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From the Atlanta Constitution.
GEORGIA LEGISLATURE.
SENATE.
Thursday, July 16, 1868.
There was no session of the Senate to
day.
HOUSE OF REPRESENTATIVES.
Thursday, July 16,1868.
The House met pursuant to adjourn
luent.
Prayer by Rev J. Spilman. Proceedings
of last session read and adopted.
Mr. O’NEAL, of Lowndes, Chairman of
anti in behalf of the committee charged
witli tiie investigation of eligibility of
members, stated that satisfactory pro
gress had,been made i:i their labors, hut
that they were not ready to report. Hoped
to do so to-morrow, or the next day at the
farthest. He felt authorized to say that
when that report was submitted, tlie
House would he able to take speedy and
final action upon it; and further, that he
had reasons to believe that the committee
would ire unanimous in a report. He then
moved to adjourn until to-morrow, which
motion prevailed.
Atlanta, July 17, 1868.
SENATE,
The Senate met at 10 o’clock, a. m ,
pursuant to adjournment, and was called
to order by the President.
Prayer by Rev. B. B. Hinton.
The roll was called and the journal of
Wednesday read.
A communication was received from Ins
Excellency, Gov. Bullock, regarding the
ineligibility of certain members.
Mr. CANDLER moved that the com
munication and accompanying documents
he laid on the tatile. Motion adopted.
f OTr.«.M.iTir.vjiiairmau oi me o<>,
tee on Eligibility, made a report. Tiie
Committee in their report find none inel
igible.
Mr. HIGBY moved to recommit the re
port.
Mr. SMITH stated that the committee
had given the report their closest atten
tion,and in a few remarks sustained it.—
He hoped that the Heuate would duly,
properly and soberly consider the report,
a'id adopt the same, in order to move for
ward in tiie work of the Benate.
Mr. CAMPBELL (colored) hoped that
tiie report would lie re-committed, and
sustained his position in a long speech
upon the necessity of putting into the
hands of the committee the documents of
the Governor. It was showing discourte
sy to the Governor in not presenting them
io the committee.
Mr. CANDLER, in a few pertinent re
marks stated that the Committee had pro
cured every document witli reference to
the status of membersj and find that there
is not sufficient evidence to debar from the
Benate any member thereof. All mem
bers were eligible under the Constitution
of the Btate, and lie hoped the Benate
would adopt the report. Every member
had sworn to facts before the Committee,
which facts made them eligible. He
thought discussion on tiie matter was un
necessary
Mr. HIGBY moved the previous ques-
ICI i-3 saiu rrrarit was mo duty
of tHe Benate to pay proper respect to the
Governor, and he desired the recommital
of the report.
Mr. BURNS said tiiat as every member
had taken the Registration oath, they
were entitled to seats in the Senate. He
hoped the members would pause before
they turned out a sing e member, and con
sider tiie result of such a procedure. He
wished tiie members to meet him squarely
and fairly on the question, and decide the
question to-day. He said if such a course
was adopted, to turn out members lawful
ly elected, he stood for one, ready to make
political war against such measures.
Mr. BROCK thought the Senate should
be thoroughly purged, in order to enact
auy legal laws. He had tin doubt the Com
mittee were honest in their convictions,
hut owing to the documents sent in by
His Excellency, urged recommittal.
iVrr. HINTON' said that the Committee
had thoroughly investigated the ease of
every member, and find them all eligible
to seats. Why give medicine to a well
man? He thought it bad enough to ad
minister it to sick men, to say nothing of
a man in sound health. He hoped that if
prejudices existed auioug members, they
would bury them, and in a kind feeling
harmonize the actions of the Senate.
Mr. SMITH, Chairman of the Commit
tee, in a speech of some length, sustained
the report. The country needed rest from
seven years wrangling. He wished it
quieted, and called upon each member to
use every means to effect it. He intended
to meet the Senators in a spirit of kind
ness and harmony. His opinions were
based upon conscientious motives, and no
power could swerve him in bis convic
tions.
Mr. ADKINS moved the previous ques
tion. Carried.
Upon the main question of recommittal
e yeas and nays were called, which re
sulted as follows : yeas 13, nays 22. The
motion prevailed.
Mr. AD KING read a minority report.
Also one from Mr. Higby, which Jast re
port excluded one-fourth of ttie (Senate.
A motion was then made to adjourn,
which was lost.
Mr. tSPEEU moved the adoption of the
majority report.
Mr, HIGBY moved that the report of
the minority he -adopted. Mr. Higby’s
report are Messrs. Richardson, McWhor
ter, MeCutchen, J. ifr;Hiu, Jones, Moore,
Harris, Graham, and officer J. Mills, jour
nalizing clerk ; also E. Thorn, door keep
er, who are claimed to be ineligible.
Mr. CANDLER, in a few forcible re
marks, defended the cases of Messrs. Rich
ardson, McCutchcu, and others of the ac
cused, stating that they were unflinching
Union men during the war, and did not
aid or abet the Confederate cause one jot
or one little. J n Hie case of Mr. Crutchen,
he stated that he (Mr. O.) had to call upon
tlie Union army to protect him from vio
fence, with the Union flag planted over
his head. He believed t hat Ibe gentle
men accused were conscientious in their
views during the war, for they all evaded
tlie musket in tiie field, and used every
endeavor to keep away from tlie “front’’
Upon the calling of the report of tlie
majority, it was adopted.
Mr. HARRIS oflered the following reso
lution :
Resolved, That the action of the Senate
on the eligibility of its members, together
with the report and the testimony aecoin
pauyiny the report, be communicated to
his Excellency, the Provisional Governor,
and through him to Major General Meade,
informing his Excellency that tlie Senate,
having investigated the eligibility of its
members, ask his approval of their action,
and if approved, the Benate reports itself
July organized and ready to proceed to
ousiness, and receive any communication
his Excellency may lie pleased to make.
The resolution was adopted.
Tiie Ben ate then adjourned to 10 o’clock
to-morrow morning.
HOUSE OK REPRESENTATIVES.
House met. Speaker McWhorter in the
Chair. Prayer by Hev. J. Bpilman. Roll
called. Proceedings of previous day read
and adopted.
Mr. O’NEAL, of Eowndes, Chairman
of the Committee ou the eligibility of
members, submitted a majority report, as
follows: , ,
Mr Speaker—The undersigned majority
of the Committee to whom was referred
the Investigation of the eligibility of the
members of this House, beg leave to report
that tiioy have examiued, under oath, all
the members except , and of these ex-
amined they find two ineligible, viz: W.
T. McCulloch, of Jones county, aud J. M.
Nunn, of Glascock county, and recom
mend that they be so pronounced by this
House, that their seats may lie vacated to
be occupied by whomsoever may he legally
entitled thereto. Our reasms for this re
port are to be found in their affidavits and
the law In a majority of cases the mem
bers having, by ttieir oaths, rendered
themselves clearly eligible, it was not
thought necessary to reduce tiieir answers
to writing, whilst in a number of cases iu
which the Committee had doubts* it was
thought advisable, alt wli ch will freely
appear by the affidavits herewith present
ed. Ami we further recommend that the
final action of this House, together with
all the reports, as well as al! the affidavits,
be transmitted without dejay to His Ex
cellency, the Governor, that lie may com
mit the same to tiie General Commaud
ing.
In reference to such members as have
not been before us, we can only say tiiat
wc will report thereon as soon as possible.
Jno. W, O’Neal,
J. E. Bryant,
Augustus H. Lee.
