CHAPTER VI.

WHITE-CAPS IN COURT.

The history of White-capping in Sevier and adjoining counties is one of lawlessness and outrages. From the year 1892 to 1897, it held sway. One crime followed another in quick succession. The people lived on excitement as it were. They retired to their homes at night not knowing but wondering what a new day would bring forth.

During the reign of terror that these midnight bandits introduced into that peaceful community no part of their history is more interesting than that which connects them with the courts.

They seemed to recognize the fact in the out set, at least in their organization, that their mission was one of crime and that prosecutions were certain to follow in their footsteps. With this in view they took every precaution to hide their identity and defeat all prosecutions, and no part of their work was more successfully accomplished; for during six years, from the origin of the organization in 1892 until 1898, not a single member of their order suffered the penalty of the law.

Many indictments were found, but in almost every instance they were successfully defended.

In 1892 or 1893 Sam Lanning, charged with whipping one Wyatt Hill, was tried, convicted and sentenced to a term of ten years in the penitentiary. He appealed his case to the Supreme Court and secured a reversal, and on a second trial was acquitted.

Newt. Green and West Hendricks, who are now serving a twenty years sentence in the penitentiary, are the first members of this organization to suffer the penalty of law for their crimes. They were charged with the murder of Aaron McMahan, convicted and sentenced as above stated, which sentence, on appeal was confirmed by the Supreme Court on the 18th of November, 1898.

Pleas Wynn and Catlett Tipton were convicted for the murder of the Whaleys (a detailed account of which appears in a subsequent chapter of this book) and on appeal to the above mentioned term of the Supreme Court were sentenced to expiate their crime on the gallows the fourth day of January, 1899.

Likewise the Spurgeon boys, charged with whipping some old woman up in the mountains, have been convicted of the charge, but appealed and now await the action of the Supreme Court.

All of these convictions in the lower courts, if we are correctly informed, except in the Lanning case, occurred in 1897 and 1898, after a revolution in public sentiment had come and a new order of things, at least partially, restored.

In the palmy days of the White-caps they were preeminently a success in the courts.

To the casual observer it is difficult to understand the secret of their success. In the remaining part of this chapter therefore, we shall endeavor to give the reader some insight into this part of their history.

In the outset the White-cap realized that his mission was a violation of law and that, if detected, he would be punished. Therefore it was decided that in their criminal practices their faces should be covered with masks so that their identity would be concealed. They accordingly prepared white rags, large enough generally to successfully cover the face and head with small holes for the eyes, nose and mouth. These cloths were tied on the head with strings in a way to make them secure and were worn on all their raids.

They sometimes wore an ordinary hat, but more generally some kind of cap made of white goods, hence the name White-cap. They also had regular White-cap suits, but these were made in different styles. Sometimes after the fashion of men’s suits, and sometimes large loose gowns more like women’s apparel. At other times they would wear their ordinary clothing, perhaps with an overcoat turned inside out, relying mainly on the mask over the face to save them from detection. In this manner the White-caps made their raids, whipped or otherwise punished their victims and returned home.

These raids were always made in night time; doors of houses were suddenly battered down, the inmates aroused from their slumbers, dragged from their beds and generally with but little light surrounding them, cruelly whipped and left bleeding on the spot.

It requires no further argument to convince the reader that under circumstances like these, it is difficult if not impossible to identify the attacking parties. In such an ordeal one would not likely recognize his nearest and best known neighbor.

While no one but the White-caps themselves knew absolutely who belonged to the clan, yet nearly every one had a general idea who they were and when a whipping occurred some particular person or persons were usually suspected of doing it. If the persons punished or any one else who was present showed a disposition to identify the parties, warrants were sworn out and the suspected White-caps arrested and taken before some justice of the peace.

Sometimes the evidence would warrant a committal to court and sometimes not. If the defendants were bound over to court they promptly gave bond and when circuit court met they were prepared to prove their innocence.

We are informed that the White-caps always relied upon two defenses: First, the failure of the witnesses for the prosecution to identify him. Second, an alibi.

The state had to show that they were masked to make out its case, under the kuklux law. If masked then who could tell who they were, beyond a reasonable doubt? In some instances the witnesses could claim to recognize the defendant by his voice, but in almost every case, the witness would also claim that the defendant changed his voice so as not to be detected. Then defendant’s counsel would argue that if the voice was counterfeited how could the witness testify that it was the voice of any particular person, however well known to them by their natural voice?

If a case ever got to a court or jury, these two defenses alone were generally sufficient to obtain a verdict of acquittal.

