SPARTANBURGH, SOUTH CAROLINA, July 11, 1871.

JOHN WINSMITH sworn and examined.

By the CHAIRMAN :

Question. Doctor Winsmith, how long have you resided in this county?

Answer. Sixty-eight years.

Question. Are you a native of the county?

Answer. I am. I was born sixty-eight years ago.

Question. In what business or profession are you engaged?

Answer. I am a planter and a physician.

Question. We have been informed, doctor, that you have been visited at your plan tation in this county

Answer. At my residence.

Question. By some men in disguise. We desire that you will state the circumstances connected with that visit to your house. First give the time.

Answer. I believe it was on the night of the 22d of March last. My house is inclosed with a fence, and the front part of the house is separated by a paling from the back part where my chamber is, which opens on a portico overlooking the back yard. Between 12 and 1 o'clock I was awakened by a noise in the back yard. I generally, when I hear anything, go out and look, and I did so at that time, going out in my night-clothes. Just as I opened the door I saw two men standing there, and I heard a loud noise in the front piazza of kicking and knocking at the door, evidently by a good many persons. Two persons were standing within about eight feet of my portico in the back yard. Both were disguised. One was a large man; the other was a small man. The larger one, from his voice and movement, may have been between thirty and forty years of age. I do not think the smaller one was so old from the manner in which he moved. As soon as I opened the door the larger one hallooed, “Come around here, boys; here's the damned rascal." I stepped back immediately. I had a couple of single-barreled pistols lying on the bureau or in the drawers in my chamber. I have had them thirty years. I picked them up, and cocked one of them, intending to shoot them down right then, but my wife was asleep, and as I went out I pulled the door to so as to make as little noise as possible. I suppose they saw the pistols as I came out, for they both ran around the house about twenty feet to the corner. I jumped out and fired after them as they went around the corner-not more than twenty or twenty-two feet from me-with one pistol. It was a very dark night. The two were running together. The large one, who had called the others, started first, and the little one after him. I had a good aim on them and am accustomed to shooting pistols. I could only have missed them by their not being right together, and by its being so dark that I could not see them plainly. I do not think I could have missed them except by their being so that the ball passed between them. One of the party was afterward heard by my wife to say, when they asked him if he was hit: "He shot through my clothes." I did not speak a word to them. Those two were all I saw.

Question. How many others were there?

.

Answer. When these ran I heard the crowd coming in from the front yard by a gate which opens through. I turned to meet them with the other pistol, and intended to get near enough to kill one of them. They began to fire at me as I went down the walk which separates the front from the back gate. They hit me several times, but I saw nobody and went on. I expected certainly to meet them at the gate; there was nobody there when I got there, but still they kept up the firing; all were ahead of me. I discharged my last pistol at the flash of a gun under the hedges. I suppose it was at some person, though I shot merely at the flash of a gun. The others were all ahead. I saw only those two that I have mentioned; the others were hidden under hedges and by the corners of the house and the cover that could be found in the yard. One of them must have been lying down, as he shot me in the thigh. The ball entered near the bone and went out about three inches higher than the point at which it entered, so that he must have been lying on the ground when he fired. The ball went clear through the thigh, and very near the bone, but without touching it. Question. In how many places were you struck?

Answer. Seven balls hit me; one went through this arm above the wrist and broke one bone. One made a flesh-wound just through the elbow, and five went through the body from the hips down; one in the abdomen.

Question. Was your life in danger by these wounds?

Answer. It certainly was.

Question. Were the wounds of such a character as to endanger your life?

Answer. Yes, sir. The two physicians who were there said they did not think I could recover at all.

Question. How were those two men dressed whom you saw ?

Answer. They had on disguises; one of them was dark, the large one particularly so; the other one I could not see plainly, it was so dark; both were disguised.

Question. In what manner were they disguised?

Answer. With the faces covered up; they had coverings over them, but it was a very dark night and I couldn't tell colors.

Question. At what time of night?

Answer. Between 12 and 1 o'clock.

Question. Was there anything else occurred than that which you have given to us? Answer. Yes, sir.

Question. What?

Answer. They said—but this was not said in my hearing, for when I fired the last pistol, I felt so badly shot that I could not stand, and I didn't think proper to go back into the house, but fell back into the open place behind my kitchen about a hundred yards, and by the time I walked there I had to lie down, for I should have fallen. I lay down there and was unconscious for a moment; I suppose I fainted, I don't know how long. The wounds bled very profusely. As soon as I got up hallooed for the servants; nobody answered, until an old negro woman at last came; the men had all run off. There were some men about the yard, but they had all run off. The old negro woman then informed my wife and had some other negro women to come. They brought some sheets out and rolled me over on them, and, carrying me into the house, laid me down. My wife went for a physician three-quarters of a mile; there was nobody else to go, for the negro women were afraid to go.

