Randolph County AlArchives News.....Ku-Klux Klan Trial in Montgomery  June 21, 1872
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Alabama State Journal June 21, 1872

Alabama State Journal [Montgomery, Alabama] Jun 21, 1872

Testimony for the Prosecution: 

S. P. Hood (white), sworn for the prosecution. Resides in Clay County now 
resided in Randolph County in 1871 near Flat Rook; know of an organization known 
as Ku-Klux never was with it; men told me who belonged to it never was a member. 
Mr. Hunter, John Cribbs, Blanks and Mr. Gray told me they were members of the Ku 
Klux Klan, Gray came to me on or about the 8th of April 1871, and said to me be 
belonged to the klan on the 17th of April 1871, he told me that the beardless 
boys most be gotten out of the klan to keep it from being exposed; he said they 
would make Squire Jimmie Gray the captain of the klan, Gray gave me to 
understand that if I would go into the klan they would make me an officer, one 
of the Grand Convocations; he told me I would be made one of the Grand 
Convocation if I would join Gray's son and a man named Tidwell had a defiantly, 
and Tidwell cut Gray's son. Gray told me if Tidwell did not satisfy him, he 
would send a squad of Ku-Klux after him; he said that a band of the Ku-Klux 
lived at New Site, in Tallapoosa county, and Sim Orr was captain of this squad 
of the Ku-Klux; Howard stated to me, between the 20th and last, of July 1871, 
that he struck up with some boys one evening, and they put their shirts over 
their coals, went to the old lady McDowells to get a pistol that they had got 
from one of the Carter boys; Howard was put forward to ask for the pistol, he 
found it hail been sold and would not ask for it; Howard said they went to Wm 
Sewell's. a negro man and told him they would give him two weeks to get out of 
the country, Howard said the band took some powder and whisky from this negro. 
Blanks told me he went with Rufus Barron and Doc Allen to Robert Allen to scare 
him about some paper faces, after that they went to Whitley's and called him up, 
but Whitley discovered who they and they left; Blanks, after this, come to my 
house and told me that Rufus Barron bad been killed by a party with the sheriff,
and the Ku-Klux was going to try to make the community believe that Columbus 
Hearin and Frank Hearin killed him, and that they were going to Ku Klux the 
Hearns; Mr. Gray, Hunter and others told me that the objects of the Ku-Klux Klan 
was to stop Radicals, white and black from voting or holding any office in the 
country. I never read or saw the oath of the klan. 

Cross-examined. 
My feeling towards the prisoners is and always has been good; first conversation 
with Gray was at Flat Bock, about the 8th day of April of last year, near Tom 
Stone's Store: no one was present when I had the conversations with either of 
the prisoners; the conversation was at night, at my house. With Blanks: they 
were on their return from Wedowee, after Barron was killed; never was with any 
Ku Klux; suppose they had confidence in met never assisted the klan, except 
occasionally members of the klan have come to me and borrowed my pistol; never 
saw either of the defendants commit any overt acts, lived about two miles from 
Gray's; he had a son whose mind was deranged; never wrote a letter signed K, K. 
K; once wrote a letter to Mr. Barron, the captain who was killed; don't know 
what became of the letter; it was in possession of the court at Wedowee; never 
committed any act each as was attributed to the Ku-Klux. Blanks told me that the 
klan went to Ben Allen's, got their false faces, and went to Whitley's. Whitley 
recognized. them, and they went off; Howard said he didn't know the designs of 
the klan until he went into if; he did not tell me he opposed the threatening of 
the negro Sewell, know Mrs. McDowell when I see her; McDaniel was the first man 
I gave the information to I had known of the Ku Klux; Allen McDaniel and 
Columbus McDaniel were the men I gave the information to, they live in Randolph 
County.

Mrs. Elizabeth McDowell (white), Sworn to the prosecution. Reside in Clay 
County, while I was residing in Randolph County. Howard one of the defendants
was once at my house disguised, but Blanks and Gray never were, it was in the 
night when Howard was there.  There were six in the crowd that stopped and 
two more ran on over the branch, they had their shirts pulled over their clothes 
and their pants in their socks, one of them had no old petticoat around his 
neck, they had own head disguises, they asked for a pistol, but I said I did not 
have it, and they said they were bound to have the pistol, my daughter had the 
pistol at her house, but they did not get the pistol in the summer of 1871.
Eight disguised me came to my house, but none of the defendants were in the 
crowd. I knew Howard was in the first gang that came to my house and threw rocks 
as they ran off. Heard the eight me say that Mr. Sewell didn't have some negroes 
at work on his place. I told them yes, they said you told him he must move them 
negroes before Saturday night, or we will kill them. as they rode of heard the 
eight men who came to my house say that Sewell had to move his negroes away from 
there; they ask me Sewell didn't have some negroes at his mill; I told them he 
did, and they said he had to move them negroes by Saturday or they would kill 
them; they told me to tell Sewell he had to move his negroes; I did see Mr. 
Sewell, and told him what the disguised men had told me no male person resides 
on my place; I am a widow woman, and have no son, disguised men came to my house 
one Sunday, and told me I had to leave there. I lost three sons in the war. I 
owned the land I lived on. 

