"Better not, Colonel. He's the pet of these white devils. Ye'd better let him alone." Berry accepted the advice.
Five days later the prisoners were arraigned before the United States judge, Preston Rivers, at Independence. Not a scrap of evidence could be produced against them. Governor Hogg was present, with a flaming military escort. He held a stormy interview with Judge Rivers.
"If you discharge these prisoners, you destroy the government of this state, sir!" thundered Hogg.
"Are they not citizens of the United States? Does not the Fourteenth Amendment apply to a white man as well as a negro?" quietly asked the judge.
"Yes, but they are conspirators against the Union. They are murderers and felons."
"Then prove it in my court and I'll hand them back to you. They are entitled to a trial, under our Constitution."
"I'll demand your removal by the President," shouted Hogg.
"Get out of this room, or I'll remove you with the point of my boot!" thundered the judge with rising wrath. "You have suspended the writ of Habeas Corpus to win a political campaign. The Ku Klux Klan has broken up your Leagues. You are fighting for your life. But I'll tell you now, you can't suspend the Constitution of the United States while I'm a Federal judge in this state. I am not a henchman of yours to do your dirty campaign work. The election is but ten days off. Your scheme is plain enough. But if you want to keep these men in prison it will be done on sworn evidence of guilt and a warrant, not on your personal whim."
The Governor cursed, raved and threatened in vain. Judge Rivers discharged every prisoner and warned Col-
