Q. How far did either of the others live from you?
A. Dr. Parker lived about three miles from me, or a little better.
Q. How far did the other live?
A. Mr. Lytle lived about a mile and a half from me.
Q. How far did the fourth live?
A. Mr. Lowrey lived on the same plantation, about two miles.
Q. Now you told them by their hands, as well as by their underclothing?
A. Yes, sir.
Q. How can you be so familiar with their hands?
A. I know Mr. Lowrey by his hands; I’ve been working with him; he had been with me the day before.
Q. What sort of a hand has he?
A. He has a white hand, but has a finger that stands crooked; and he had sores on his hands, and that is the way I knew him.
Q. Did each of the other three have fingers of that sort, and sores on their hands?
A. No, sir.
Q. How did you know their hands?
A. I knew the men by their discourse; I knew them by their hands and by their discourse; I didn’t say I knew them all by their hands; by their hands I knew two of them.
Q. You knew one by his hands?
A. Yes, sir, I went into this thing when they came to my house; they said they had risen from the dead; I wanted to see what sort of men they was; I went a purpose to see who they was; whether they were spirits, or whether they were human; but when I came to find out, they was men like me. . . .
TESTIMONY OF KIRKLAND L. GUNN.
Kirkland L. Gunn, a witness for the prosecution, being duly sworn, testified as follows:
Q. (by Mr. Corbin). Where do you reside?
A. York County.
Q. How long have you resided there?
A. I was born and raised there.
Q. In what portion of the County?
A. My father lives in the south portion of the County.
Q. What is your age?
A. Twenty-one years.
Q. What is your profession and business?
A. I am a photographer.
Q. Have you carried on that business in York County?
A. I have, sir.
Q. State whether you have been initiated a member of the Ku Klux Klan?
A. I was initiated in January, 1871, and became a member of the Ku Klux Klan.
Q. Where?
A. At Wesley Smith’s, near his house.
Q. Did you take the oath?
A. I did.
Q. Was the oath read to you?
A. The constitution and by-laws were read to me.
Q. Do you remember the oath?
A. Yes, sir.
Q. What was the oath, in substance?
A. It was, not to reveal the secrets of the Klan; that the purpose of the Klan was to put down Radicalism, and rule the negro suffrage. [A paper was here handed the witness.]
Q. State if that is substantially what was read to you on that occasion?
A. Yes, sir; the obligation is the same, (the witness was here requested to read the paper through,) it is the same that was read to me. The constitution and by-laws of the Ku Klux Klan were here read by the Attorney General in open Court.
Q. State the general purpose and object of the order as you understood them?
A. I heard them stated to me. It was to put down the Radical party and rule negro suffrage.
Q. How were those purposes to be carried out?
A. It was told to me by members of the Klan that it was to be by whipping negroes and intimidating them and keeping them from voting, and to kill all such white men as took Radical offices, and who then occupied offices.
Q. How was the organization armed?
A. Some were armed with pistols and some with shot guns, and some with muskets—just whatever was convenient.
Q. What was the Ku Klux gown?
A. A long gown made of some dark colored stuff. I never saw one in daylight.
Q. Was that worn on all occasions while on duty?
A. This was my understanding; that it was to be worn on all occasions.
Q. Were these operations to be carried on in the daylight or dark?
A. All this was in the night. Whenever the Klan was on duty, they were known and designated by number.
Q. How were they numbered?
A. Each man was to be numbered. Sometimes they would begin with No. 1, and sometimes they would begin with five hundred; they would begin with any number they chose, and then run on.
Q. What was the object of that?
A. To keep from calling names.
Q. Was it to assist in their concealment?
A. Yes, sir.
Q,. Who was the highest officer who commanded whenever a meeting was called or when they went on a raid?
A. I didn’t know the highest officer; the Chief was the highest I knew.
Q. What did they call this business of going after colored men and whipping them?
A. Raiding.
Q. Did you ever go on any raiding?
A. I never was on one; was called to go on two raids.
Q. By whom?
A. By order of the Chief. I was told so by the person who brought the message. John Wallace was the person who brought me the first message.
Q. Who was the Chief?
A. John Mitchell.
Q. Is this the man here? [pointing to the defendant, J. W. Mitchell.]
A. Yes, sir.
Q. Was he Chief of the Klan?
A. Yes, sir.
Q. What was the name of the Klan?
A. It was called Mitchell’s Klan.
Q. Have you frequently seen this person?
A. I have met him several times, and met him once in the capacity of Chief.
Q. State the circumstances of the meeting?
A. I was told by Wallace, there was to be a meeting held at Barkley’s Mill, for the purpose of raiding Bill Kell, and to kill him for being President of the Union League. Those were the words Wallace stated to me.
Q. What was Wallace’s position in the Klan?
A. He was known as a Night Hawk.
Q. How long did you receive this order before the time of the meeting?
A. I think it was two days before the meeting.
Q. Pursuant to that notice did you meet the Klan?
A. I did.
Q. State who you met there?
A. I met there that person, J. W. Mitchell, Whiley, Ed. Leech, Arney Neil, Chas. W. Foster, Wesley Smith, Joe Smith, Thomas McAllen, and a good many others I knew, but I cannot remember their names now.