Mr. SHUMATE, of Whitfield, submit
ted a minority report as follows :
Waving any discussion, and any expres
sion of opinion as to the constitutionality
of the Congressional reconstruction scheme
or as to the propriety of applying the
tests prescribed in section Bof the pro
posed Constitutional Amendment known
as Article 14, to officers ami members of
the Legislature of auy Btate, before said
amendment has become a part of tiie or
ganic law of the land, the undersigned, a
minority of the committee raised by the
House under, a resolution adopted on the
13th instant, respectfully submit the fol
lowing :
First—That in our opinion members of
the Btate Legislature are not officers in
the meaning of tiiat term as it occurs in
the Constitution of tiie United States, and
the proposed amendment, aud in the pro
posed reconstruction acts, aud that the
tests of eligibility to office prescribed in
said amendment cannot properly be ap
plied to members of this House ; but its
tiie General Commanding this Military
District entertains a different view of the
law, aud lias directed us to act upon lus
view, we desire merely to raisetlie point
above made, and do not propose to dis
cuss it in this report. .
Second—lnasmuch as the right to vote
under the said reconstruction laws is more
restricted than the right to hold office,
under said proposed amendment, and as
all persons entitled to hold office under
said proposed amendment; aud inasmuch
as boards of registration were appointed
by virtue of said laws, whose province it
was to admit parties to registration as vo
ters upon the light of surrouudingcircum
stance-, and of such "additional testimo
ny as might he adduced iu doubtful cases,
and as those boards perfected their lists of
registered voters under tiie direction and
control of the General Commanding tiie
District, and as those lists tints perfected
have been returned to the General Com
manding and after having been closely
sifted previous to the last two elections
held in the State have been acquiesced in
by the General as correct, it follows tiiat
as to all registered voters, (and we believe
there are no others claiming seats in this
House.) their right to vote and to (told of
fice has ueen iicttrminait affirmatively,
and that, too, by the authorities author
ized by law to determine these questions.
These questions then, having been deter
mined by tiie Boards of Registration who
went into tiie investigation in the commu
nities where the applicants for registration
resided, and where all the facts were as
certainable we are of opinion that the de
cisions arrived at by said Boards are great
ly more reliable, and much less likely to
do injustice to parties than any decision
this House, with its limited means of in -
formation can reach, and tiiat tiie deci
sions of those Boards ought to be accepted
as conclusive, and ought to be set aside
without proof most irrefragible, and con
clusively, especially when it is remember
ed that whenever a decision of a Board
of Registration is overruled by this House,
perjury may be imputed to the party de
clared ineligible.
Moreover, it is fair to presume that it
was the conclusion of those charged with
the responsibility of executing the laws
aforesaid, that the members of the House
to whom on the4th inst was administered
the oath prescribed by law to he taken by
members of the Legislature were eligible
to their seats, and that the solemn and im
posing ceremony of organizing the House,
under the eye of the General Command
ing, was not a meaningless ceremony, but
was a solemn adjudication of the eligibili
ty of each member who appeared at the
bar in me mouse aim iook upon tumsen
the obligation prescribed. This body is
required to apply to its several members
the tests prescribed by the said Constitu
tional amendment. In doing so, we do
not see how we can safely go behind the
decisions already rendered, and if, in
faithful observance of said requirement,
the House shall affirm iu every instance,
tlie decisions of said Boards of Registra
tion, and open to the adjudication im
plied in tiie organization of the House,
thereby retaining the chosen Representa
tives of the people, we should regard it as
an exceedingly fortunate circumstance,
and cannot hesitate to believe tiiat it will
be accepted by the General Commanding
as a final disposition of the matter.
Third—Every member of the House
whose eligibility is questioned should be
presumed to have fulfilled, aud to till all
the requirements of the law, and to be eli
gible to his seat until the contrary clearly
appears ; and as resort has been had to the
conscience of each member, to ascertain
the facts iu iiis particular case, full evi
dence should be given to all hesays, until
his testimony shall have been clearly re
butted, not only as to the acts to which he
testifies, hut also as to his interest in doing
said acts —for there must be a concurrence
of act and interest to work disqualification
under the law; Furthermore the state of
facts which w ill disqualify a member from
holding his seat on this iloor might also
convict him of treason against the United
Btates. This language, which occurs in
the proposed Constitutional amendment,
“engaging in insurrection or rebellion
against tbe United Btates, and giving aid
and comfort to tiie enemies thereof,” is
substantially the same as that which de
lines treason in the Constitution itself,
and hence by a familiar rule of construe
lion, it means treason. We should he ex
ceedingly cautious in finding a state of
facts which would lix upon any citizen
the highest crime known to the law so (al
as our fiudiug of the facts can fix it.
Fourth.—The General Commanding lias
not chosen to apply in any arbitrary man
ner the tests proposed. He has not chosen
to decide or even give an opinion upon
the points of law involved, but has, with
a respect for-the House which we cannot
fail to appreciate and reciprocate, referred
the whole matter to the House, declaring
it not to he his purpose to dictate how or
when it shall apply these tests to its sev
eral members. Tlie House being untram
meled in this work, is to ascertain tlie
facts and apply the law in each particular
case. We are constituted judges of the
facts and the law. The questions in every
case to be decided by the House are these:
first.. Did the paity prior to tlie war as
a member of Congress or as an oilieer of
•be United States, or as a member of any
State Legislature, or asan executive or ju
dicial officer ol any State, take an oath to
support tlie Constitution of the United
States V
Second. Did he, after taking said oath
engage in insurrection or rebellion, or give
aid and comiort to tlie enemies of the Uni.
ted States'. All tlie members and officers
including the Clerk) of the House, who
have been before tiie Committee, except
those hereinafter named, are clearly eliffi
ble according to these tests in the unani
mous opinion of the Committee and We
recommend that all who have been before
the Committee, except those Hereinafter
named be regarded eligible without am
action being had upon their cases. J
lu the following cases your committee
could not agree, having differed as to what
constituted ' 'engaging in rebellion and
giving aid and comfort to the enemies of
the United States.” We have sifted the
conscience of the several parties for tlie
facts, and have taken as our guide upon
the law the exposition of this identical
law under consideration given by tlie
highest law officer of the Government-
Attorney General Btanherry. We have
selected this exposition because it emi
nales from a legal mind entitled to tlie
highest respect, and a man whose official
duty it was to ex pose said law. Moreover,
the Congress of the United States having
legislated upon the matter since said opin
ion was published, and not having seen
fit to overrule it in the particular upon
which we rely, but lias in effect admitted
its correctness. This opinion issustaiued
by all tlie elementary law writers, and ad
judicated cases to which we have referred
and we are of the opiuion that no reliable
law writer can he found who entertains a
different opinion of the meaning of tlie
phrases “engagiugiu rebellion and giving
aid and comfort to the enemy.” We mav
dd that the majority have proposed no
other exposition of the law for our consid
eration, emanating from any source high
er than themselves. With all Mue defer
ence to their opinion, we prefer to recom
mend the House to he governed by the
opinion great and pure lawyer and
statesman, sustained by tlie latest law
wi iters of the age, than to follow their
own crude and imperfect concept ions of
an intricate aud very important law, or
even to he guided by the legal opinion of
the majority of your committee. We
quote the sections of said opinion mate
rial to a correct understanding of the law
of cases hereinafter appearing, to-wit:
16. All those who, in legislative or other
official capacity, were engaged in the fur
tin ranee of the common unlawful pur
pose, where the duties of the office neces
sarily had relation to the support of the
rebellion, such as members of the rebel
Conventions, Congress and Legislatures,
diplomatic agents of the rebel Confedera
cy. and other officials whose offices were
created for the purpose of more effectually
carrying on hostilities, or whose duties
appertained to the support of the rebel
cause, must he held to be disqualified.
But officers who, during the rebellion,
discharged official duties not incident to
war, but peace, and were necessary to the
preservation of order and the administra
tion of law, are not to be considered as
thereby engaging in tiie rebellion or as
disqualified. Disloyal sentiments, opin
ions or sympathies would not disqualify,
but where a person has, by speech or wri
ting, incited others to engage in rebellion,
he must come under the disqualification.