Cross examined. Saw two men run across the branch but did not know who they were 
heard Mr. Stone say who they were; I know the six persons who came to my house 
in disguise Howard, John Thrift, Spence Thrift, Frank Hammond, Frank Carter and 
Bill Carter were the six men; was not particularly acquainted with Howard knew 
when I saw him, he was in the band, and I recognized him; I knew all the crowd 
of eight who afterwards visited me one was Hunter, Stone, Band, Watson. Jack 
Night, and Newton Browning; it was night, when they came to my house, they had 
on faces had white sheets wrapped around themselves and horses, knew them
by their conversation, four of them came into my house, two of them stood near 
my door; one of these was Columbus Hunter and one was Anthony Watson; they 
were riding and said they were going to Wedowee after this, when Spencer Thrift 
was taken up for abusing me some me to my house and ordered Mr. Stone and 
Wyatt Worthy came and told me that all my things were going to be burnt up, and 
that I should leave there; that I should never live to get home if I testified 
against Thrift, four of my girls were beaten by John Thrift and Spencer Thrift 

Spencer Thrift (white), sworn for the prosecution. Live about two and a half a 
mile from Flat Rock Randolph County; know of the existence of Ku Klux Klan at 
Flat Rock in April or May 1871; I don't know who the captain was; know that 
Rufus Barnes and Burk Hunter were leaders in Ku-Klux raids. I am nearly twenty-
one years of age; the purposes of the Ku-Klux Klan were to keep negroes from 
voting, and to keep negroes down; Howard, one of the prisoners, is a member of 
the Ku-Klux Klan; I was with Howard when he went to Sewell's, a negro, and 
ordered to leaves the country. The negro left about a week thereafter; this was 
the only raid I ever was with Howard on; have never heard either of the 
defendants say they belonged to the Ku-Klux. 

Cross examined I joined the Ku-Klux in April 1871; Frank Carter ordered the 
negro Sewell to leave; I got with Howard, in this raid, about a mile from 
Brown's Ferry. Howard came to me about three o'clock, in the woods; Howard was 
with the crowd on the night the negro was threatened; think this was in April, 
1871; I was hunting with several others, and the proposition was made by Frank 
Carter to go and see some fun that night; we went to the negro and took some 
powder from him; ordered him to leave; the only disguise was our shirts outside 
our coats, and drawers outside our pants; never heard anybody say anything about 
perpetrating an April fool; don't know who all the members of the Ku-Klux were. 

Redirect. I was never sworn in the Ku-Klux Klan; never took any obligation; it 
was repeated to me; the klan bod roles and resolutions: Rufus Barnes bad the 
paper with the obligation and rules; I was eighteen years of age about that I 
time; never was at a meeting of the Ku-Klux. and only know the members that I 
saw; do not I know all members of the klan. 

Wiley Poole (colored), sworn for the prosecution. live in Randolph County; lived 
with the widow Gray in 1871 about six miles from Flat Rook; a band of 
disguised men came to my house about the 1st of April. 1871; it was at night; 
some of them had their shirts over their pants; some bad their heads through 
sheets; they woke me up and called me out; they asked me if I had a gun; I said 
I did have one; they said my enemies would be there shortly to kill me; they 
said they would burn my house down; I opened my door then to let them come in; 
they said they wouldn't go in my house, but they wanted me to come out doors; 
they said if I didn't come out doors they would burn my house down; I shot at 
them while they were outside my house; they left then; I reloaded my gun and 
heard them coming back again; I left my house then and went off; they went back 
to my house and burned it; they took my saddle; I left that neighborhood then; I 
knew the men by their voices; none of the defendants were recnized by me. 

Henry Hunter (white), sworn for the prosecution. Live at Flat Rock, Randolph 
county; know that the Ku-Klux did exist at Flat Rock; Rufus Barron was the 
captain did not know all the members of the klan; James Blanks, one of the 
defendants, belonged to the Klan; don't know whether Gray or Howard were 
members; the objects of the klan were to keep down the black race, to keep from 
getting the upper hand, and to scare them off from elections to keep them from 
voting; never knew any grips or passwords; I was not a member of the klan 
myself: never took any obligation: I was about twenty years old when the Ku-Klux 
was organized [I refused to answer if he had been on any raids] Rufus Brown, the 
captain, was killed; was said to have been killed by a shotgun; heard that in an 
attempt to arrest him tearing down a meeting house, he was shot by the sheriff 
of Randolph county; it was a church and schoolhouse both.

Cross-examined. I saw the list of the names of the Ku-Klux; saw Barron taking 
names; never saw a company meet; never saw all the members of the klan; Barron 
gave me all the information I have of the Ku-Klux; Barron told me he was the 
leader of the band was making up a company of Ku-Klux; he said they would meet 
and join in a klan; this was in 1871; don't know that the meeting to form the 
band was ever held. 

Redirect. Blanks name was on the list; never read all the names on the list; 
Barron wouldn't let me read all the names; I was persuaded to join this klan; 
this was in the fall of 1870, no one of the defendants ever told me he belonged 
to the klan; never was on a raid with either of the defendants. 

