlton ? No, sir. It had been talked i two or three months before it was iit..v-e. i i Who talked of it ? Mr. Depriest. What did he say? He said that Shotwell had ordered a raid on Ruth erfordton, and it was to bei made. Who was the Grand Chief of the country? R. A. Shotwell. . ; Any one else talk about it ? McBrier did sir. 1 1 How long before the raid was that ? It was some time before the raid.' Did he say who it was to be against ? They said they were going to raid on J. B. Carpenter, Judge Logan and Mr. Justice. I j ) Did they say what they! were going to do with them ? They w ere going to kill them, they said they! were going to kill Justice and Judge! Logan, and skin Carpenter alive. ; For what ? They were each radicals? that they could not Jivej with them, and that they were going to rule! the country. - i Did you know whether (that wras be fore Mr. Justice came home .; from j the Legislature, or afterward? I don't know, sir. I : Where were you ? At Depriest's.; . Was McBrier there? No, sir. I De priest told me-that McBrier told him, and after that McBrier told me him self. - h - Was he one of the members? He 'was chief of the "Burnt Chimney" Den. What den do you belong to ? j De priest's. " h ! Were you on the raid at Rutherford ton? No, sir. ; j Did you see any of them ?j Yes,! sir, five came to my house and called me out. It was between two and three o'clock in the morning, !and my wife woke me up, and I heard them blow a whistle,and I knew it was the ku klux. 1 opened the door, they 1 1 were all on horses. I asked them in ; they said they had a little business to settle with ; me, and to come out. I said come in gen tlemen, when one of them fired at my feet and said "come out you dam ras cal," we have hung your friend Justice and have come to put you through. They told me Justice had told them that I had betrayed them. I. told them that the report had got out on me, but I had satisfied the parties! and was not the man who betrayed j them. They told me then that I was a clam liar rthey said they thought three liundred would do me; another then said no, I think two hundred will do mm ; anotner tnen said no, one hundred would do ; '! and another said he thought they had bet ter not whip me at all ; then one -j said "god dam him,FU give him some any how;'! he broke pii' an old i field pine top and commenced beating me jwith it, and then two others icame up, one with a stick and One with a board. They told me then to g6 back in the house ; I went back in, and after I got in they called me to the door again, one fellow then said "god dam him shoot him ;" another said no don't shoot. They told me never to swear against any of my neighbors. They said they lived in Spartanburg S. C , and ! said they had to go, for they r had a good piece to go and if ever they heard of me swearing against any of my neigh bors they would call and see me again. Did they bring blood from you? Yes, sir, on my arm and hip. j ! What did you have on? My shirt and .drawers. j How long were they there an hour or lonsrer. U half , Did you ever find out who they were? Yes, sir. j .1 How ? They told me afterward there were Wm. Alexander, Wm. Teal, Loxs Long,SpencerMoore,and Logan Hamp ton, and they told me, that there was sixteen there, but I didn't see them. Joseph Fortune told me he went to my house. -i . " x M S. Were you a ku klux at that time? Yes, sir, I was a member of that party. : Did you attend every meeting? Yes, eir rruTi-ilnrlv. !' Ml! rl . They charged you with; betraying them to Justice? Yes, sir. They said they had hunghim ? Yes, sir, and they had come to put me through. They were going to shoot me. They concluded to whip me, however Auctioned it down did they, - from three hundred to two hundred and then to one hundred ? Yes, sir. ' ; Well, did you ever hear any one say they were on iherfaid to Rutherfordton except these men ? Yes, i sir, l nave heard Gaither Trout.uoc fortune, watt Trout, Joe Fortune, Geo. Doggett and "Julius Fortune. m i ' r Who else? I do not remember any one else at this time, but there were more. . ! i '-' ; - Did you know Adolphus Depnest? Yes,sir, didn't know of his being along. Was he a member of the order I un derstand so, but didn't know. ; WThat vas the order lor i io put down the radicals. i ' i ' How? Bv whipping and killing them out, and scaring them so that they would not go to the election. I was or dered to have my uniform three weeks before the election, to ride around and r sro scanner and whipping the Radicals. Jesse Depriest gave the orders. - Which election was thai ? The last election, sir. ! ; You say Mr. Jesse Depriest gave you that order to uniform yourselves X Yes, sir - - - "' v : 1 'v ' ' ' Did you ever go disguised ? I never wore it, sir. ' u ' - ' How was it made ? Lik the others. Where is it ? Mr. Bosher! has it. ! Would you know it if you would see it ? ' Yes sir. (Gown and cap shown witness ; wit ness puts it on.) That was the uniform you would go to raid'in ? Yes, sir. ,r Did you know R. A. Shctwell? Yes, sir.