Randolph County AlArchives News.....Richard S. Gray Ku-Klux Trial   June 25, 1872
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Linda Ayres http://www.genrecords.net/emailregistry/vols/00031.html#0007674 March 1, 2023, 7:09 pm

Selma Dollar Times June 25, 1872
Montgomery, June 17, 1872. 
The Court met at 12 o'clock. Messrs. Eldridge M. Barnes of Tallapoosa, and James 
F. Dresser of Mongomery were appointed United States Commissioners. By consent 
of the District Attorney, the forfeitures in the case of the sureties of John D. 
Young was set aside. The case of the United States against Richard S. Gray, 
James Blanks and Charles Howard of Randolph County, charged with a violation of 
the enforcement act, was called. Col. Mike L. Woods appears for Gray, and Judge 
Falkner for all the defendants. 
Judge Falkner submitted the affidavit of Gray for a continuance, setting fourth 
that three of his witnesses, James Watson, James Gray and Lawrence Gray against 
whom subpoenas have been issued, were absent without his connivance or consent. 
That the testimony of these witnesses was absolutely essential to his defense 
that he expected to prove by Lawrence Gray, his son that on that night of the 
1st of April 1871, he, the defendant was at home during the entire night. That 
between the 1st of March 1871, and last July he, the defendant was not absent 
but twice, and then he was a witness before the Grand Jury at Court. He expected 
to prove by Watson that between 1st of March 1871, and latter part of July, he, 
the defendant, was kept constantly at home in attendance on his, the 
defendant's insane son, who was so violent as to require his constant 
attendance. That Watson lived immediately adjoining him, was constantly with 
him, and it would have been impossible for him, the defendant, to have been 
absent for any length of time without his, Watson's knowledge. The motion for a 
continuance was denied. Judge Falkner stated that several other material 
witnesses were absent, necessary for the defense of the other parties, but the 
Court decided that the cause must proceed. 

Judge Busteed: Why have you not paid the fees of your witnesses and got them 
here. 

Col. Woods: No, Sir. But I, propose to show that Mr. Gray, whom I represent, is 
a poor man and was not able to furnish the money. 

Court:  I will not hear anything on that question. He has been able at least to 
employ two very reputable. Attorneys to defend him.

Col. Woods: May it please your honor I desire to state so, far as I am concerned 
as his counsel, that I am a volunteer. Mr. Gray was a good soldier in my 
Regiment during the war, and I have appeared here voluntarily to defend him.

Judge Busteed: That speaks well for you Colonel, and I know no one more capable 
of doing such an act.

The jury was then empaneled. It is composed of the following citizens: 
Daniel Collins, Samuel Falkner (colored), George P. Walker, V. A. Kendrick, W. 
B. Jackson, Gilbert Gay, Samuel Gibbons, M. Lishton, Wm Lackey, 
T. J. Robertson, George H. Clifton, Thomas Walker, (colored, Dallas County). 

The indictment in this case, recites that the defendants conspired, and went 
upon the premises of others in Randolph County with the intent to deprive 
certain citizens of the African race, of the privilege of voting. There are two 
other counts in the indictment, reciting other violations of the Enforcement 
act. 

File at: http://files.usgwarchives.net/al/randolph/newspapers/richards2110gnw.txt

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