Shellhouse/Ku Klux Klan Trial - 1925

SHELLHOUSE, MAGDEFRAU, WAGNER, WENGER, HIXSON, ALLEN, DAVIES, SCHLATTER, PRITCHARD, SINCLAR, TROUTMAN, FINLEY, SMYTH

Posted By: Ann Miller White (email)
Date: 4/29/2004 at 19:49:45

WAYLAND NEWS ~ May 14, 1925

KU KLUX KLAN TRIAL

The court house in Mt. Pleasant was crowded and overflowing Monday, Tuesday, and Wednesday forenoon by those interested in the trial of Wayland against E. B. Shellhouse, admitted organizer of the Ku Klux Klan, who undertook to tell the officers of this bailiwick to go hang, while he paraded the streets and persisted in pulling off stunts at his own free will. The case is an appeal from Mayor Magdefrau’s court where Mr. Shellhouse was fined fifty dollars and costs for his indiscretion.

The case was called Monday at 2:00 P.M. and by four the jury was selected and the case began to grind. Witnesses for the town were B. B. Wagner, C. C. Wenger, Fred Hixson, Warren Allen, Jacob Wenger, H. E. Davies, C. W. Schlatter, and Mayor Magdefrau. The testimony showed that Shellhouse had appeared on the streets, sang on the streets, had driven his car up and down the various streets, had opened a meeting and had been arrested.

Tuesday morning, Mrs. Magdefrau, Rev. Pritchard, M. M. Sinclair and Marshall Troutman testified. At this time, Attorney Finley, representing Mr. Shellhouse, moved that the case be rejected on constitutional grounds. The jury was dismissed for an hour and a half, and the lawyers pleaded their cases, both referring to judicial decision to maintain their positions. Judge Smyth gave his decision that the ordinance of Wayland was unconstitutional as far as it related to private gatherings on private property and as such was dangerous and would lead to absurd actions on the part of city officials. However, he ruled the ordinance constitutional as far as it related to the streets and alleys of the town.

The case was given to the jury at ten o’clock Wednesday morning and this (Thursday) morning the jury is still out and the indications are that there will be no decision.