- . '' ; : i?" v , Did you know him as a member of the order? Yes, sir, Depriest told .me. , whnf. wns hf ? Second chief oi tne county. By Counsel for Defence : - HRass-Ex'AMiNATiox. Mr. Downey, whpn did vou ioin this order ? In Feb ruary or March, J don't know which. In 1871? Yes. sir. ' I- ! What wrere your politics w hen you wont, in ? I was a Republican. What did vou coin for?! To find out what it was. You took that oath ? Yes, sir, but only to find out what was going on.- .For what purpose ? to Detray mem. ' How did you happen to do that ? After the first raid a man was killed ; I thought it best to stop it. Who put you up to it? I No one put me up to it. I talked, with a man named Capt. Eaves, who had been in the army three years with me, and he told me to go into it if I could jwith safety. Was he your Captain during the war? es sir. I Was Tie a Republican ? jl don't know if he was then, but he is now. Was he your neighbor ? Yes, sir. Do you know if he was elected as a Republican to the Senate ? I knew that he was elected. I Did you vote for him ? I don't re collect. ' " Now, can you tell this Jury that he is in your district, and! that he was V - . a m 1 t . i 1. elected, and that you Jdid not know what he was? IN o, sir, Is Capt. Eaves a son-in-law of Judge Logan f Yes, sir. ; ': m Did you have any conversation with Judge Logan before you wTent into this orderf No, sir. ! . Since you went in f No, sir. Didn't you confess anything to himi; No, sir, not until after. I had told on them. . j You were the first thaf told, were you not f Yes, sir. ' When did you tell f In the latter part of June or the first j)f July. S When did you get your . whipping f About June 11. j I Did you tell immcdately after that f No, sir, it was two or three days, and probably a week: 1 Nov,Vou say it was? two or three days after the whipping, and yet, a little while ago you said it was about the latter part June or the 1st of July ? Well, sir, I am mt positive of the time. Who did you tell ? Judge Logan, j When did you tell him? Some two or three days after I was whipped. Did he promise to give you any thing? No, sir. Did you tell anybody else about this thing before you were whipped? I told Capt. Eaves about ii:-. I correspon ded with him all this time, r Never told anyone eLke? No, sir. i When you were whipped, you out with it? Yes, sir. , Did you say after this! whipping, you out and told all about fit, and left the order? No, sir ; I told them I had told Judge Logan and had madei an affi- davit. When was that? xw o or three days afterwrards. Did you attend .any meeting after after that? No, sir; none was iieiti that, to my knowledge. Did you nave any after that time with Communication the order ? No, sir. Did you have any with any officer of the communication order after that time?j With Jesse Depriest What did ne say were crone up. He said they You had no communication with the order as a member afi er that time?1 No, sir : none at all. Who grave you those orders about getting your uniform ? When did you get Jesse Depriest. them ? Some three or four ,weeks bef( 1, re" the raid was made on town Don't vou know that'. he- cave no order? No. jsir; I know that I got orders to have; my uniform. 1 You are certain of that ? I am , sir. Wasn't he opposed tj raiding? He always said he was opposed to raiding but would never try to stop it. j Now, sir, you say that on this raid they were going to make on Ruther fordton they vere going to kill all three men ? They said that they were going to Kill Mr. Justice and! Judge Logan, and skin Carpenter alive.. ! .Did you state that they were going to whip and kill on their raids ? They said they were, going to scare, .whip, and kill them out. Did Depriest tell you' of this ? Yes, sir: some two or three months before. Didn't you tell Capt. Eaves about it ? Ycs, sir; I told him that they were go ing to kill Mr. Justice and Judge Logan and skin Carpenter. . We talked of it a good deal, i . -. Did you get any orders to go on that raid? N, sir. '. j 'i--;.