Question. Was anything else said by these parties?

Answer. When I went back they did not attempt to follow me. They broke open the door of the chamber which my wife had locked and went in; my wife was in the adjoining room; she had lit a candle and put it in that room, but was herself sitting in the dark room adjoining. Seven or eight of them came into the lighted room; they were disguised. She went in there and they all went out; they were peeping about under the bed and in the drawers.

By Mr. VAN TRUMP:

Question. Who was she?

Answer. My wife. All went out except one, who appeared to be the spokesman, and he said, "We came after this man Winsmith, this radical." She said to him," If you are after my husband and say he is a radical, I will tell you what, perhaps, I ought not to say, but you tell a lie; he is no radical; he is a conservative and not radical in anything." Said he, "Why does he act with the radicals, then?" She did not reply. Said he, "If he is not, why don't he come out in the newspapers and say so?" She did not reply. Said he, "He is in favor of social equality with the negroes." She did not reply. Said he, "You have arms in the house?" She answered, If we have arms, go and get them.' "Well," said he, "the negroes have arms." Why don't you go and get them from the negroes, then ?" she said. "The negroes say you have arms in the house,' said the man. "Tell the negroes to go in and get them, then, if we have them." The one that was standing out, the large one, said, "Don't stand in there talking; let us go." When he got to the door he said, "We are a rough set of boys; we are a rough set of boys; we'll be back again," and off they went.

By the CHAIRMAN :

Question. This conversation between your wife and them was reported to you by her?

Answer. Yes, sir; immediately afterward.

Question. Does that embrace all that was said?

Answer. Yes, sir; all that was said; she heard more; she heard a large number talking out in the yard, evidently talking among themselves; there was where one of them said, "He shot through my clothes."

Question. Meaning that you had shot through his clothes?

Answer. Yes, sir. They asked him if he was hurt.

Question. Did you recognize either of the two you saw?

Answer. No, sir; for it was only that one word or expression that I heard them use; it was a very dark night, and I do not see very well at night; when I went out they

ran.

Question. Had you been taking such part in the political affairs of the State or county as to identify yourself with either party?

Answer. I voted for Governor Scott in the election for governor.
Question. What had been your previous action in political life?

Answer. Well, sir, we never had had democrats or republicans in South Carolina; it was something new; we all acted together heretofore; we had at one time nullifiers and secessionists and Union men.

Question. You are a native South Carolinian?

Answer. I am a native of South Carolina, and if any man should say that I was not as true to the country as any citizen of South Carolina, I would tell him that he said what he knew was not true. But I am not in favor of ultraism. I so voted in

the canvass for governor and said so at the court-house. I was opposed to secession, but when the State had seceded I was as true as any man and contributed more for the support of the war than any other man in this district.

Question. Since the war had you been in office?

Answer. No, sir. When I voted with the republican party I was requested or asked if I would not have office, and I declined, as you will see in the file of the Union published here about the time, which stated that I was conservative—was a very moderate republican, and had refused to accept any office.

Question. Had you advocated what they attributed to you in this conversation with your wife-social equality with negroes?

Answer. Far from it.

Question. Were there any arms in your house?

Answer. No, sir, except my own private arms, and an old rusty gun in possession of a negro that he bought soon after the war. It was not worth a cent and would not shoot. Question. Were they asking for arms belonging to you?

Answer. No, sir. I am thoroughly satisfied that it had been circulated by one or two malicious persons, who had some spite at me, that I had got arms to put them in the hands of the negroes on the place; I have no doubt about that, and I have no doubt of this raid having been made in consequence of that having been circulated through this organization, though I have no particular evidence of that.

Question. Something has been said in connection with this transaction concerning the roads in the neighborhood of your house having been picketed that night with

negroes.

Answer. I have no doubt it is utterly false; I have never heard it before; there is no such report in that neighborhood at all; it is utterly false; the negroes were as unsuspecting as I was, never dreaming of anybody coming to my place. The roads were not picketed; this party came openly; there are plenty of persons to prove it; they came by Glen Springs openly, though they were disguised.

Question. Give any information you have, which you believe to be reliable, as to the whole transaction.

Answer. They came about thirty in number by Glen Springs, a public place, a watering-place. At the door, some who were ahead stopped, and one or two got down in the piazza and did not appear to be shy.