The facts in the case of John Long, of
the county of Carroll, are as follows (read
affidavit). We are glad to state that A. H.
Lee concurs in our epinion in reference to
the case of Mr. Long. .
The facts In the case of J. M. Nunn, ol
the county of Hancock, are as follows
(read affidavit). .
As the facts in the two cases are dissim
ilar, of course we should sever the cases,
and every member of the House, except
the one whose case is under consideration,
and those who may have been declared
ineligible are entitled to vote.
We recommend that the following be
adopted iu the order in which they occur:
Resolved, That John Long, of thecounty
of Carroll, be declared eligible to a seat on
this floor.
Resolved, That William F. McCullough,
of Jones, he declared eligible to a seat on
this floor.
Resolved, That J. M.Nunn, of the coun
ty of Glasscock, be declared eligible to a
seat on this floor. I. E. Bhumate,
F. W. Harder.
Mr. BRYANT, of Richmond also sub
mitted a minority report as follows:
Mr. Speaker : The undersigned, a mi
nority of the Committee to whom was re
ferred the investigation of the eligibility of
members of this House, beg leave to re
port tiiat they lind John Long, of Carrol
county, ineligible, and they submit tiie
following reasons for their opinion, to-wit:
Mr. Long, prior to the late war, held tiie
office of Justice of tiie Inferior Court, and
Clerk of the Superior Court, and took an
oath to support the Constitution of tiie
United States, and during the rebellion he
held the office of County Treasurer.
The important question to he settled is,
did Mr. Long give aid and comfort to the
enemies of the United Btates by holding
the office of county Treasury. The under
signed think he did. Bouvier gives the
following definition of “aid and comfort.”
These words * * import help, sup
port, assistance, countenance, encourage
ment. The word "aid,” as explained by
Lord Coke, as comprehending “all per
sonscounseling, abetting, plotting, assent
ing, consenting, and encouraging to do
the act.”
Mr. Long, by holding the office of Treas
urer, most certainly did help, assist, sup
port and countenance a government set
up in opposition to the Government of the
United Btates, and by assisting that gov
ernment he most certainly did aid the re
bellion, for these governments were as ne
cessary to the rebellion as the armies
which they organized, and especially as
it was not necessary for him to hold said
office to keep him out of the army. He,
therefore, held it of his own volition, ami
in so doing made himself a component
part of the Government in rebellion against
the United Btates.
J. E. Bryant,
J. W. O’Neal.
In tiie consideration of these report, the
Speaker decided that the parties whose
eligibility was involved could not vote.
This decision was appealed from, but tbe
House sustained it.
Mr. CALDWELL, of Troup, offered a
resolution tiiat the reports be submitted to
tlie Provisional Governor. Withdrawn.
M-. CWAWKOIit), of Hartow. ottered
resolution that the House proceed at once
to investigate the cases of ineligibiity re
ported by the committee, and tiiat tbe case
of John Long, of Carroll, be first taken up.
Mr. BRYANT, of Richmond, said in
substance that at first he regretted having
been placed upon the committee, but was
now glad of it. It had given him an op
portunity to more fully understand the
true status of gentlemen upon tiie Demo
cratic side of the House. He had suppos
ed at first that they intended to offer fac
tious opposition to reconstruction, but was
now satisfied that such was not the case.
The delicate question now under discus
sion should he approached in a proper
spirit, and lie believed that it would be by
both sides. He asked gentlemen to ac
cord to him tiie same honesty of purpose
tiiat he was willing to concede to them.
In conclusion Mr. Bryant made remarks
in opposition to the adoption of the
minority report.
Mr. SHUMATE, of Whitfield, follow
ed at some length in reply to Mr. Bryant,
and in support of the Minority report. He
occupied the floor up to the hour of ad
journment
Atlanta, Ga., July 18.
SENATE.
The Senate met at 10 o’clock A. m-, ac.
cording to adjournment, and was called to
order by the President
Prayer was offered by the Senator from
the 31st district, Mr. YV. F. Bowers.
Leave of absence was granted to Messrs.
Anderson, Btringer and Welch a few days
on account of sickness.
Mr. BPEER offered a resolution to the
effect that the Messenger lie authorized to
procure locks for the desks of each mem
ber. Adopted.
Mr. HRiBEE offered a resolution that
the hour of meeting hereafter shall he
10 o’clock a. m., and adjournment at 1
o’clock t*. m. Tlie resolution was laid upon
the table.
Mr. BURNS then moved that tiie Sen
ate adjourn tolOo’clock Monday morning,
which was agreed to.
HOUSE OF REPRESENTATIVES
Saturday, July 18,1868.
House met. Speaker McWhorter in the
Chair
Prayer by Rev. Mr. Spilman.
Roll called, and proceedings of Jast meet
ing read and adopted.
Mr. SHUMATE, of Whitfield, having
the floor, resumed his argument in defense
of the Minority Report of the Committee
on Eligibility When he concluded,
Mr. PRICE, of Lumpkin, called for tlie
previous question, (the adoption of the
Minority Report.)
A reading of tlie resolutions embraced
in the Minority Report was then called
for, as follows :
Resolved , That John Long, of the coun
ty of Carrol, he declared eligible to a seat
on this floor.
Resolved, That William F. McCullough,
of Jones, be declared eligible to a seat on
this floor.
solved, That J. M. Nunn, of the coun
ty of Glasscock, be declared eligible to a
seat on Ibis floor.
1 be yeas and nays being called, the vote
stood as follows: Yeas 95, nays 53.
Mr. CALDWELL, of Troup offered a
tee° an'T* Vi'W' 0 r G w,rts of the Commit
Governor all u,o ev "h‘nce, be sent to the
iioveriioi. Ruled out of order
a/im were then taken up seri
atim, tlie vote being largely in tlie mub.r
Clares t^ ea ' 1 ' ,1 ' tion , >f Um de-
House Long eligibly to a seat in the
mV’ Bryant t nf°p- V‘° Be ° ond resolution,
nr. isryant, of Richmond, demanded thi
yeas and nays, and tlie reading of the affi
davit in the case of Mr. McCullough
1 his was done, and the resolution adorned
by yeas 100, nays 48. auopied
1 lie third resolution, declaring Mr
Nunn eligible, was also adopted by a larJe
majority.
The question thus being finally disposed
Mr. HARPER, of Terrell, offered the
following resolution :
Whereas, under instructions of the Gen
eral commanding the Third Military Dis
trict, communicated to tlie House by his
Excellency the Provisional Governor, the
House proceeded to examine into and in
vestigate the eligibility of its members
under the Reconstruction acts of Congress,
and after a full and thorough investiga
tion thereof, have found all persons occu
pying seats eligible thereto ; therefore,
Resolved, That a committe of three be
GEORGIA JOURNAL AND MESSENGER.
appointed by the Speaker to wait upon his
Excellency and nbtify him of the result of
said investigation.
The SPEAKER appointed as that com
mittee Messrs. Harper, of Terrell, Cald
vv 11, of Troupe, and Rainey, of Schley.
Mr. CALDWELL, of Troupe, offered
a resolution that the action of the House
in the matter of eligibility, together with
the documentary evidence, he transmitted
to the Provisional Governor, and through
him to the Commanding General; aud
supported his resolution in a lengthy
speech. At its conclusion, considerable
discussion ensued, points of order were
ra sed, as to what disposition should lie
made ot it. A motion to lay it upon the
table was discussed, pending which, and
other motions the House adjourned to 10
o’clock on Monday next.
From the Atlanta Intelligencer.
tiie ASHBURN tragedy.
TRIAL OF THE COUMllls I’RISOVEKS.
Testimony for tin* l)«*r**nc«* i’oiitlnued.
FIFTEENTH DAY.