-v . Who told you about the purpose be ing to kill? Jesse Depriest. Any one else? I heard it from other parties. ; ! ' - - S Howl long did you say you had orders to have your uniform before the elec tion f We. wrere ordered to have them three weeks before the election. You don't know whether Adolphus Depriest was on that raid or not ffl heard he was. I don't know whether he was or not. ; Did you ever hear from him that he was there T No, sir. 1 Didn't you once swear that he was there I said I though he -was there. When did thatfplace t Here before the Grand Jury. I - Did you not swear positively that he was there f I think I told , them I thought so from his voice. K i You did not tell the Gand Jury ios itively that he was there f No, sir. Did you know him f Yes sir. ' I; You were before this same jury on this very question, I think f Yesrsir. Iu last June t Yes, sir. vi But now you say that you didiriot know whether he was there or not t -1 told the Grand Jury I was of opinion that he was there. ; ;r-K, Did you ever see Adolphus Depriest before the raid f I had seen him fre- Suently, but not for some time before io raid. - - - v: Still you say you knew it was him by his voice t Yes, sir. j?1 ; r " -Did you tell them you took i t to be him from his general appearance t I aon7t thmK so. MB - I Testimony of Ijvljvs ' . -rrifi Sfnfps: ' ; now oiu uru jv" ,V,ir in Tanu ing on 19 years old. Will be in Janu ar& overhear this before JJReacls oatli of "Invisible Empire.") ; Yes, sir it w&s the oath l iook. Did you belong to the "Invisible ? l":.StT: f Decatur De- vno guve m , : priest. ' . ivhprfi is he? He is dead. He was killed by McGaha. ,of. ' Did you go on the McGather "Yes sir ' ' : ToTriAt. on it f Yes, sir. raid : What did they do on that f raid? iioH thft house at for rV.o 'I'M av kh ill ucj t at home. They am now uo bu a mv. ni Tv-onr on in wliere ims .i"' ik- i-nnil took her S3 SSElwSS fr'Then ftgr went td McGaha's first, then to the , old black 's. and then to uwen s, -uuu whipped him in the house. They nev er TOOK llliu uuu w , i xvuL am von ioin the ''Invisible Empire f" I-ast February a year ago. just iuiui, rArnla riiri vnn 1 fro on the Mcuana raid f It was February 22d 1870. I How far did McGaha live from you Tlolfn milp. : v ...-',-! ' ' IDid you get orders to gof There was Jit.: i,Y..v .r that ntehti I went j.l z. irTntvra wns m command or a onr tjip mftfitiusr they got tne to co to JMCijraiias and they pitched out and (went to -KTn-Ja hnnetpj Reached the house r -KrnoYn hnf: did not find him. TTn hmo Tirf of. hnmp. - lit uo m I Whotrnn rlul VOU W llD OWCnS 10T F Because he talked too much $ and work i l if fin I - ' " I wTinftrpm his politics f He had vo ted the Conservative ticket before that i rid vnii know thatf I heard that. What tattling did he dof SI don't know sir. they never told me, they rl ho. talked too much. I Reported some distillery did he not f Yes, sir, I think he did. M Tiul von charcre him with that t nf tho frovd talked about it. Were some of the crowd distillers t I don't know .sir. Mclntyre was up for distilling. t , i 41 I Anvhodv else fr I don't know wheth er there was any person along who rlpnlt. in linuors: ves. Ibelicve James Ruwzv and several oflthem were taken tin fnr distillinir. 1 I Dirl vou ever ero on any other raid t On Rutherfordton. i f I Wfe thev the bnlv twof Yes, sir. What ripn did vou belong to? To Cherry Mountain, John Witherow was Chief. i; ' ! " I When did vou hear of this raid on Rutherfordton ? I think I heard of it the Saturday before the raid was made. I When did you first hear of it ; please statfi I reckon about two br three weeks before. ! j Are vou certain it was as rnuch as two weeks t, Thre .was a night set for the raid, when.tney were going io raiu the next nicrht. but they did not go till sometime afterward. . s Where did you hear of it first? I can't say. i How often would you meet in the den f Towards the last, about once a week. - - ' ' : I What did you mean by "towards the last." Before you broke up t ' Yes, sir. How long before you broke up did you meet once a week ? Sbmething like two weeks. Did you hear there was to lie a raid ? No, sir, I don't think I did. You say it was fixed two Weeks be fore to raid on Justice ? -Yes, sir. Do you know why they did not go on the first time of appointment ? No, sir. Did you hear it from members of the ku klux Invisible Empire? Yes, sir, or I never would have heard of it. ; Did you ever hear Mr. Amos Owens speak of it ? No, sirv I r When did you see fiim ? We started from his house. - ; When did you go" to his house ? About two hours before sunse :, Sunday evening. ' . - When did you leave ? About dark. How far from town ? Twelve or four teen miles ? ! V Who were there besides you? 