By Mr. VAN TRUMP:

Question. Was this in the daylight or night-time?

Answer. This was between 11 and 12 o'clock at night, I suppose, when they were at Glen Springs.

By the CHAIRMAN :

Question. How far is that from your house?

Answer. About two miles. They all came up about thirty in number to near Mrs. Bobo's, about half a mile off, where the Spartanburgh road comes down and intersects. I have heard that Mrs. Bobo says that others met them there coming by the other road, and some had been sitting in the piazza for an hour waiting for them. That was in the piazza of the store at the cross-road which leads from Spartanburgh.

By Mr. VAN TRUMP:

Question. Was it understood at Mrs. Bobo's that a new reënforcement came there ? Answer. Yes, sir, others came and joined them.

Question. Was that a part of those that left Glen Springs?

Answer. No, sir; it was understood that others met them there, and that several had been there in the old store piazza opposite her house, having waited for them. Question. Was that a portion of the party from Glen Springs?

Answer. No, sir, but some that met them there.

By the CHAIRMAN:

Question. Is that the road which intersects the Glen Spring road leading down from this place to your house?

Answer. Yes, sir. They went up and asked Mrs. Bobo if she had any rope, I understand. She said she had no rope but her well-rope. They said one of them had broken his stirrup. They appeared not to be apprehensive of being seen. They did not appear to be at all apprehensive that the pickets would see them. They did not make any movement or effort to keep concealed except to conceal their individuality. There was no attempt to disguise the force going along, but each individual of the force was disguised.

Question. Mrs. Bobo's is half a mile from your place?

Answer. No, sir; half a mile from Glen Springs-two miles from my place. They appeared to have organized fully at Mrs. Bobo's.

Question. Have you any knowledge of the roads in that neighborhood being picketed by negroes?

Answer. No, sir. Nobody else has ever heard of such a thing, I suppose. I never

heard of it, and I would have heard of it if there had been such a thing. The negroes have been remarkably quiet in that neighborhood.

Question. To what do you attribute the visit of these men?

Answer. I have said that it has been circulated by some persons maliciously that the negroes had some arms, and that had been reported to this organization, and they had

come.

Question. What has been the effect upon the sense of security felt by the citizens in your part of the county, or, if you can speak of it, in the whole county, by these raids of disguised men?

I have

Answer. No one feels secure at all. I think no respectable citizen, who has the reputation of being a man of means, and who has a settled character, feels secure. heard many strong democrats say, "I don't think I am any safer than you are." Question. Is that sense of insecurity increasing with these instances of violence? Answer. Certainly, it is. There are few men in the neighborhood who do not have their houses thoroughly armed, and we never thought of such a thing before.

Question. In your belief, knowing this county for sixty-eight years, is there any adequate redress for these injuries in the civil courts?

Answer. None in the world. I am glad to give my opinion on that point. I consider our State government a perfect and entire failure, utterly incompetent. There is no effort made at all to investigate or arrest this thing. People are afraid to talk about it. Many have told me, "I wanted to come and see you, but I was afraid." They feared the men of this organization might take offense at it.

Question. To what extent in your opinion does this organization carry its purposes? Do they carry them to the extent of inflicting these injuries and afterward screening individual members from punishment?

Answer. That has always been said to be the principle of the organization; nobody appears to doubt it, so far as I see, except I see some doubts expressed in the newspapers.

Question. Is the belief of that fact a potent means here of preventing an effort to bring them to justice?

Answer. It appears so. The civil authorities appear to be entirely paralyzed by the belief that it is dangerous for them to act; they make no efforts; there was no investigation of this case of mine; others have been whipped.

Question. To what extent has that whipping gone in your county?

Answer. To a very great extent, as I have heard, though I don't know it of my own knowledge.

Question. To what extent has this practice gone of requiring men to do what it was intimated you ought to do-publish your principles in the newspapers?

Answer. I believe that is required of every man that is said to be a republican, or radical, as they call them. I know there was a meeting at Glen Springs of the colored people. The planters all around there felt that their crops were in a state of insecurity, as the negroes might leave at any time. They got them to have a meeting in which the negroes disavowed any intention of hereafter interfering or taking any action in political matters. This was published in the newspapers. Question. Had you personal knowledge of any of those negroes Answer. Yes, sir. Some of them lived on my place.

Question. Was their action voluntary?