Q. How many persons were present at that meeting?
A. I should say from thirty to thirty-five persons.
Q. Were they mounted or on foot?
A. They were all mounted.
Q. Were they disguised or not?
A. Some were disguised and some were not.
Q. Did you go on that raid?
A. No, sir.
Q. Why?
A. Because Mr. Hugh Kell was there. It was thought he was sent there for the purpose of letting it be known if Kell was killed—that he might be a witness.
Q. Was Hugh Kell a member of the Klan?
A. I don’t know whether he was or not.
Q. Who brought the disguises there, and who took them away?
A. Mr. Mitchell did.
Q. What did he bring the disguise in?
A. He brought it in a sack.
Q. What did he carry them in?
A. In a sack.
Q. Did you see him put them in?
A. I saw him put one disguise in a sack.
Q. Was there any talk of killing Hugh Kell?
A. I heard someone say he was to be killed, bu
t I heard no one say they wanted to kill him.
Q. What did they do finally?
A. There were some rough words between Mitchell and Kell. I don’t know what they were, but they were rough, from what I heard others say of them. Mr. Mitchell ordered the Klan to go home and wait till he ordered them out again.
Q. Did you know Bill Kell—the man they proposed to kill?
A. No, sir.
Q. What other raid do you know of?
A. I was ordered to go on one raid on Jenny Good.
Q. Did you go upon that raid?
A. No, sir.
Q. Why not?
A. I had no saddle to ride.
Q. From whom did you receive the order to go there?
A. I don’t remember now who told me they were going to have a raid.
Q. Who did he say he gave orders to for that raid?
A. Charles Byers.
Q. Was that Klan located near you?
A. About two miles from where I was.
Q. Who were the two Chiefs of the Klan residing there?
A. Byers and Mitchell.
Q. Did they order out the members of the other Klan?
A. They would invite the members of the other Klan to go with them—not order them.
Q. Were you invited to go on that raid?
A. Yes, sir.
Q. How many members were there in Mitchell’s Klan?
A. I don’t know.
Q. Have you any means of knowing from those you saw?
A. I don’t know; there might have been members of other Klans.
Q. How many men were there in Charley Byers’ Klan?
A. I think sixteen or seventeen; I don’t remember the number.
Q. Do you know of any other Klan in that vicinity?
A. I do not, but have heard of others.
Q. Did you ever recognize a person by the name of Squire Sam Brown as a Ku Klux?
A. I have, sir.
Q. Where?
A. At Wiley’s store.
Q. How did you recognize him?
A. By a sign.
Q. What sign did you give him?
A. Passing the hand over the right ear; he answered by passing his hand over his left ear.
Q. What conversation, if any, did you hear there from Samuel Brown?
A. He and Wesley Smith were standing, and they had been engaged in conversation. Smith stood up, and Brown gave him that sign; then he turned to Smith and asked, respecting me, “is this man all right?” Then he said “you know I would not have such business, without having men that were all right.” Then, after some further conversation, I heard him say, “I can go and take my Klan, and whip more damn niggers than any other Klan in York County.”
Q. Where does Squire Sam Brown live?
A. I don’t know. I think it is west of Yorkville.
Q. Do you see that gentleman in Court here?
A. Yes, sir; there he sits (pointing.)
Q. State what were the signs and passwords of the order, and how they use them on occasion?
A. One was passing the right hand over the right ear; this was answered by passing the left hand over the left ear; the next sign was putting the right hand in the pocket of the pants, leaving the thumb to be seen; if you wished to find out if a person belonged to the organization he returned it with his left hand in the same way; the next sign was putting the heel of the right foot in the hollow of the left; this was answered by putting the left heel in the hollow of the right foot.
Q. What were the passwords?
A. If you met a man or a party you would say, “S-a-y, who are you?” This was answered by, “N-o-t-h-i-n-g,” without pronouncing the word.
Q. Have you frequently met and recognized members of the order by these words?
A. I have met them by signs, but not by words.
Q. Had they a grip; if so, explain it?
A. In grasping the hand the little finger would go between the fourth and little finger of the hand you grasped, and the forefinger would stretch up and touch the wrist.
Q. Have you frequently exchanged that grip?
A. Very often, sir.
CROSS-EXAMINATION BY MR. WILSON.
Q. Have you any knowledge of Dr. Thomas Whitesides being a member of this order?
A. I do not know that he is a member.
Q. Have you not reason for knowing that he is not?
A. I have given him signs and he did not return them.
Q. You tried, then, by giving him the signs and he did not answer?
A. Yes, sir; I gave him signs and he did not respond.
Q. What sign did you give him?
A. Passing the right hand over the right ear.
Q. Have you any other reason for knowing he is not a member?
A. I heard him say it was the most damnable thing in the country?
Q. (by Mr. C. D. Melton.) What are the relations between you and Mr. Mitchell; are they those of friendship or otherwise?
