IN THE GENERAL SESSIONS, YORK,

September Term, 1871.

Your grand jury respectfully report that, after a laborious session of nearly two weeks, they have been able to investigate many affairs pertaining to the condition of the county, the results of which investigation we herewith submit:

Your jury have examined the county poor-house, and find its condition improved since last report; the inmates are well clothed, and seem to be in comfortable condition; three of the houses on the premises need repairing, and in one the hearth needs repairs, as it is dangerous in its present condition.

The county jail has been repaired as recommended in our last report; we also recommend that the other rooms of the jail be altered as recommended in last report, and that the passage-way in the third story of the building be ceiled with plank in place of the present plastered walls. We also recommend that the county commissioners be required to furnish the jailer with a sufficient supply of blankets to provide for the comfort of the prisoners confined therein during the winter; the number required we cannot estimate fully, but suggest that it be so regulated as to give each inmate a sufficient supply for his comfort. Your grand jury have given the requisite examination to the public offices, and find the same in good condition; the books in the respective offices seem to be kept correctly, so far as our examination permitted us to decide.

From information furnished us by Trial Justice R. L. Crook and M. O'Connell, we have to present Absolam Adkins, of this county, for the crime of bigamy, and suggest that the proper proceedings be commenced against him upon this presentment.

In reference to the special charge of your honor relating to information furnished the Hon. John Scott, chairman of congressional investigating committee, relative to outrages said to have been recently committed in this county by organized bodies of men, we report that we have given the matter therein mentioned an investigation, occupying over a week's time of our present session. The charges of violence emanated, it is said, from Hon. A. S. Wallace and Colonel Lewis Merrill, commandant of this post. Your grand jury had these persons summoned before them, and find upon examination that neither of them were able to state any facts from individual knowledge. The Hon. A. S. Wallace stated that he had reported a school-house burned in Fairfield County, but gave no information as to a school-house having been burned in York County, and if such a crime has been committed anywhere in this county we have failed to obtain the slightest evidence of the fact, even by hearsay, or otherwise, from a large number of witnesses examined representing all sections of the county. Colonel Merrill furnished your grand jury with the names of a large number of witnesses, whom it was stated could give us the requisite information as to the outrages and violence asserted in the communication of Senator Scott to the President to have been committed in this county. The witnesses named were summoned, and all whom the sheriff was able to serve attended and gave their evidence. From that evidence, we have been able to gather the following facts:

1st. A school-house in Bethel Township was pulled down, about a year since, by parties unknown to any of the witnesses; it has been pulled or thrown down twice since that time by parties unknown to the witnesses. From the testimony taken, we arrive at the conclusion that the misdemeanor was the result of rivalry between factions of two male teachers who had solicited the occupancy of the building from the school trustees.

2d. That in Bullock's Creek Township, on the 9th of September instant, three men passed by the house of one W. J. Wilson and fired off a pistol, and used boisterous and profane language. They were not disguised, and W. W. Wilson recognized, by the sound of their voices, two out of the three persons-Mac Scanlin and Sherrod Childers. We herewith present the said Mac Scanlin and Sherrod Childers for riot, and suggest that proper proceedings be commenced against them by the solicitor of the circuit.

3d. Two colored persons, Wash Coulter and Abram Choat, state that a short time since several persons came to their house in disguise and "chunked them." No other testimony could be furnished by them as to this affair, and they could not distinguish the persons of any of the party alleged to have assaulted them.

4th. Some time in August last one Neal Gleen, colored, was assaulted at his house by Giles Crawford and George Leslie, colored, who called him out of his residence and committed a battery upon him and cut him twice with a knife. A warrant of arrest was sued out against the offenders, but they had fled into North Carolina before it could be executed. This affair was reported to us as a Ku-Klux outrage of aggravated violence. These are the only acts of violation of the peace of which we have been able to obtain any evidence of having occurred since the 1st of July last. Several acts of violence, accompanied by crime, are reported as having occurred in the early part of the year. Among them was a raid made upon the office of the county treasurer, one E. M. Rose, on the 26th of February last. One James B. Porter, who was present, represents that there were a number of persons in disguise engaged in the raid; that a whipping was administered to him, and that he recognized by their voices and man

