In the then condition of affairs nobody dared to appear against the suspected parties, and consequently witnesses could not be had in the ordinary way.
At this juncture General Geo. G. Meade, then in command of the Military Department there—for the State of Georgia was at this time under martial law—telegraphed to Gen. Grant, in Washington, that he desired the services of a competent and able detective to assist in bringing the guilty parties to justice. A second dispatch was sent by Gen. Meade, requesting that Col. H. C. Whitley, of the United States Internal Revenue service (then absent under Department orders in Kansas), should be directed to report to him in person for the duty indicated. In pursuance of this request Col. Whitley went to Columbus and commenced his labors, which resulted in the arrest of the parties above named.
A military commission was at once convened to try the accused. The witnesses for the Government gave their testimony in a straightforward manner, their evidence being fully corroborated by that of the people in the house where the deed had been consummated, and the conviction of the parties seemed inevitable.
The citizens of Columbus raised a hue and cry; the local newspapers sharply criticized the proceedings; a furore of excitement was engendered; the ablest legal counsel to be had for the defence, with Alexander H. Stephens at the head, were engaged, and large sums of money were expended in behalf of the prisoners.
All parties were astounded, however, at the evidence which was produced against the accused. Its preparation showed a skill and ingenuity such as had never before been exhibited in working up a case before the courts of the district, and it was necessary that some measures should be devised to save the participants in the fearful tragedy from their justly merited punishment.
This could only be accomplished in one way—by the adoption of the 14th Amendment to the Constitution of the United States, it being a clause in the law that, upon the adoption of this amendment by the legislature of any State, all cases of civilians pending before military tribunals organized in said State, should be taken cognizance of by the civil courts therein.
The Democratic members of the Georgia Legislature were between two fires; the 14th Amendment was a bitter pill, but the necks of their confreres were in danger, and they were compelled to vote solid with the Republicans, and thus end the proceedings before the military tribunal. By this means, the trials of the Ashburn murderers were taken out of the hands of the military authorities, the prisoners put under bail, the witnesses compelled to flee for their lives, and there the matter rests.
To the unobserving mind the murder of George W. Ashburn would seem totally unavenged; but to him who sees in every great event the hand of an over-ruling Providence, evolving good from evil, a different conclusion must be arrived at. In his life, he fought manfully for the establishment of civil rights, and the political equality of the oppressed race of which he was the chosen champion. In his death that result was consummated, in the State of Georgia, sooner perhaps by years than it would otherwise have been without this sacrifice. “Wherever a few great minds have made a stand against violence and fraud in the cause of liberty and reason,” there shall we find just such sacrifices as this, and there, too, “in the eternal fitness of things” and the onward march of law and the establishment of order, shall we find the triumphal vindication of those principles for which the republic has labored and travailed, and George W. Ashburn died.
A THRILLING NARRATIVE.
DESPERATE ENCOUNTER AND DEFEAT OF A BAND OF KU KLUX.