McPherson Barracks, July 16, 1868.
Court met pursuant to adjournment.
Proceedings of yesterday read ami ap
proved.
Testimony of Mayor Wilkins continued.
By Mr. Stephens forthe defense —1 know
all the prisoners here except Duke and
Huds u ; those I know are all men of good
character; Mr. Chipley is a merchant; he
lias a wife aud child ; never met him out
at night only on one or two occasions ; Mr.
Bedell is a clerk in an Insurance Office ;
have met him occasionally at night about
the middleof tlie city as he was returning
home from a visit to the young ladies ; as
Mayor, I tun frequently out at night; I
know several persons in Columbus of the
form and size of Mr. Chipley ; Tom Blan
chard is very much like him in size and
appearance; Rosy McNeal is a little tiller
than Chipley, but resembles him ; Law
rence Burroughs tits the bill better than
either of the others; 1 kpow Bennett
whom I saw in the room that night: from
his general character I would not believe
him on his oatli ; know Wade Stephens ;
know his character for veracity, aud would
not believe him on his oath ; know George
Betts; am acquainted with his general
character for truth and veracity ; from tiiat
knowledge I would not believe him on his
oath; 1 know Charles Marshall who has
been a witness in this case; a watch and
chain was presented to him Monday, 20th
April, shortly after the e.ectiuu ; It was
made up by a few young men in the city,
in consequence of his having been reduced
on account of his active participation iu the
election iu behalfof tiie Democratic party ;
they first intended to give him a suit of
clothes; Capt. Mcßpadden, ofthe Internal
Revenue Department, paid $25, aud Capt.
Harris paid $25 towards the present, which
in all mades3so : the watch was bought
instead ofthe suit of clothes aud gave him.
I myself let him on another occasion, have
$100; he wanted to borrow S2OO to take him
home on a furlough ; I told him that if he
would wait until after the election, I would
let him have some money ; he consented,
and after the election lie came to me, and
I let him havesloo; ($25 from the Demo
cratic Club, So from Mr. Gray, $25 from
Mr. Coleman, and I made up the balance
By Gov. Brown, for the prosecution. —
Marshall came to Columbus, iu April or
May, 18, and I became acquainted with
him a few months after; he began to co-op
erate with the Democratic party two or
three weeks before the election ; lie took
no stand iu politics further than to oper
ate for our benefit during the election :
first learned he was a Democrat pretty
soon after I became acquainted with hiui;
pieviousto his being appointed orderly
sergeautof his company, I heard through
my police officers, that tie and his orderly
sergeant was antagonistic on account of
Marshall’* Democratic principles. Don’t
rfimember having seen him in company
With any of the citizens. 1 saw him fre
quently, and treated him politely. Never
conversed witli him on politics, unless it
may have been immediately previous to
the election, when lie wanted to borrow
money. Demanded no note or security
when 1 gave him the money. Had very
little expectation of its ever being paid.—
It was not considered a contribution. It
was made up and given him after the
election, lie applied fors2oo.. 1 prom
ised him no definite amount if he would
remain until after tiie election. Harris
paid $25 for himself aud $25 for McMpad
den. Harris told meson few days ago
Did not hear of any of these persons now
on trial having contributed anything, Mr.
ISpeer, from whom the watcli and chat!)
were purchased, told me that it had cost
between S3OO and $350. 1 would not be
lieve Bennett on his oath, from tiie sim
ple tact that he has sworn to a lie. All
my knowledge of him lias been acquired
since the death of A.
The oatli I refer to was taken in refer
ence to the death of A. I have known
George Betts from his childhood. Had
i been examined as to his general charac
ter prior to the death of A., I would have
sworn that I would not believe him on his
oath. About the titneof his arrest, he was
not considered a man of good character.
From my friendship for his father, J tried
to make something of him, and placed
him on tiie police. He would frequently
lie to me when reported for dereliction of
duty, i bore with him for a long time,
but finally had to discharge him. He was
very unreliable, it was about a year be
fore A.’s death that I finally discharged
him from the police. Have known Wade
Stephens for two years. I would have
sworn before the death of A., that I would
not believe him on his oath, from his as
sociation, and the way iu which the fami
ly lived. Also from his personal associations
witli negroes aud low whites; not from a
knowledge of his previous falsehood.—
These young men were arrested the first
time, previous to election, because Mar
shall was then still orderly sergeant of 1 j is
company ; recollect of no arrest having
been made the day after the murder; the
young men, I think, were arrested within
ten days after the death of A. The first
art cats. 1 understood, were made by the
military ; no arrests were made by civil
authority, that I know of. It may have
been several (jays or a week that they
were confined in the Court House. They
were all discharged.
Mayor Wilkins desired to make the fol
lowing collection, to wit: I raised the po
lice force to thirty, instead of sixty men.
By the Court—As Mayor of Columbus,
did you receive any information as to who
might be implicated in the murder of Ash
bum ? Not as I recollect of
Thomas C. Millersworn. —By Mr Ste
phens, for t lie defense.—l am a farmer
five in LaGrange, and a partner of Mr!
Frost in the warehouse business. [Here
witness exhibited two books, which he
stated, were tlie receipt and cash books of
tlie concern.] 1 know Mr. Parrham, of
Meriwether; he delivered cotton to our
firm this spring; said cotton was bought
by a young man named Burke, whom
my partner sent out to purchase cotton;
Mr. Parrham delivered cotton to us on the
2d of April of this year. [Here tlie wit
ness pointed out an entry, made by him
self, in the receipt book,showing that Parr
ham had delivered a lot of cotton at the
warehouse on the 2d of April, 1868.] I
know Judge Tucker, of Meriwether, well.
Williams, who hauled this cotton to La-
Grange, is the Judge’s son-in-law. The
book is correct as to date, and ail that it
pretends to.
(Here witness opened the cash-book and
exhibited the proper entry, made there by
Blue Frost, cash elerk, relating to the lot
of cotton received of Parrham on April
2d, to-wit: “1868. April 2d. S. A. Parr
ham, 11 B. (’.,5863 05.)”
The Judge Advocate admitted these en
tries as testimony, and they were accord
ingly placed upon the record.
Witness continued —The cotton entered
on the receipt book and that mentioned
in the cash book is the same, to the best
of my knowledge.
By the Prosecution.—l know it to be so
only by the entries.
Court then adjourned till 10 o’clock to
morrow morning.
SIXTEENTH DAY.
rrt „ Friday, July 17.
the Commission met at 10 a. m.
Miller. ‘ Also > that of Mr.
TESTIMONY of John PEABODY
sSSßSjj
some other witness* i lo/ i 1 mere after
I l.»i tl»»e IhStol’K
examined, and conducted theeMmfnir ®*
from that time. Mr. Uostock
was present, and he took down mos t ( ?f
the testimony when I was there. He l,»a
some ol it down when I got there I lion'!
know whether that was an offiefalr,?,’
or not. The investigation was had by Urn
Coroner. It was a Corouer's inquest. I
don’t think Bostick attended it as Jus
tice of the peace. It was the common re
port that he was apppoiuted Justice by the
military. He must have been because lie
was appointed within tiie last two years.
I know the Coroner did not keep a re
cord, and there was none returned to the
Clerk’s office of the Buperlor Court, as is
the custom. I only kuow what the Coro
ner told me about tiie record. He said he
had returned it to Captain Mills, tiie mili
tary commander. I know Bennett, a wit
ness iu this case, by sight. He was there
that day. lam acquainted with his gen
eral character. From my knowledge of it
I would not believe him on oath lam ac
quainted with the character of Wade
Stevens giso. 1 would not, from my knowl
edge of it, believe him on oath.