A. As to my feelings, they have always been those of friendship.
Q. There was some cause of misunderstanding, was there not?
A. Not on my part. I had my photographic instrument in the church that he had something to do with, and he told me to take it out, but it caused no hard feeling on my part.
Q. Had you any conversation on the subject with Mr. McKeow?
A. I have no recollection of it.
Q. You say you never used any harsh language?
A. No, sir; none.
Q. And never had any unkind feelings towards Mr. Mitchell?
A. No, sir; I had none.
Q. (by Mr. Corbin.) When do you say it was that you recognized Mr. Whitesides was not a member of the order?
A. I think it was last March.
Q. Had you any special conversation about the Ku Klux order?
A. Yes, sir; he said something about the Ku Klux; he had some negroes that they visited, and he and his brother went to try to pacify them; he said it was the most damnable curse, or the most damnable affair in the country; I then gave him the sign, but he did not respond. . . .
TESTIMONY OF HENRY LATHAM.
Henry Latham, colored, was the next witness called for the prosecution. He was duly sworn and testified as follows:
DIRECT EXAMINATION BY MR. CORBIN.
Q. Where do you live?
A. At Mr. William Shearer’s plantation I was living.
Q. In York County?
A. Yes, sir.
Q. Did the Ku Klux Klan ever visit you?
A. Yes, sir.
Q. When was it?
A. It was before cold weather got done—before we planted corn.
Q. Some time last winter?
A. Some time in the winter.
Q. Tell the jury all about it?
A. I heard them before they found me, down at Mr. Ramsay’s, and I tried to see if I could escape them; they was shooting down there, and I thought I would try to dodge them. I couldn’t get up well, on account of the rheumatism; but they seed me; they was too smart for me. I went out and watched by a hickory tree; and when I got tired of watching, I mashed up some old wood and took it in, and they coming on me.
Q. Who came on you?
A. Mr. Shearer.
Q. Who else?
A. There was all the Shearers came in; Mr. Riggings, I don’t think that he came in; but his horse was there when they sot down with me.
Q. How many were there?
A. Seven in the crowd.
Q. All come in.
A. No, sir; they didn’t; but—
Q. Tell us what they did to you?
A. They came in; they cussed me.
Q. Tell us what they said?
A. They said: “God damn you, who a
re you?” I says: “Henry Latham, sir.” “Who is he?” I says: “Henry Latham, sir;” then I looked at one at the window, and saw his red eye, and he jobbed his pistol in my face, and says: “Who are you?” and I told him “Henry Latham, sir,” and acted as well as I could to keep them from killing me. Robert Riggings told me he was going to make me a good old Democrat; that was the first of it. Mr. Riggings said he was going to make me a good old Democrat. I says: “You can’t do it.” He says: “Well, you’ll see.” I says: “How will you do it?” He says: “I am going to fetch a crowd and shoot in your house, and make you a good old Democrat.” I says: “No; don’t do that, Mr. Riggings.” He says: “I will do it some other way.” I says: “How?” “Never mind, you’ll see.”
That was along in the middle of the week, before they whipped me.
Q. When was it that they came to see you?
A. Saturday night; and when I heard them, I knowed I would catch it. I wasn’t able to run, and I went and got behind a tree. Well, it was too cold; I couldn’t lay out at night, and I thought I would dodge back into the house and be easy, and sit down and mash up the old wood and put it on, and just as I put the last stick on, he jobbed me with his pistol, and says: “Who are you? God damn you, who are you?” I says: “Henry Latham, sir.” “God damn you, come out of there.” “Yes, sir,” and I followed him up and got to the fence, and before I got to the fence, he said “he would cut my God damn throat.” I thought now if I prayed a little bit, I wouldn’t be uneasy. When I throwed my leg up to get over the fence, the pain hurt me so I hollered. “What ails you, God damn you?” I told him that it was the rheumatism. “Well,” he says, “God damn you, come over here, I will take that out of you,” and kicked me and turned my bone wrong in here [indicating the spine].
Q. How many times did they kick you?
A. I cannot tell. They kicked me and told me to run; well, I tried to run all I could, but a man full of pains can’t run much; I wouldn’t speak of them, no way, out of the way; I just grunted when they kicked me.
Q. What did they do with you up the road?
A. They beat me with poles about that thick [pointing to his wrist]. They had long ones, and hit me in the same place where they kicked me.
Q. How many times did they strike you?
A. I don’t reckon more than six or seven times apiece; five of them hit me, but there was seven in the crowd; they didn’t give me but, I don’t think, more than six or seven apiece; they asked me if I would ever vote another Radical ticket, and I told them no, sir, if that was the way they did, I wouldn’t ever no more; they asked me if I was a League man; “Well show me a League sign, God damn you;” I catched myself right here (the left lapel of the coat.) Mr. Kell, he was a Radical man; he put us all into the League; and they said, “God damn you, what did you join it for?” I said I didn’t know there was any harm in it. “Well, God damn him, give him hell;” and then they begun.
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