A. In January, 1871, sir.

Q. Where?

A. At Wesley Smith's, in York County, or near his house, sir.
Q. Who initiated you?

A. Wesley Smith, John Osborne, and others.

Q. Did you take the obligation of the order-the oath ?

A. I did, sir.

Q. I will read an obligation to you, and ask you if—

Mr. Johnson (interrupting). State to us what the obligation was.

Mr. Corbin. I propose to read it.

Mr. Johnson. No, sir; let him state what the obligation was.

The Court. He is entitled to read the obligation, and ask the witness if he ever heard that obligation before.

Mr. Johnson. Without first asking him what the obligation was? That is telling the witness what the answer is. Our view is that, in relation to an obligation or an oath, the party must state from recollection, if he can recollect, what was the character of the obligation.

Mr. Corbin. We have no objection to asking the general question. First, what was the obligation and purpose of the Klan?

A. The obligation, sir, that I took, was that I should not divulge any part of the secrets of the Klan that I had joined; and it was for the purpose of putting down Radical rule and negro suffrage.

Q. What was the general object and purpose of the order?

A. That was the purpose of the organization, sir.

Q. Have you ever heard the constitution and by-laws of the order read?

A. I heard it read, sir, when I was initiated.

Q. How were you initiated? Describe to the jury the process of initiation.

A. I was knelt down, sir, and the oath was read to me, and then the constitution and by-laws were read to me, sir.

Q. Now I want you to look at that constitution and by-laws, and say whether that was the constitution and by-laws of the order.

[Counsel passed to witness a paper purporting to be the obligation, constitution and by-laws of the Ku Klux Klan, which witness examined.]

A. Sir, that is, in substance, the same that I heard read. This obligation is the same, sir, and I think the constitution is the same, in substance.

Mr. Corbin. We propose to read that paper, may it please your Honors.

Mr. Johnson. Let us see it first, before you read it.

The paper was handed to counsel for defense.

Mr. Stanbery, (to the witness). This paper that they have handed you, did you ever see this particular paper before?

A. Yes, sir.

Mr. Stanbery. When?

A. I saw it in Colonel Merrill's office, at Yorkville.

Mr. Stanbery. When did you first see it there?

A. It was about one week ago, sir, I think, now, as well as I remember.

Mr. Stanbery. That is the first time you ever saw it?

A. Yes, sir; that is the first time I ever saw that paper.

Mr. Stanbery. You saw the same paper, however ?

A. Yes, sir; I saw the same document, and on another paper-the same instrument.

Mr. Stanbery. But the document you speak of is not this identical paper?

A. No; not that paper.

Mr. Corbin. We propose to read this paper, if the Court please.

The Court. Read the paper.

Mr. Chamberlain, of counsel for the prosecution, read the document referred to, as follows:

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 obliation, shall meet the fearful penalty and traitor's doom, which is Death! Death! Death!

Constitution.

Article 1. This organization shall be known as the Order, No. —, of the Ku Klux Klan, of the State of South Carolina.

Article 2. The officers shall consist of a Cyclops and Scribe, both of whom shall be elected by a majority vote of the order, and to hold their office during good behavior.

Article 3. It shall be the duty of the C. to preside in the order, enforce a due observance of the constitution and by-laws, and an exact compliance to the rules and usages of the order; to see that all the members perform their respective duties; appoint all committees before the order; inspect the arms and dress of each member on special occasions; to call meetings when necessary; draw upon members for all sums needed to carry on the order.

Sec. 2. The S. shall keep a record of the proceedings of the order, write communications, notify other Klans when their assistance is needed, give notice when any member has to suffer the penalty for violating his oath, see that all books, papers or other property, belonging to his office, are placed beyond the reach of any but members of the order. He shall perform such other duties as may be required of him by the C.

Article 4-Section 1. No person shall be initiated into this order under eighteen years of age.

Sec. 2. No person of color shall be admitted into this order.

Sec. 3. No person shall be admitted into this order who does not sustain a good moral character, or who is in any way incapacitated to discharge the duties of a Ku Klux.

Sec. 4. The name of a person offered for membership must be proposed by the Committee appointed by the Chief, verbally, stating age, residence and occupation; state if he was a soldier in the late war; his rank; whether he was in the Federal or Confederate service, and his command.

Article 5-Section 1. Any member who shall offend against these articles, or the by-laws, shall be subject to be fined, and reprimanded by the C. as two-thirds of the members present at any regular meeting may determine.

