North Carolina Newspapers

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i I.' - w : .. . ! -i ' s.: -. ' M ' ' k
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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.
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
What did the Night Hawks do?
They rode over .the county, and went
around to call men together.
Who gave you information? Mr.
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
office, and kill Mr. IJiggerstaff.
Any more killing ? I think
was talked of.
Where was Biggerstaff ? In town, I
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,
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
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.
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,
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,
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
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
Did he tell you to go?
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 ?
illow far were the McKinrtys from
youHvhen you raided them ? Two and
a half miles.
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
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?
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
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
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,
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
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
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
, 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
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
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-
When was that? xw
o or three days
Did you attend .any
that? No, sir; none
was iieiti
that, to my knowledge.
Did you nave any
after that time with
the order ? No,
Did you have any
with any officer of the
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(
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
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
? 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.
: What did they do on that f raid?
iioH thft house at
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
! 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
-, .
whi)te man f Yes, sir. '
And tnat lie talked too mucii r
That he was a Conservative
sir. l understood that he voted
ticket before.
Some of them had a spite against
him for reporting a distillery A'es,
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
' - 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.
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.

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