Answer. It was influenced by a sense of insecurity-personal insecurity. At Mr. Zimmerman's, my neighbor at Glen Springs, I think about a dozen left their crops and went away at one time-heads of families. Perhaps, if you will examine him, be can give you more definite information. The proceedings of that meeting held at Glen Springs were published in the paper here, The Carolina Spartan. Some of the negroes on my place asked me what I thought of it. I did not like to advise them, but I said I see no impropriety in your acting for your personal security; in fact, I talked in such a way that they saw that I thought it would be best for them to do it.

By Mr. STEVENSON:

Question. I hand you a copy of the South Carolina Spartan, May 11, 1871. Will you look at that card and state who are the signers?

Answer. Yes, sir. These all live on the plantation of Major Elihu Smith, and some of them have been the leading republican negroes in the district heretofore; two of them, Orange Mack and Wofford, have been the leading republicans.

Question. Are they those you speak of as having renounced the republican party? Answer. Yes, sir; and subsequently at a public meeting at which the colored people appeared, about two or three weeks subsequent to that paper.

Question. Here is an account of that meeting in the Spartan of May 25; is it not? Answer. Yes, sir. Mr. E. C. Smith, mentioned there, is an active democrat, and nephew of mine. He thought there was great danger of his hands being 'run off, and they were planting largely.

By Mr. VAN TRUMP:

Question. Is that Dr. Smith the representative?

Answer. No, sir; that is Dr. Bob Smith-no relation. Dr. Bob Smith was present, however, and spoke at this meeting. There was also another meeting at Fair Forest Township, adjoining Glen Springs Township, where they adopted the same resolutions. Question. That occurred May 27, and is published in the paper of June 8?

Answer. Yes, sir.

Question. And they indorsed the proceedings at Walnut Grove?

Answer. Yes, sir; they did. We felt great insecurity about our crops, if the colored laborers left. I think about a dozen from Mr. Zimmerman's plantation were leaving. The men left their families behind.

By Mr. VAN TRUMP:

Question. Where did they go?

Answer. I understand that they have gone to the edge of Tennessee; so I have heard.

By the CHAIRMAN:

Question. Do you know James Henley?

Answer. No, sir. I know some Henleys, but I do not know whether it is him or not. There are Henleys in Fair Forest.

By Mr. STEVENSON:

Question. What was the general understanding among the people as to the motive for inserting these cards renouncing the republican party.?

Answer. The general understanding was that they were intimidated by this organization. As a means of personal security they did that. A man is whipped, and he inserts a notice and makes a publication to keep from being whipped again. I suppose there is but one opinion on that subject.

Question. A man is whipped and inserts a card, or makes a publication, to keep from being whipped

Answer. Yes, sir.

Question. I find upon examining the Carolina Spartan, a file of which I submit to you from January 5, 1871, to July 6, 1871, inclusive, the cards of forty-five persons ? Answer. Yes, sir; and I give you my understanding of it. I have not heard any one express a different opinion.

By the CHAIRMAN :

Question. Living as you do in this community, and having your opportunities of observation, give us your belief as to what class or classes of men compose this organization.

Answer. My opinion is that now it has fallen into the hands of a very lawless, vagabond set. I think originally it was under better regulation. When it first commenced men of more character governed it. A good many of them are a set of drunken vagabonds. I understand they make it a point always to have plenty of spirits along; and from what I have heard of their noise about Glen Springs when they passed, I suppose they must have been intoxicated.

Question. From the nature of your county, it being an agricultural community, is it at all possible that such bodies of men could be brought together at one time without previous organization and concert?

Answer. Not at all; it is not possible. The men who came to my house I have no doubt were a regular organization. I am inclined to think that several outrages have been committed by a few persons and perhaps independent of the organization; some of the outrages that have been committed on negroes were so.

Question. Take the number who were at the raid upon your house, thirty
Answer. I suppose about forty from my information.

Question. Take that number in a country of this character, could it be possible to get forty men together on one night without there having been notice beforehand that they were to meet?

Answer. No, sir; it was regularly organized some time before, I have no doubt. I have no doubt there are men who had control and command of the party. I do not think they intended to kill me, if that is proper for me to say. I do not think they came there for that; but I did not feel inclined to put myself in their hands to inflict any indignity on me. I will tell all of it.

By Mr. VAN TRUMP:

Question. Was not an expression used there that night by some men to the effect that they did not intend to hurt you, and if you had not fired on them they would not have fired on you?

Answer. I was just coming to that; this small man who came in and talked with my wife said, "We came here to give him a peaceable talk and he fired on us." My wife replied, "My husband always defends his premises and always will continue to do it