Cross-Examined.— l am acquainted
with Captain Mills, tiie Commandant ot
the post. I had a conversation with him
as to the the failure of the City Council in
not investigating the Ashburn case, tn his
otilce I made a statement to him to this
effect. He asked me if tiie City Council
had done atiy more than to ofler a reward
for the murderers, and I told him I did not
think they had. He asked me why I
thought they had not. 1 told him 1 did
not think that, as individuals, they cared
to know where the murderers were. 1
also said 1 did not think it the duty of the
Council to make such an investigation.
The civil authorities whose duty it was to
take steps did so. The Coroner and my
self examined every person about tiie
house, and every person wc thought had
any means of knowing anything about it.
The jury then returned its verdict. That
is all that is ever done, and it is the uni
form practice in tiie -circuit, so far as 1
know unless afterwardeother testimony is
found. I don’t know any difference in
practice, whether the crime is greater
small. If extra efforts are made, they are
made by the friends of the deceased. In
tliis Btate no officer is charged with the
investigation of crime. The Coroner first
acts, and then tbe Grand Jury. In my
conversation with Capt. Mills, I did not
state that tiie civil authorities did not care
about Investigating the case, ns they did
not know where it would strike. What I
said was spoken about the community as
individuals, but 1 did not apply it to any
civil officer in the discharge of his duty.
I don’t know that that was the reason
which actuated the City Council. laimply
meant they did not care to know I didn’t
use tiie words the community “didn’t de
sire to press ” Capt. Mills agreed with
me, and he said that that was a natural
feeling in the community. I did not state
that the community desired to screen the
murderers, but that as individuals, cer
tainly they did not desire to know. 1
likened the community to himself and
said to him if one of his soldiers had com
mitted a great crime, he would not as an
individual desire to know of it, while Jw
ati officer he would feel it his duty to
bring the man to justice. He coincided
fully with me.
I did not say they were very anxious not
to kuow. I meant to say I didn’t believe
they wanted to know The law makes it
my duty to prosecute in ail indictments,
also to examine the returns of inquests,
and if anybody is charged by that inquest,
it is my duty to return it to the Grand
Jury. I am simply to prosecute after they
indict. I am not a public informer. I
never understood my duty in tiiat way,
and the Jaw does not make me such. 1
never received any information from tiiat
day to this, nor lias auy one applied tome
to prosecute any one for tiie murder of
Ashburn. 1 stated to Capt. Mills mat i
was ready to prosecute in this case any
person charged with the murder, but! had
refused to give any advice or instructions,
because I might be called upon in my offi
cial capacity to prosecute, and I did not
wunt to entangle myself with it. I can’t
say how long it would have been before
any voluntary etlbrt would he made by the
community, to discover who the murder
ers were. 1 heard of his son trying to find
them out. There was a greater etlbrt
made than I have ever known to he made
before by some individuals, hut it was
confined to tiiose who expected to get tiie
reward offered. There was an effort made
the very morning he was killed by some
of his immediate friends, hut the City
Council offered the reward that day, so
there could not have been much effort
nia.! before the reward was offered. I
loin Capt. Mills that the community were
per.ectly astonished at hearing of the
death of Ashburn. They did not believe
that any number of citizens would have
gone there deliberately to do such an act.
The only solution they could give to it
was that they gone there for some other
purpose and tiiat A. tired on them. That
was my opinion of the feeling of the peo
ple.
I had bul very little knowledge of Ben
nett before the day of the murder. What
1 beard of him would not be sufficient to
enable me to form an opinion as to his
credibility. 1 think 1 have now a suffi
cient knowledge to testify as to whether 1
would believe him on oath or not, and that
knowledge is not from his examination
here, but from tiie fact of his personal trial
before tiie Superior Court iu May. 1 heard
witnesses testify as to tiie facts, and others
informed me of the facts as to his charac
ter. i have heard him generally spoken
of by the citizens only about that trial,
have heard very little spoken of him since
lie was a witness. I have heard very lit
tle of him since tiie trial in May. I have
not heard his friends speak of him at all
since that trial. Jt was the testimony of
liis friends on that trial that formed my
judgment. I formed my opinion mainly
from the events of that trial. Wade Ste
phens is quite an obscure man iu that com
munity, 1 think. Jlc came to me to prose
cute a freedman of the name of John
Wells, and it was on that trial I found out
what I know of Ins general character. I
frequently make up my opinions as to
character in the court house, but not al
ways. 1 know something of bis general
character for truth and veracity. The facts
developed ou that trial were such as to
cause me to inquire. I have heard quite
a number speak of his character. I heard
his mother and aunt speak of him, and
they did so without my asking them. I
think I asked others, among them the
Sheriff, to inform myself as to whether
the witnesses were actuated by any feel
ings of hostility to him, and 1 found out
from them the same. He was my wituess
on the occasion, and 1 was endeavoring to
sustain Ills character, and 1 found I could
not do it. He was prosecuting Wells, and
lie told me there was some contest between
himself and his mother about property.
That was why I went to others inquire. I
would have put no confidence in their
statements of the others if it had not been
from the fact that tiie mother spoke of her
own son and the aunt of her own nephew.
I thought that the natural feelings of a
mother would not allow her to speak
harshly of her own son. He was a wit
ness against Wells, and his mother’s feel
ings were in favor of John Wells.
My experience as a lawyer has not taught
me that family feuds are the most bitter of
all feuds. I have not formed that opinion
generally ; they sometimes are us bitter as
others. J have not spoken from any
knowledge derived from persons not liis
associates. His mother and aunt discred
ited him in court in his own presence. As
far as I know, i could not find a man in
Columbus who would believe him on his
oath ; and more than that, he did not sug
gest to me anybody by whom I could
prove his character good. I don’t recol
lect whether r asked him if he could point
out any person who would sustain his rep
utation. 1 took it for granted that he
would make the suggestion, and it was at
that time I made inquiries of persons
standing around in court as to who he was.
To Mr. Stephens.—His aunt was not so
much interested in tiie case as his mother
was. 81ie might have felt an interest in
sustaining the character of her sister. I
have never known a community to prose
cute any person for any offense whatever ;
hut I have known them to take a strong
inteiest. I don’t know,of my own knowl
edge, that A. had many strong friends in
the community. There were many per
sons of liis party there, but X don’t think
lie had many stiong friends, even amongst
them. It is the common report that he
had a wife. Hhe never came to me to take
any part in the prosecution. 1 have seen
one son of his and heard of another. 1 did
not see one of his sons at the inquest.
Neither of them instructed me or gave me
any information touching the death of
their father. Captain Mills did not either.
We spoke of a witness, and he told me he
was satisfied that witness swore to a lie.
The witness identified two parties, and
Captain Mills told me that lie had discov
ered that one of the men identified had
not been in the city for three months be
fore. The witness referred to was a negro
named Tom Johnson. He has not been
examined on this trial. J informed Capt.
Mills of my willingness to prosecute auv
person who might be accused, and on that
account I refused to represent Mr. Bedell,
who was arrested the following morning.
lo the Judge Advocate—After Bennett
was sentenced I spoke to Judge Worril
from my place in the Court to remit some
of the penalty. I stated to the Court I
had been informed that some of the attor
neys had doubted that as an attempt had
been made to discredt all the Btate wit
neases, whether the jury ought to have
found him guilty ; and to prevent any one
from saying that he had been convicted or
dealt harshly with because he was a Rad
ical, 1 asked that a portion of the penalty
be remitted.
I did not tell the jury that Bennett was
the first Radical they got hold of, and to
punish him severely, if I said anything
about it, it was induced by tiie argument
of his counsel, who tried to excite a sym
pathy for him. i argued to the jury that
it was no reason because lie was a Radical,
that he should be acquitted.
To Mr. Stephens.—Mr. Ciiipley paid the
tine for Bennett in that case Ashburn
had violent political euetnies, as well as
strong political friends, in the case J
speak of Ashburn's son was the principal
witness for the prosecution. Mr Bostick
took great interest ig Rie prosecution 1
oniy Know that the Sherifftold me Mr.