Sec. 2. Every member shall be entitled to a fair trial for any offense involving reprimand or criminal punishment.

Article 6-Section 1. Any member who shall betray or divulge any of the matters of the order, shall suffer death.

Article 7-Section 1. The following shall be the rules of order. Any matter herein not provided for shall be managed in strict accordance with the Ku Klux rules:

Sec. 2. When the Chief takes his position on the right, the Scribe, with the members, forming a half circle around them, and, at the sound of the signal instrument, there shall be profound silence.

Sec. 3. Before proceeding to business, the S. shall call the roll and note the absentees.

Sec. 4. Business shall be taken up in the following order:

1. Reading the minutes.

2. Excuse of members at preceding meeting.

3. Report of Committee of candidates for membership. 4. Collection of dues.

5. Are any of the order sick or suffering?

6. Report of Committees.

7. New business.

By-Laws.

Article 1-Section 1. This order shall meet at

Sec. 2. Five (5) members shall constitute a quorum, provided the C. or S. be present.

Sec. 3. The C. shall have power to appoint such members of the order to attend to the sick, the needy, and those distressed, and those suffering from Radical misrule, as the case may require.

Sec. 4. No person shall be appointed on a Committee unless the person is present at the time of appointment. Members of Committees neglecting to report shall be fined thirty cents.

Article 2-Section 1. Every member, on being admitted, shall sign the constitution and by-laws, and pay the initiation fee.

Sec. 2. A brother of the Klan, wishing to become a member of this order, shall present his application, with the proper papers of transfer from the order of which he was a member formerly; shall be admitted to the order only by a unanimous vote of the members pre

sent.

Article 3-Section 1. The initiation fee shall be

Article 4-Section 1. Every member who shall refuse or neglect to pay his fines or dues, shall be dealt with as the Chief thinks proper. Sec. 3. Sickness, or absence from the County, or being engaged in any important business, shall be valid excuses for any neglect of duty.

Article 5-Section 1. Each member shall provide himself with a pistol, Ku Klux gown, and signal instrument.

Sec. 2. When charges have been preferred against a member in a proper manner, or any matters of grievance between brother Klux are brought before the order, they shall be referred to a Special Committee of three or more members, who shall examine the parties and determine the matters in question, reporting their decision to the order. If the parties interested desire, two-thirds of the members present voting in favor of the report, it shall be carried.

Article 6-Section 1. It is the duty of every member who has evidence that another has violated Article 2, to prefer the charge and specify the offense to the order.

Sec. 2. The charge for violating Article 2 shall be referred to a

Committee of five or more members, who shall, as soon as practicable, summon the parties and investigate the matter.

Sec. 3. If the Committee agree that the charges are sustained, that the member on trial has intentionally violated his oath, or Article 2, they shall report the fact to the order.

Sec. 4. If the Committee agree that the charges are not sustained, that the member is not guilty of violating his oath, or Article 2, they shall report to that effect to the order, and the charges shall be dismissed.

Sec. 5. When the Committee report that the charges are sustained, and the unanimous vote of the members is given in favor thereof, the of fending person shall be sentenced to death by the Chief.

Sec. 6. The prisoner, through the Cyclops of the order of which he is a member, can make application for pardon to the Great Grand Cyclops of Nashville, Tennessee, in which case execution of the sentence can be stayed until pardoning power is heard from.

Q. Mr. Gunn, you have stated the general purposes of the order; now will you please state to the jury how those purposes were to be carried into effect?

A. Well, sir; that is known, I think; but the way that I was told that they were going to carry this into effect was by killing off the white Radicals, and by whipping and intimidating the negroes, so as to keep them from voting for any men who held Radical offices.

Mr. Johnson. We reserve objections to that; it is of no consequence. Q. Pursuant to that mode of intimidating and killing voters, was there anything of the kind done, within your knowledge?

Mr. Stanbery. We object to that question-object to his saying what he was told.

Mr. Corbin. I am not asking for what he was told.

Mr. Stanbery. The gentlemen have produced a constitution of the order and given it it in evidence, and that has nothing in it about interfering with the suffrage. There is no such agreement in that paper. Now, I understand the witness to be asked whether he was told by some one that any other body was to intimidate voters. This is not the way to make out the case.

What

The Court. We think the question may be asked. [To the witness.] State what was done in pursuance of the object of the order. was done pursuant to the purpose of the order as you have stated it, according to your knowledge?

A. Their principle was to whip such men as they called Radicals, and men who were ruining the negro population, &c., and they murdered

some.