:

ners Lauson Armstrong and Pinckney Caldwell, citizens of this county, as members of the party. We herewith present the same for the action of the law-officers of the county. None others of the party have been recognized. Some damage to the building occurred. A quantity of liquor belonging to D. S. Russell & Co. was destroyed, but so far as we can ascertain the funds of the office were not interfered with. One Henry Latham (colored) represents that he was whipped at some period of the present year by a number of persons, of whom he recognized three, viz, R. A. Black, James Sherer, and Dock Sherer. He recognized Black because he is left-handed, and the man who whipped him was left-handed. He knew Sherer by the first finger of the right hand being off. Witness says that his father had some sense, but that he and his mother had none. We present the said persons for indictment, upon the testimony of the witnesses above named. We call the attention of the solicitor to evidence herewith appended relative to the murder of one Anderson Brown in January last. We do not regard the evidence of Wesley Thomasson, the only important witness, as sufficiently definite to warrant us in presenting at present for presentation the names of any parties. Your grand jury have also inquired into the murder of one Jim Williams, colored, occurring in March last. Such evidence as we have been able to discover in this case is herewith appended for information of the civil officers of the State. We do not regard it as sufficiently definite to authorize any special presentation from us. We have also examined such witnesses as we could obtain, or where names were reported, in reference to a homicide committed upon the body of Thomas Roundtree, colored, in the fall of 1870. Three witnesses summoned in this case are reported absent, and were not served with summons. Such evidence as we have been able to obtain is herewith appended for any future use. We regard it as insufficient for the purpose of making special presentment.

From evidence taken and appended, we present Isom Buchanan, colored, for arson, in the burning of the barn of one Hiram Thomasson, in this county, in January last, upon the evidence of Antoine Blalock and Emeline Blalock. The evidence also implicates other parties in this crime, but we do not regard it as sufficient to warrant any special presentment from us. Evidence in other cases of misdemeanors has been sought for, and some of a contradictory and uncertain character presented. Your grand jury have simply appended the evidence taken in such cases reported for the future use of the officers of the State. James H. Fayson, coroner of this county, has been reported to us for dereliction in the duties of his office. After careful examination of the facts we can find nothing in the official conduct of this officer worthy of condemnation. Information was furnished the grand jury by Major Merrill to the effect that six persons had recently been whipped in the southeastern part of this county. After careful examination of the facts we ascertain that no such outrage occurred in this county. The officer alluded to as making the report expressed himself as satisfied as to his mistake, and proffered to correct any erroneous report of the affair that may have emanated from him.

All of which is respectfully submitted.

A. L. HUTCHINSON, Foreman.

I hereby certify that the foregoing is a correct copy from the original on file in my office.

J. F. WALLACE, Clerk Court of Common Pleas and General Sessions.

OCTOBER 2, 1871.

CLERK'S OFFICE, UNITED STATES CIRCUIT and DISTRICT COURTS FOR SOUTH CAROLINA, Charleston, South Carolina, January 23, 1872. DEAR SIR: I have the honor to forward you the presentments of the grand jury at the November term, 1871, of the United States circuit court for South Carolina, as requested.

If you should wish the punishments inflicted, I would forward them with pleasure. I this day forwarded a certified copy to the Attorney General of the United States. Very respectfully, your obedient servant,

Hon. JNO. SCOTT,

DAN'L HORLBECK,

Clerk Circuit Court United States for South Carolina.

Chairman Committee on Condition of late Insurrectionary’States.

SOUTH CAROLINA-PRESENTMENTS BY THE GRAND JURY. 1613

United States circuit court, South Carolina district, at Columbia, January 11, 1872. Present, Judges Hugh L. Bond and George S. Bryan.

The grand jury made the following presentment:

To the Judges of the United States Circuit Court:

In closing up the labors of the present term, the grand jury beg leave to submit the following presentment: During the whole session we have been engaged in investigations of the most grave and extraordinary character-investigation of the crimes committed by the organization known as the Ku-Klux Klan. The evidence elicited has been voluminous, gathered from the victims themselves and their families, as well as those who belong to the Klan and participated in its crimes. The jury has been shocked beyond measure at the developments which have been made in their presence of the number and character of the atrocities committed, producing a state of terror and a sense of utter insecurity among a large portion of the people, especially the colored population.