Ciiipley would pay the line. Mr.Chipiey
told me after Bennett was convicted, that
if lie would give him certain information,
lie would pay the tine.
By the Court—How many persons of
Columbus, besides his relatives, have been
asked if they would believe Htepheus on
his oath ?
Answer —I can’t say.
Question.—ln your inquiries, did you
find any persons who would believe him?
Answer. —1 did not; if 1 had, I would
have introduced them on that trial.
Question.—How soon after the murder
did the grand jury sit ?
Answer.—The Grand Jury sat second
Monday in May.
Question. —Did the Grand Jury take any
notice of tiie murder ?
Answer.—No.
TESTIMONY OK THOMAS K. CHA KIN,
I live in Columbus. lam a physician
lam acquainted will) Columbus Bedell. J.
saw him about sundown at my otHce door.
He came to me und told me lie was sick,
and wanted me to do something for him.
1 examined his tongue and found it coat
ed—lie had considerable fever. 1 prescribed
blue mass for him, and told him to take it
at bed-time, bathe his feet in warm water,
and next morning take a scidlitz powder.
I did not see him any more that night. 1
made an entry of that prescription. I have
it with me.
Witness here produced li s memoran
dum book and exhibited it to the Court.
i saw him the next evening. I pro
scribed for him again.
There was no cross-examination of tiie
witness, and bis testimony was read from
the Reporter’s notes.
TBBTIMOY OF JOHN" VV. DKOOKS.
I reside in Columbus, fam a druggist,
i know Mr. Columbus Redell. I see him
in court. I saw him about ten o’clock the
night of the murder of Ashburn. He was
complaining of being sick, and lie was ai
my store for tiie purpose of having a pre
scription made up He spoke of getting
blue mas, ands suggested to him to put a
little calomel with it. He a.-ked me to
look at his tongue, which I found to lie
very foul. 1 saw him next day almost im
mediately after his release from arrest. J
am not certain as to the hour. I think
there are many persons in Columbus who
would correspond in height and appear
ance with Mr, Bedell, but don’t know that
1 could designate them now.
Here Mr. Stephens named several eitizen
of Columbus, and asked the witness as to
tiow they compared in general apjiearance
with Mr. Bedell.
Tiie witness knew some of tiie parties,
and said there was a resemblance, tint
others of them he did not distinctly read
ied.
Cross Examined.— I could very readily
distinguish between those persons I have
stated as resembling Bedell in daytime, i
could do so iu a place where there was a
lighted candle. Perhaps others could do
the same. The prescription was larger
than 1 generally put up. I remember the
circumstances from tiie fact that he was
arrested next day. Ordinarily it would
make him very sick if lie had taken it
J can’t say positively tiiat he took the pre
scriptions.
To Mr. Htepliens.—l have reason to know
he took it from the fact that he called
next morning toget some seidlitz powders.
1° bia** Judge Advocate—l did not make
any entry in my book.
By the Court—Did you not state before
that you did not see him after the 30th of
March until tie was released from arrest?
Answer—l saw him in the nn tiling
when lie came down to take the seidlity
powder, but I can’t be positive whether
i saw' him any more until after Ids release
from arrest.
To Mr. .Stephens—l am positive that lie
called the next morning. I am not cer
tain whether I saw him after that, or had
any interview with him up to the time of
his release.
A member of the Court moved lo ad
journ, when a vote was taken, and it stood
6 for, and 2 against.
The Court then adjourned to 10 a. m. to
morrow.
SEVENTEENTH DAY,
McPherson Barracks, July 18, ’OB.
Court met at 10 o’clock, pursuant to ad
journment, when the record of yesterday
was read and approved.
Zack T. King, sworn by Mr. Stephens,
for the Defence.—l live iu Columbus, Ga •
am 19 years old, and a clerk in the bank;
T know Columbus Bedell, of Columbus
(Witness pointed to the prisoner of that
name.) He is a book keeper for Mr. Bow
ers, wiio is engaged in the cotton and in
surance business ; our offices are together
—the same room ; till 10 o’clock the nigiit
of A, s murder, Mr. Bedell was iu the
office and at work, I suppose ; I was at
work ; know nothing of him after that •
he remarked at the time of leaving the
ofiice that night, that he would retire ear
ly, as he felt unusually unwell ; when the
bell struck, I looked at thecloekand found
it to be 10 o’clock ; Mr. Bedell left a few
minutes after.
Gov. Brown for the prosecution, remark
ed that he had no question to ask the wit
uess
Testimony was then read over: the wit
ness was discharged,
Homer B. Starr sworn.—By Mr Ste
phens, for ttie Defense.— lain 20 years old;
a cotto;i shipper and live in Columbus ; 1
know'Mr. Bedell by sight; no personal
acquaintance with him except Irom busi
ness transactions; (witness pointed Mr.
Bedell out); saw him the night of A.’s
murder; was sitting in my room and he
parsed there a little after 10 o’clock; our
apartments are about 12 feet apart, on the
opposite sides of the hall, iirtlie McGee
building; on passing my door he was J go
ing to his sleeping apartment; I went to
bed about 12 o’clock that night; my door
was open until I retired ; Mr. Bedell could
not have left the room without my .seeiug
him before l retired ; did not hear his door
open after I retired; the rooms we occupy
are on the second lloor; on tiie same floor
Mr. Ellis, Mr. Duck, Dr. Erkwbort, Mr.
Harris, of the Revenue Department, have
sleeping apartments on the same lloor.
By Gov. Brown for the prosecution.—
This house is on Broad street; not kept as
a hotel or boarding house ; Internal Reve
nue ollieers are there; the house is not
kept by any one ; under the sleeping apart
ments are vacant stores, the property of
Mr. McGee, and the estate that he has
charge of; went to my room that night
about i) o’clock ; had before been in my of
iice which is about one hundredyards from
my sleeping room; at the office 1 had
been attending to my usual business,
which was to enter up ‘the cotton receipts
of tiie day; Mr. Henry H. Epping and
Richard B. Watson were in my office that
night; E. was writing letters. Epping is
in Columbus now, a banker and cotton
factor. Not positive that there were not
other persons there that night. Watson
is now in Abingdon, Virginia. J M.
Tomilson, who is about thirty or thirty
live years of age, was in the sleeping room
with me that night; lie was in the room
when L got these; he was my room mate
at the time; don’t know where he is now ;
when I last heard from him he was in
Chambers county, Ala.
He had not gone to bed when I got in
the room ; no one else was in my room at
any portion of that night; I think I got
into bed first; we slept on the same bed ;
my usual time during the winter for retir
ing is from 11 to 2 o’clock ; from U o’clock
until we wentto bed we were talking over
some business matters between us ; our
conversation was not confined solely to
business ; I do not recollect the general
topics upon which we conversed ; the ar
rest of Mr. Bedell next morning impres
sed with having seen him that
night.
Mr. Stephens here objected to the line of
Interrogations put by tiie prosecution, and
reduced his objections, to writing. Gov
ernor Brown defended the line of examin
ation he was pursuing, whereupon the
Court retired for deliberation.
On the return of the Commission, the
Judge Advocate announced t hat the objec
tion was overruled. The following was
the objection raised by Mr. Stephens, to
wit:
Objection by Mr. Stephens. The
counsel for the defense object to the line
of interrogation for tiie prosecution upon
tiie groutid that none ol tiie answers if
made, would elucidate the issue involv
ed before tiie Court. The witness has
already stated the arrest of Mr. Bedell
next morning impressed upon his mind
uk? facts hfi has testified relation to
him, and whether witness can or cannot
recollect any other incident of tiie night
not connected in any other way with Mr.
Bedell, cannot effect tiie testimony iu this
case.