'Alex. Mclntyre, Robt. Horton, Bill Mclntire, Logan Hampton, Wm Teal, Lox Dong, Spencer K. Moore,. John Hunt, Wm. Alexander, Robt. Hunt, Coran Rollins, Julius Fortune, from Whitesides' set tlement. : 5 . Was this Horton in the l?idicafor office? Yes, sir.! Joseph Fortune was another. .1 ' Was Adolphus Depriest at Owens' that Sunday night ? Yes, sir. Did he go oft with' you ? No, sir. . Who else ? Bill Cochran was there. Where is he? I don't know, unless at home. ' j "You say Adolphus Depriest did not go with you ? He asked me if he might have my horse to ride, but I told him I wanted my horse myself. Did you own a horse yourself? No, sir ; I borrowed one from Amos Owens. Did Amos Owens send ' any other horse besides the one you had ? Yes, sir ; three of his horses were on the raid. ; r . j- . . M- ; s, Did depriest ' own a horse himself ? No; sir. ' - .' " ; ; How is he kin to Jesse ? Was Jn's uncle. . -i :- To Decatur Depriest whatkin?! A kind of a grand uncle. i 1 . Were you at Cherry Mountain the Saturday before the raid ? Yes, sir." Did you know if Addiej Shotwell was ? I don't know, sir. I Were you there Friday ? I don't know, sir ; I was there several days be fore, and on Saturday; j iWhat did you join this society for did you hear what it was for They dhi not tell me anything until after I had joined. iyf What did they talk about ? They tajked about bringing in as many men a9 they could, that is to swear them in, and if there was any whipping to be done it was given to a committee who would do it. What did they whip for ? f For steal ing, or if any one would fall out with, or were disliked by them. That is, if two men would fall out, and tone was a member of the order the other would be whipped if the ku klux j wanted it, and reported it to the den. f v "What else, now ? I don't know as I can tell what all they did whip for. Did you ! ever hear anything about politics ? No, sir, not then. I . At any time ? No, sir. f Were you against people for being ' of one politics or another? No; sir. What did they go on the raid to Mr. Justice's for ? I don't know, sir. ' . You never heard anything said ? No, sir. - - y " ' " - - Were you ah officer ? No, sir ; a pri vate.' .;.-V-i'..'"-' ' s':.:f-i' ; J Have you ever ; heard anything said yhy they went on Mr. Justice ? No, 4 sir. ! i , : What did they say they wer6 going to do to Mr. Justice ( ney unci n n norted .that they wexe going to kill i t - - , I Who said that ? John Harrill, sir! Anything else ? No, sir. ? Was anything said about killing Mr. Justice on the Sunday night at Amos Owen' ? No, sir. f nlrrvnu n-o on the raid to town tf I went to the edge of town. TA vnii CO into town i io, sir. Did you see R. A. Shotwell that night? Yes, sir; about a mile and a half from town. v Did you know him well?. Yes, sir. What was his place in the order-a private ? I think lie was Chief of Ruth erford County. , , Did he take command of you that night of Cox's Shop ? Yes. si'. j i Well, OU say you didn't go ltito t0Were did you stay ? About the foot of the hill. ' '. . 1 j ... I With the horses f No, sir; I did Hot hold the horses. . i Did vou see Mr. Justice that night t I don't know that I saw him, but I heard him speak,.and knew It was .his voice. - ii. i ' Did you hear any one ask him what his name was Yes, sir, I think I did. Wfyit did ho say ? He told theniihw name. , , , . , T . What did they do to him f ) I cannot tell you what they did. I got on my hors(J and left them in the road. , Where did you go to I went home. Did you go to Downey's Yes, sir. What did they do t They whipped him. I ' ' i , ' 4 How many went to Downeys's A crowd was going from the mountain with fifteen. ' 1 .l Did you see him whipped t cs, sir ' '.