The evidence produced before us has established the following facts:

1. That there has existed, since 1868, in many counties of the State, an organization known as the "Ku-Klux Klan," or "Invisible Empire of the South," which embraces in its membership a large proportion of the white population of every profession and class.

2. That this Klan is bound together by an oath administered to its members at the time of their initiation into the order, of which the following is a copy:

OBLIGATION.

"I, (name,) before the immaculate Judge of heaven and earth, and upon the holy Evangelists of Almighty God, do, of my own free will and accord, subscribe to the following sacredly binding obligation:

"1. We are on the side of justice, humanity, and constitutional liberty, as bequeathed to us in its purity by our forefathers.

"2. We oppose and reject the principles of the radical party.

"3. We pledge mutual aid to each other in sickness, distress, and pecuniary embarrassment.

"4. Female friends, widows, and their households shall ever be special objects of our regard and protection.

Any member divulging, or causing to be divulged, any of the foregoing obligations shall meet the fearful penalty and traitor's doom, which is death, death, death."

That in addition to this oath the Klan has a constitution and by-laws, which provide, among other things, that each member shall furnish himself with a pistol, a Ku-Klux gown, and a signal instrument. That the operations of the Klan were executed in the night, and were invariably directed against members of the republican party by warnings to leave the country, by whippings, and by murder.

3. That in large portions of the counties of York, Union, and Spartanburgh, to which our attention has been more particularly called in our investigation, during part of the time for the last eighteen months, the civil law has been set at defiance, and ceased to afford any protection to the citizens.

4. That the Klan, in carrying out the purposes for which it was organized and armed, inflicted summary vengeance on the colored citizens of these counties by breaking into their houses at the dead of night, dragging them from their beds, torturing them in the most inhuman manner, and in many instances murdering them, and this mainly on account of their political affiliations; occasionally additional reasons operated, but in no instance was the political reason wanting.

5. That for this condition of things, for all these violations of law and order, and the sacred rights of citizens, many of the leading men of those counties were responsible. It was proven that large numbers of the most prominent citizens were members of the order. Many of this class attended meetings of the Grand Klan. At a meeting of the Grand Klan, held in Spartanburgh County, at which there were representatives from the various Klans of Spartanburgh, York, Union, and Chester Counties in this State, besides a number from North Carolina, a resolution was adopted that no raids should be undertaken, or any one whipped or injured by members of the Klan, without orders from the Grand Klau. The penalty for violating this resolution was one hundred lashes on the bare back for the first offense, and for the second, death. This testimony establishes the nature of the discipline enforced in the order, and also the fact that many of the men who were openly and publicly speaking against the Klan, and pretending to deplore the work of this murderous conspiracy, were influential members of the order, and directing its operations even in detail.

The jury has been appalled as much at the number of the outrages as their character, it appearing that eleven murders and over six hundred whippings have been committed in York County alone. Our investigations in regard to the other counties named have been less full; but it is believed from the testimony that an equal or greater

number has been committed in Union, and that the number is not greatly less in Spartanburgh and Laurens.

We are of opinion that the most vigorous prosecution of the parties implicated in these crimes is imperatively demanded; that without this there is great danger that these outrages will be continued, and that there will be no security to fellow-citizens of African descent.

We would say further that unless the strong arm of the Government is interposed to punish these crimes committed upon this class of citizens, there is every reason to believe that an organized and determined attempt at retaliation will be made, which can only result in a state of anarchy and bloodshed too horrible to contemplate.

We have visited the United States prisoners confined in the county jail, and find them all in a healthy condition, being provided with seemingly ample provisions of good wholesome quality; but the quarters in which they are confined, owing to their being greatly crowded, have not been kept as clean as is desirable. Should it be necessary for these prisoners to be kept here any length of time, we would respectfully recommend that at least one-half of those in the jail be removed to the prison on Sumter street. The prisoners complain that they have to pay a servant for bringing up their wood to them after it has been delivered in the jail-yard.

Some of them are in want of clothing, not having a change with them; and what they have is insufficient to keep them comfortable at this season of the year. Some also are in want of shoes. There is some complaint of the food being at times insufficiently cooked. They should have some change of diet at least three times a week. The prisoners confined on Sumter street, in what is known as the Neagle House, we find in good, clean, comfortable quarters, well provided with blankets, &c. The food seemed to be good and wholesome, and we are of opinion that the officers in charge have discharged their duties as well as they possibly could be done. All of which is respectfully submitted.