Examination continued by Governor
Brown.—What business were you talking
about? (Witness asked whether he had
a right to object to tiie question?) It was
in regard to some dissatisfaction he had
with a partner; noticed nothing unusual
about Redell that night; my room is the
last room, about forty feet from the head of
tc.e stairway; my room was on tiie left
hand side going from the stairway ; small
passage between my room and ibe next
room ; (vacant) there were two rooms oc
cupied on the same side of the passage with
mine ; the nearest to mine was occupied Gy
Mr. Harris; the other was used as H.’s of
fice; Bedell’s room was opposite mine;
there was one between hint and the end of
the passage; botli Redell’s and Eliis’rooms
are opposite mine; mine is a large room;
two doors to my room opening into the
passage; the door opposite Be Jell’s room
was open that night; I was near the cen
ter of my room where tiie table sets, about
22 feet from Bedell’s door; no light in tiie
passage way that night; Harris may have
had his door open without my "seeing
it; i occupied the same seat all the time
I was talking at the table ; may have got
ten up occasionally to g‘-t matches, for
I was smoking; stairs at the east end of
tiie passage; went to tiie west end of the
room to get tiie matches; at the west end
of my room I could not see Redell’s door,
buts could see any one passing when my
duo*’ iu open; some persons could pass with
out attracting my attention, but Mr. Reded
never could from a habit lie had of
scraping his feet on a mat, which always
attracted rny attention whether mj* door
was open or not; if my attention was not
attracted of Course 1 cannot swear that it
was; 1 cannot swear that Mr Bedell never
passed in and out of his room without at
tracting my attention ; that night my
room mate was relating and i was listen
ing ; Mr. Bedell might have gone out
without attracting my attention, hut it is
not probable that he'did; it is possible that
he might.
By tiie Court.—Which way does your
door open, to the right or left ? To tiie
left—Re one I had open. Was it swung
entirely back against the wall or oniy par
tially open ? Not back against the wall
only partially open; I closed it about liaif
poci eleven o’clock—just before I retired to
bed; the smaii passage leads nowhere; it is
just an open passage. Was tiie floor of
the hall covered with any carpet or mat
ting ? It was not. Where were the wa
ter-closets attached to the buildiug ? On
the rear, on the west side. How did the
occupants get to tiie water-closets? By a
back step. How long have you lived in
Columbus? About a year—previous to the
war I lived there nearly all my life. Was
there anyone in Columbus who resembled
Bedell in size *aiidappeara[ioe? Not that I
remember.
By Governor Brown for the prosecution.
What do you mean by the back way to
the water-closet? 1 mean tha there were
back steps from the second story leading
to tiie water-closets. There is a narrow
, entrance on tiie east side, and (lien there
i is a back way leading down to tiie cio3et*
in a small inclosure. I could not get over
tiie fence; don’t know anything about
Mr. Bedell’s activity. 1 have roomed
there since September till now. I have
been in the waier-closet very frequently ;
sometimes, have not been there for
months. Tiie hack entrance i s[s>ke of,
is, I think, less than oue-qu irter of an
acre ; no opening iu the enclosure as well
as i can recollect.
By. Mr. .Stephens.—l never knew any
one to enter that building from the back
way. I know of no possible way of get
ting out on the street, from mv apart
ment, through the hack way. My apart
ment was rented as sleeping apartments
alone; no one took meals in the house;
a usual thing, my room-male was a por
trait-painter.
Here a diagram was presented to the
witness, who was asked whether it repre
sented the outlines of that building and
lot ; witness said it w*as correct except as
to the position of the water closet.
By Gov. Brown —You stated that you
never knew any one to enter the buildiug
through the back ot: do you pretend to
state that no one ever did so enter? 1 do.
In case of lire, I could make my way, i
suppose, through the back enclosure by
getting over the water closet, or the kitch
en ; if there is a fence there, I could try
and get over t .
l iie Court tG■ ■. adjourned till 10 o’clock
Monday morning.
Prom tlie Columbus Sun and Times.
JOHN STIPLIBis AFFIDAVIT.
I MuM-ogee County : State of Georgia.
John .Stapler, being duly sworn, says,
1 on the 14th of May, 1868, he was driving
a wagon in tiie peaceful pursuit of his busi
i ness, when a United States soldier came
t up to him, and seized him, leaving his
wagon and horses in the street without any
body in charge hut a boy, whom he (Sta
pier) induced to mind them while he was
i under arrest. He was then taken to the
military guard house in Columbus, detain
ed tiiere about one hour, arid then carried
under guard t:> the Muscogee depot, and
| taken thence to Savannah, in company
i with John Wells, James Barber, and Wade
I Stevens Remained at Savannah in tiie
i guard house about an iiour and a half.
; We were taken thence to the steamer
and carried to Fort Pulaski, and after some
delay we were carried in, one at a time.
| Deponent was carried to a ceil and theie
j confined. After being in tiie cell about
an hour and a half, Whitley, a Goveru
-1 mentdetective, (the same man who lias
I since frequently visited us at McPherson
Barracks, Atlanta) and Captain Cook,
who commands at Fort Pulaski, came to
the cell and unlocked it and made depo
nent come to the door, when Captain Cook
directed his Orderly to search thoroughly
the person and pockets of the deponent.
Whitley and Captain Cook then spoke to
gether, and Captain Cook ordered the bar
ber sent for to shave deponent’s head in
one hour! Deponent was then put hack
in cell. In about ah hour he was brought
out aud blindfolded, carried down into a
room, seated in a chair, and the bandage
taken from liis eyes. Then tie was asked
; by Whitley “ if he ever was discoursed by
a minister before lie was put through,”
and be said he had an order from General
Meade "to put him through,” and then
asked Captain Cook to allow him a little
while before Tie put deponent through, to
which Captain Cook replied he would not
doit. Whitley insisted, and at last Capt.
Cook consented to give Whitley lifteeu
minutes by bis watch “to put deponent
through.”
When the bandage was taken from de
ponent’s eyes, lie saw a soldier standing
near a brass cannon, witli a string from
tiie cannon to his hand, and whtM-everde
ponent turned the cannon was ranged up
on him. Deponent’s head was then lath
ered witli two scrubbing brushes, anti there
weie two or three razors lying.on the table;
deponent was made to stand up and be
measured against the wall; during this
time he was asked by Whitley if lie knew,
or had ever heard the people say, anything
about the Aslibiirn murder. He said lie
did not know anything, and had not heard
anything about’ it. Whitley replied,
“You need not tell me a lie ; the rebels
have been posting you, hut it is no use.”
Whitley then gave deponent till the
next day to consult and study and see if it
wquhl not bring some good. Deponent
was then put hack in liis cell anddhere
remained iu solitary confinement, never
seeing Whitley again for four or live days,
when he came there, took him out of his
cell, carried him to another part of the
Fort, and showed “the sweat box,” and
told him if lie didn’t up and tell all lie
knowed about it, ho would put deponent
in that sweat box and keep him there
thirty days. Deponent told him he didu’t
know nothing and couldn’t tell anything'
without it was a lie; hut lie must tell him ■
all he knew ! He then put deponent in the
sweat box, which is a closet in tiie walls of
tiie Fort, a little wider than deponent’s ,
body, the door closes within three or four
inches of his breast, theonly air admitted
is through a few auger holes in ttie door.
He was left in this condition under the
beliefthat he was to remain there 30 days,
unless lie told about the Ashburn murder.