- Did you whip him f No, sir, I never got from my horse. ; Did vou see them break down the Star office No, si r,;' I started to go to towii, but they, were shooting so I fear ed they would shoot me. - t When did you say you. first heard of this f They said two weeks before that there must be a raid on Rutherfordton, but did not go until afterward. j Cass-ExAMiNTiox.Mr. Fortune did you say that Mr. Adolphus De priest was at Cherry Mountain t Yes, sir' 1 ' . " j lie was going was het Yes, sir. Wasn't he very drunk that night He had been drinking. Didn't you know he was very tight YesJ sir, he was very much under ;the influence of liquor. I Was he too much so to know vfhat he was doing t No, sir, I don't know that. . , , ,1 Wasn't he very much umler the in fluence of it f Yes, sir. j You said upon your examination that three of Mr. Amos Owen's horses were there, and that you had one, did you take it without saying anything about itf No, sir, I asked him for it. And he said you might go t No sir. but ie told me twas in the pasture and helped me saddle it up. You say you raided a man named McGathy, was he white or colored He Was a white man. . - t ' Whqrf; was he raided for t Soma off the nonnlp did not like him' much, and said that he was a mean man, some of them wanted to iro on a raid that hight, jjand so they made up a crowd and went. Some said ne was a mean man, and went on that account? Yes, sir. :l ' i You say Mr. Owens was also a mean -, . .Yes, whi)te man f Yes, sir. ' And tnat lie talked too mucii r sir. That he was a Conservative Yes, that sir. l understood that he voted ticket before. Some of them had a spite against him for reporting a distillery A'es, sir. And that there was a man named was a distil- Mclntyre with you who lerf Yes, sir. ' Did you kiiow John Harrell Yes, sir.: - . ' ' i l Counsel for the United States : Did you know the fact that he' was very active in getting up this raid Ho was the first to tell me about it. and said he was goincr to kill Mr. Justice. Did he tell you he was verv active In riding around "Night Hawking" it No, sir, he said he was going on if. Did he tell you he was'iroino- off to South Caroling Yes, sir, I think he did. ; I . Did he tell you that he had received word from Judge Locran that if he come back he would be all right N6, sir. I don't know as he told mo. ! You belong to Cherry Mountain Den Yes. sir. 1 Amos Owens belong to that Yes, sir. ! Did any of these men belong to that den Yes, sir. Mclntvre did. i ( j For the Carolina Era. 1 Sai.iseuky, N. a, Sept. 27, 1871. Hon. Lewis Hanes, i; Mi Dear Sir I read your "saluta ory" In The Era of yesterday with sentiments of profound pleasure niul approval. That I have been a steadfast supporter of the great National-Union- ltepuDiican party from to the pres ent time no man can deny. That I have had no sympaty with the conduct of the Radical party in this State for he last two years is well known to all. : have known and maintained all the while that the re-eshiblishment of the T tl! i A . n. . T iwpuuiican pany in tins state. Upon tne great principles of "All RlnbtH for All," would bo absolutely necessary for the welfare of the State, and your ap pearance in The Era furnishes the firmest guarantees for her salutary fu ture, x ou possess in an emminent de gree the very important requisites for editorial efficiency, of honesty, Intelli gence and dignity and propriety of style ; and I feel sure that the political literature and management ofTiiE Era, with your assistance, will win many hundreds, yea, thousands of the goocl old Whigs of former days who have been, in part only. Democratic sincetho war. over to our fold. I have read but few Radical papers published in this State since my ! own paper, The Register went down in-lSG8, and have been a subscriber to none. I signify my appreciation of the good time coming by Inclosing post office or der for one year's subscription to ITjie Tri-Weekly Era. 1 Yours very truly, i 1 II. II. HELPER. ' - For the Carolina Era. i Mr. Editor : For the purpose of I gratifying the Idle curiosity of many i of my friends (so-called in relation tn, myjxriitics,! beg leave to assert boldly and truthfully, that I march in the ranks of the Nutional Republican Party. Respectfully, SalLsbury, N. CV, Sept. 25th, 187L . 1 A carpenter being asked for a riddle, propounded the following: "I picked it up; I couldn't find it; I wanted to got rid of it." It was a sliver In his foot.