True copy:

BENJ. F. JACKSON,

Foreman.

H. G. GRAY,
Deputy Clerk.

OFFICE UNITED STATES CIRCUIT COURT FOR SOUTH CAROLINA, 88 :

I, Daniel Horlbeck, clerk of said court, do hereby certify that the six preceding pages contain a correct copy of the presentments of the grand jury at the November term of the circuit court of the United States for South Carolina.

Witness my hand and seal of said court, at Charleston, this 23d day of January,

A. D. 1872.

[SEAL.]

DAN'L HORLBECK,

Clerk Circuit Court United States for South Carolina.

TRIALS AT COLUMBIA, SOUTH CAROLINA.

DEPARTMENT OF JUSTICE,

Washington, February 2, 1872.

SIR Referring to my letter of the 27th ultimo, I now have the honor to transmit a printed copy of the report of the recent trials in the circuit court of the United States at Columbia, South Carolina, for violations of the enforcement act of May 31, 1871. Very respectfully,

Hon. JOHN SCOTT,

Chairman Joint Select Committee, United States Senate.

GEO. H. WILLIAMS,

Attorney General.

FIRST DAY'S PROCEEDINGS.

COLUMBIA, SOUTH CAROLINA, November 28, 1871.

Yesterday morning, at an early hour, people in considerable numbers commenced flocking into the city, brought hither by the approaching Ku-Klux trials.

The court met at 11 o'clock a. m., United States circuit judge, Hon. H. L. Bond, of Maryland, and Hon. George S. Bryan, district judge of South Carolina, presiding.

The lists of grand and petit jurors were called by the clerk, Daniel Horlbeck, esq., and the following grand jurors answered to their names: Adam Branch Landsford, white, R. R. Desverney, colored, Charleston; Augustus Harris, colored, Edgefield; W. Wingate, colored, Cheraw; H. S. Griggs, white, Charleston-discharged, having served; W. B. Mitchell, colored, J. B. Williams, colored, Charleston; Thomas T. Thackam, white,_Columbia; James Murrill, colored, Georgetown; Richard Blackney, white, Oro; James D. Graham, white, Sumter; F. M. Johnstone, white, Charleston.

The following petit jurors answered to their names: Philip Salters and J. C. Holloway, both colored, Charleston; J. F. Riley, white, Saint Matthews; John Freeman, colored, Charleston; Aaron Jackson, white, Cheraw: Alfred Egerton, white, Chesterfield; Emanuel Johnson, James Magill, and E. C. Rainey, all colored, Georgetown; Alex. Albrook, colored, Chesterfield; J. B. Witherspoon, white, Sumter; John Gordon, colored, Charleston; Adam Cook, Winnsborough; William Mooney, white, Columbia; D. Lynch Pringle, white, Georgetown; Andrew W. Burnett, white, Charleston; W. H. Deberry, white, Lynchburgh; Joseph Keene, colored, Statesburgh; Henry Nordham, colored, Charleston; Andrew W. Curtis, colored, Chesterfield; James M. Johnstone, colored, Charleston.

Those jurors who had served in the circuit court within the past two years were discharged. On motion of District Attorney D. T. Corbin, Solomon L. Hoge, esq., was admitted as associate counsel, it appearing of record that he had been admitted to practice in all the courts of this State.

District Attorney Corbin rose to object to the manner in which the jury had been drawn, and challenged the entire array as being contrary to the law in such case, and read the order for the drawing of jurors.

The following are the grounds of the challenge submitted by the district attorney:

"United States, South Carolina district, fourth circuit, November term, A. D. 1871: The United States, by D. T. Corbin, district attorney, comes and challenges the array of grand and petit jurors drawn and summoned to serve at the present term of the court, for causes following, to wit:

"1. That said jurors were not designated and drawn in the manner provided by law. 2. That said jurors were drawn from the jury-box by a small child, and not by the clerk or marshal as required by law.

"3. That said jurors were not drawn in the presence of the clerk and marshal, but were drawn in the presence of the clerk only."

Affidavits were then submitted supporting the grounds of challenge of the array.

The affidavit of United States Marshal L. E. Johnson asserted that he was in the city of Charleston on the 2d day of August last, and in going to his office on that day he was in