The White-caps, not being without smart and bold leaders, believed in the old adage that an ounce of preventative is worth a pound of cure. They therefore set about to devise ways and means whereby they could prevent indictments from being found. To do this they invaded the county court and it is said won over to their cause several of the justices of the peace who composed that honorable body. This body appointed the jurors for the circuit court. In this way a number of White-caps always succeeded in getting on one or both of the juries.

If they got on the grand jury, the White-caps were happy because they felt sure no indictments would be returned against any of their number. But if per chance a true bill was found then they relied upon their friends on the regular panel of the trial jury or those who may be selected to serve on it in the usual way.

The White-caps were sworn to stand by their friends and they did it. If one was a grand juror, it meant as a rule no true bill; if on the trial jury, it meant either an acquittal or a hung jury.

They did their work and did it boldly. While the grand jury was sworn to secrecy in all matters pertaining to the grand jury room, yet the White-caps knew everything that was going on in that body. When a bill of indictments had been acted on, it was signaled to their friends on the outside who knew all about it before it was reported into open court by their body.

The secrecy and sacredness of the grand jury was thus taken away and the country at large turned over to the mercy of the bold and reckless men who in so short a time had demoralized society, controlled elections, manipulated juries and wrecked courts.

The White-caps were fruitful of resources when a friend was on trial or in trouble; they never lost hope nor ceased to work. When one of their number was to be put on trial, not only the court house but the town was full of these sign makers. When the officer went to summon the jury, if he was a White-cap himself he could of course do the decent (?) thing and soon find a panel of good (?) and lawful (?) men. If the officer was not a White-cap then while he would know or suspect some of them he did not know all of them and was certain to get some of the faithful (?) on his list. Then while the jury was being empanelled some one of the White-caps who had already had a conference with the defendants lawyer was stationed at a convenient place, and knowing all who were either White-caps or White-cap sympathizers, he would by some sign or token indicate to the defendants attorney whether to take him or not.

These methods were invariably adopted in every trial, and it is said that it was next to impossible to empanel a jury in Sevier county during the reign of White-capism without getting one or more White-caps on it, and for this reason next to impossible to convict a man charged with White-capping.

The foregoing is not all that the State prosecutor had to contend with while fighting a battle against White-caps in court.

As stated in a former chapter the White-caps took an iron-clad oath when they joined the order. This oath bound them to stand by each other under all circumstances and that without equivocation. They were to stand by them as jurors, and as witnesses.

They regarded the oath that they took as a White-cap, as stronger and more binding than the oath they took upon the Holy Evangelist, to tell the truth, the whole truth and nothing but the truth. So when the two oaths came in conflict, the latter always went down. When it was necessary to save the life or liberty of a brother in jeopardy, no White-cap regarded the oath that he took to tell the truth. Hence it was always easy to find witnesses to prove an alibi for a White-cap charged of any offence. He was always at home or at some other place with enough of his clan to prove his innocence. He was a very poor lawyer who could not secure an acquittal of his client; when backed by the White-cap organization in its palmy days.

The White-caps not only came into court with their own suborned witnesses, but they intimidated state witnesses by threatening them with vengeance if they dared to go into the courts and testify against them. Some persons actually left the state to avoid being summoned and forced to testify against White-caps.

There is no doubt that some of the foul murders committed in Sevier county by White-caps, were committed because of what their victims had already sworn or what they were expected to swear. These were object lessons that were calculated to stagger the stoutest hearted and make them tremble with fear, even in a court of justice.

Under circumstances like these, is it any wonder that the White-caps promulgated their rotten theories that they went unwhipped of justice and the good people suffered ?

While this lawless organization was generally known and recognized as White-caps, yet for reasons apparent hereafter, they changed their name form that of White-caps to Grave Yard Hosts. They endeavored, however, to keep the latter name as a profound secret. The reason for this change was this: When a White-cap case was in court the defendant and witnesses were always interrogated about White-caps. He was asked if he was a White-cap? If he ever joined them? If he was ever on a White-cap raid, and all such questions, which he promptly answered in the negative, and which literally speaking, at least from his stand-point, was true, because he had not joined the White-caps, but the Grave Yard Hosts.

Hence this furnished a loop-hole for such as had any regard for their oath to crawl out at, if ever arraigned for perjury. No doubt for the same reasons, they had other names that they went by, and were sworn in by. But the organization went by the name of White-caps, and when spoken of they were always referred to by that name.

ChapterVII