John Thrift (white), sworn for the prosecution. Live in Randolph County about 
three miles from Flat Rock; have known defendant, Howard, about two years have 
known Gray all my life; have known Blanks about three years; Howard belonged to 
the Ku-Klux last year; Blanks told me he belonged to the Ku Klux Klan; saw a 
paper with his name as one of the members; was a list of members; don't know if 
Mr. Gray be longs to the klan or not; know one raid that Howard was on last 
year; the raid went to a colored man a house, the fall of last year nothing was 
done on this raid; the colored man lived on Bill Sewell's place; a little powder 
was from this colored man; knew Rufus Barron; heard him speak about the Ku-Klux 
a great deal he said no was Ku-Klux; I know he did belong to the klan; have 
heard Barron say that Blanks belonged to the band; he never told me that Gray 
and Howard were members of the Ku Klux; the objects of that Ku-Klux was to keep 
negroes and Radicals down, and to keep them from voting; I saw Rufus Barron one 
evening, and he told me we must get up our crowd, and go to Wiley' Heflin's; 
be told me that Dr. Heflin said we must go and whip Wiley Heflin a negro man; he 
said that Wiley was living with a Miss Teale. and we must get up our crowd 
and go and whip them, and drive them away and when they were there they went and 
set the house of Wiley on fire they took an axe and broke down the door to the
house; Wiley went out from under the house; we thought he was in the house; they 
got me in this Ku-Klux, and I am going to tell the truth: Wiley shot at the 
crowd and came near hitting Rufus Barron; the shot struck all about Barron's 
legs; Howard went with us on the raid to the negro Sewell's we ordered him to 
leave; the negro did leave that neighborhood after our order; we made up a raid 
once but did not carry it out; this was afterwards; Dr. Heflin wanted Rufus 
Barron to get up a crowd and go over the river to whip someone whose name I 
cannot remember; Dr. Heflin left the flat on our side of the river, so we could 
cross; he told us to arrest the negro ferryman and make him show us the way to 
the man's house, Dr. Heflin said the man was a powerful negro, who was going 
among the colored people teaching them how to vote. 

Cross examined, I know Howard was a member of the Ku Klux; saw him on a raid 
once; we were not hunting when Howard came to us and proposed to have some fun; 
he was walking; we passed by Mrs. McDowell's, but never stopped; we went to the 
negro Sewell's: Howard was along with us; don't know that Howard was ever 
initiated into the Ku-Klux; Howard never took any oath; I know three or four who 
did take the oath; Howard came to us and just went in with the klan; we went 
about two miles after Howard joined us, to Sewell's, and then came back home; 
saw Howard's name on a list of Ku Klux that Barron had in his possession, one 
day; Barron told me that to was a list of the klan of which he, Barron, was 
captain; this was before the first of April; think it was between Christmas and 
the first of April; never was told that Gray was a member of the Ku-Klux. 

Redirect. There were two young boys in the klan; three of them were under twenty 
years of age; will soon be twenty-one myself. 
The United States rested here. 

TESTIMONY FOR THE DEFENSE:

Josiah Davis (white) for the defense, testified:  Am acquainted with Mr. Gray 
since the winter of 1866, about 1st of January 1871; have lived near him since, 
that time in 1866-67-68-69. I lived about two miles from him; in 1870-71. I 
lived about 3/4 mile from him, this year I live about 1/2 of a mile from him, 
his general character is good in his neighborhood, good also for peace and 
quietness, and is law-abiding, peaceable citizen his character is good; he has 
noted as a bailiff of Magistrate Greene in Flat Rock beat. I know Mrs. McDowell; 
don't know her general character for truth and veracity. 

Cross-examined by Judge Lewis. I am a brother-in-law of Rufus Barron; Gray has 
never been elected bailiff; he has been appointed bailiff once or twice that I 
know of, don't know that he was ever elected by the people; he has once acted as 
bailiff to arrest a party who stole a watch from me; he acted as bailiff when 
the sheriff of Randolph county was arrested for killing Barron; he never 
arrested the sheriff; he was ordered to arrest the sheriff and his posse; don't 
know that he took any force to help him arrest the sheriff; heard him say that 
he once carried Columbus Hunter, the defendant, James Blanks and other to 
Wedowee with him to help him arrest the sheriff; think he went the second time 
to arrest the sheriff; I never belonged to the Ku-Klux; never went with them on 
a raid. 

Redirect Gray told me that the first-time he went to arrest the sheriff, he 
arrested some of the posse, some of them claimed to be under arrest under Judge 
Dobson; the second time he arrested several of the posse in a room in the 
courthouse. 

Henry Barron (white), sworn for the defense. Live in Randolph County, five miles 
from Louina; have known Mr. Gray all my life; his general character if good, 
I think; know Mrs. Elizabeth McDowell; don't know her character for truth and 
veracity don't know the general character of Howard and Blanks.

Cross-examined by Judge Lewis. I am the brother of Rufus Barron. 

Here the testimony for the defense closed. 

Judge Busteed asked the counsel for the defense how many of them would sum up. 

Judge Falkner replied he himself and Col. Woods would both sum up.


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