He remained in this position about thirty
three hours, when Mr. Reed and Captain
Cook came and took him out. Whitley
came up and said he allowed they had
taken deponentouttoo soon, and he would
have deponent back unless he told what
he knew. 1
When depon nt was taken out his limbs :
were swollen and painful, aud to this day
he suiters font the confinement. He was
then turne loose and allowed to walk
aboutthe F rt,where he remained until the
9th June; lie was then put under guard
and carried to Atlanta. During all this
time he was strictly forbidden to talk to
any one. About the 10th June he was pu
in McPherson Barracks, where lie was
very well treated, except that be was under
orders not to talk to any one without per
mission. On Saturday, the 11th July, in
the afternoon, Whitley came to deponent
and other co’ored persons who had been
detained in prison, and told us to go to
Maj. Smytiie’s office. When lie got there
Maj. Smvthe gave him an order for *l4O,
which lie supposed was f< r witness fees
and transportation. Deponent further
says that he was never used as a witness,
and never knew anything to witness
about. Deponent further says that .Ste
phens and Barber both knew that lie had
been putin the sweat box, and how he
itad been treated. ins
John X Htkaplkr.
mark.
Sworn so and subscribed before me, 13th
July, 1868. John Kino
Notary Public.
CROPS l\ TKI.KVIH KOI MV
Jacksonville, Telfair County, )
July 14, 1868. j
Editors Journal and Messenger :
J send you a few lines, giving you some
account of the prospects of the crops in
tliis section. Crops are greatly damaged
from tiie present draught. We have not
had a good rain in three weeks, und corn
is just now earing, and is being injured
worse now than it has been this year. I
am sure earn is damaged one-third, even
now, and no rain as yet.
But a small crop of cotton is planted in
this county ; but the weed is looking iiue,
and bids fair for a good yield. Farms are
generally as clean as gardens, and all wait
ing with patience for tiie refreshing rains,
which we hope will visit us soon.
Yours, <k<\, W. T. Wells.
P. 8. —The country is very healthy, con
sidering the drought and heat.
W. T. W.
CHOI'S l\ MOIILtN COUNTY.
We are permitted to make use of the
subjoined private letter to Mr. J. W. Fear-,
of this city :
“ Crop prospects are very discouraging.
Indeed, we have had fine rains lately, Gut
too late to be of much benefit to our early
corn and cotton. Cotton blooming out
within six inches of tiie ground. I mean
it is only, on air average, about six inches
high. Many farmers will not make bread.
It has been fujht long weeks since we bad
any rain, until within a lew days past.”
(‘oßi*ervalivf Meeting ii* Houston.
Perry, Ga., July 15th, 1868.
According to previous appointment a
number of citizens of Houston county as
sembled iu the Court-house to-day.
On motion, Col. Win. M. Davis was
called to the Chair, and T W. M. Cox was
appointed .Secretary. Gen. Eli Warren,
by request of the Chair, explained the ob
ject of the meeting, viz.: To ratify tiie
platform and nomination of tiie New
York Democratic Convention, and to
appoint delegates to tiie State Democratic
Convention to be held in Atlanta on the
23d inst.
On motion, tiie platform of the National
Democratic Convention was read by Col.
S. D. Killeu.
Gen. Eli Warren introduced the follow
ing resolutions, which after some discus
sion were unanimously adopted :
Resolved, That we heartily approve of
the platform adopted by ibe late New
York Democratic Convention, aud that
forgetting ail pa*t differences of opinion,
we will give a cheerful and ardent support
to Seymour and Blair, the distinguished
nominees of tiiat Convention, for Presi
dent and Vice President of tiie United
States, as tiie »ure*t and best means of up
holding, maintaining aud rendering per
petual the‘‘Union, tiie Constitution and
the Laws,” against a lawless military
despotism now existing amongst us, anil
which, if not removed by the people in
tiie approaching Presidential election will,
in the opinion of this meeting, set aside
and destroy the Constitution of our fathers,
and al! guarantees for tiie security of the
lives, liberties aud property of our peo
ple, and all civil constitutional govern
ment in this country.
Resolved, That we send del* gates to the
Democratic Convention to be held at At
lanta on tiie 2.‘>i instant, and that the
Chairman appoint a Committee of Five to
report to this meeting the names of suita
ble delegates to represent tliis county in
the Atlanta Convention.
The Chair appointed Gen. Eli Warren,
Madison Marshall, Dr. R. C. Bryan, Dr.
A. W. I’urifov and John 8. Taylor, who
reported tiie foliowiug-named gentlemen
as delegates :
C’ol Win J Anderson, C C Duncan, H It
Felder, J W Mathews, General C D An
derson, Dr T C Edge worth, Sterling Neil,
Dr W A Mathews, Col Samuel Hall, S B
Brown, Jr, John B Troutman, Thomas D
King, Dr R C Bryan, Geo S 1 lari am. Jr,
G M T Reagan, Madison Marshall, Isaac
Holmes, II W Brown, W P Simmons, D
F Gunn, \V H Calhoun, Jacob N Goff, Dr
A w Purifoy, Col Wm M Davis, T W M
Cox, Hugh E Deuuard. Col S D Killen,
Dr M W Havis, Sterling Sanford, W F
Postell, Josiah Hodges, David M Brown,
J W Wimberly, John H Kendrick, D W
Taylor, Joseph Tooke, F W Bivins, Dr C
H Richardson, Wm W Wagnon, Judge C
N Rountree, 8 P Salter, Jas R Rice, J W
Woolfolk, Andrew 8 Giles.
On 1 motion, the proceedings of this
meeting were ordered to be printed in tiie
Journal and M esse no est and Macon
Telegraph.
The meeting then adjourned.
War. M. Da vis, Chairman.
T. W. M. Cox, Secretary.
DEMOCRATIC MEETING IN TWIG lit,.
At a meeting of the citizens of Twiggs
county, held in Jeffersonville in compli
ance to the call of tiie “Central Executive
Committee of the Nation. 1 Democratic
Party of Georgia,” to appoint delegates to
represent the county in the Atlanta Dem
ocratic Con vention, which is to assemble
on the 23d inst., Judge Levi Gallemore
was unanimously placed in the chair, aud
H. C. Ward requested to act as Secretary.
After the object of the meeting was ex
plained by the President, and .the house
well entertained by several able addresses
suiting the occasion, the body proceeded
to the appointment of the following
named gentlemen delegates from this
county, viz: I. E. Dupree, A. McCallum,
D. G. Hughes, Jno. A. Nelson, H. M.
Loyless, S. J. Bond, Jas. E. Crosland,
Thomas Chi vers, Jas. H. Ward, G. W
Faulk, J. I) Fowler, Jno. 11. Denson, H.
T. Smith, Lewis Solomon, Cinteon Tharp,
A. E. Nash, Jas. Hammock, T. W. Bur
kett, H. 8. Wimberly, F. D. Wimberly,
Br., R. It. Slappy, Win. Tarver, Jno. T.
Glover, E. A. Wimberly, Geo. Glover, and
Willis Epps.
The following resolutions were offered
and unanimously adopted:
Ist. That as there is no longer any local
question to divide the people of Georgia,
we cordially invite all men, irrespective of
past political divisions, to join witli us in
the election of a President who will give
peace aud quietude to our troubled couu
try—a man who, in the language of a great
statesman, knows no North, no South, no
East, no West, but will give justice to all
sections.
2nd. That, having all confidence in tlie
ability, and knowing that he will make
every effort for tiie advancement of the
cause, we recommend Dr. I. E. Dupree as
a suitable elector for this Congressional
District, and instruct our delegates to urge
liis name for tiie position.
3d. That to d.iy’s proceedings lie pub
lished in the Macon Journal and Mess
enger, and that the other Democratic pa
pers be requested to copy.
H. C. Ward, Bec’y.
To Raise Watermelons Without
Seed.— Ttie following plan has been suc
cessfully adopted by a planter iu Caddo
Parish, La: After the vine is about two
feet long, cover the vine at a point
intermediate between tiie root. Af
ter it has taken root where it is covered,
divide the vine between the old and new'
root, and tiie result will be that the mel
ons will be seedless, without impairin
their quality.