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MILLEDGEVILLE, Nov. 21.
HIGH COURT OF IMPEACHMENT.
The Evidence in the case •/
’The State of Georgia,
vs.
Echols, Simms X Flournoy .
On the pari of the Slate.
Gen. John Scott , Sworn.
Simms and Echols purchas
ed of witness, a house and lot
and fomc furniture, for which
they gave him 2900 dols; They
paid witness for 11 hv giving him
a Governor’s warrant for 500
dols a 1000 dols in cash, and a
fquaretrad of land, to be valu*
ed, the balance due being 1166
i- 3 dols ; Echols fliewed witness
a large bundle of notes to the
amount of between 7 and 3000
dols which he (aid be made fair
ly.
Abner M*Gehee, Sworn.
He was at the sale of frac
tions, having heard that a very
valuable fraction had been once
fold, and that it was to be re.
fold again ; Witness requested
Gen. Scott to go down to where
they were felling ; just before
he got there he heard them cry.
ing a fraction at 1760 dols and
about to be fliuck off, he, be
fore he got to the place, bid
100 dols more, and himfeifand
Gen. Scott, bid on till it got to
2300 dols; When witnels ol>-
fcrving Echols from hi* coun*
tenance and behaviour to be
very much agitated, and who
was in the room where they
were crying the frattions, he
beconed to witness to come
round into the room where Re
was ; witness did so ; and Ech
ols then asked witnels if it was a
matter of great importance with
him to buy that fradion, that
a friend of his wanted it and had
wiflied him Echols to buy it,
and give 2200 dols and that he
had then exceeded his price ; I
Ec.hofs alio asked if witness wish.
ed to fettle the land, witness re
plied it was nothing to him ;
witness fays the fraction was
cried by Flournoy who did it
fairly and he saw no improprie
ty in his condubl, and nothing
againlt Simms, but that he law
him frequently out among the
croud in private converfanon ;
he knows none of the persons
with whom he was talking.
Charles Gachett, Sworn.
Sometime in February wit
nefs went to purchase a fraction
No 207 9'b Baldwin, that after
bidding it was knocked ott, to
some one else ; he walked into
the room to fee who had bought
it, and looking at the entries on
the book, he law that one Tay
lor and Stone had put chafed it ;
Echols was in the room, & wit
ness being a little vexed made
some oblervation Sc Echols then
introduced witness to lay lor
and Stone, vvho were then in the
room ; had some little convei
fation with Taylor and Stone,
does not recoiled what ; wit
ness then left the toom and Ech
ols followed him to the door,
told witness he was lorry he had
not got the fradion, that oik
hundred dollars was no objed,
that for that lum he w’ould fix
the bu fine Is, ami procure the
fradion for hitn > witnels laid
he would do no such thing ;
they had better give him too
dols to take the bargain oH
their hands ? then left Echols ;
returned in the afternoon, asked
Echols if Taylor and .Stone
were uifpofcd to let him have
that lau i ; lie laid no; but he
icckoned 50 dols would get it;
wundv icplied he had no mo
neylu* spare, but that there was
gV lis -Cl 01 ih more than 50
dols, 'kv might have that for
their bargain ; Echols then took
the wjtcn, and told witnels to
N "V
• Dome to hi* office, in about one
hour ; witness went; and Flour,
noy fliewed him the book, where
his name was inserted above
Taylor and Stone's and their
names plainly rubbed out ; the
land was granted to witness ;
it fold for tooo dols ? Wit*
ricffe’s watch was worth about
60 dols.
Cross Examined.
Witness got several fradions
at the firft fairs of firft purchase,
they were granted to him, tho’
he was not at the fates ; Mr.
Simms was not present ; 1000
dols was the price of the land.
Abraham Borland Sworn.
When the fractions were
felling in the Bth diftrid, Bald
win, witness went to purchase
thele fradion*, No 421, and
422 —Echols took witness one
fide, and asked him if he was go
ing to bid for fradions that day P
Witness anfwcrcd he was—he
then observed to witness, that
his father had drawn a fquaie
in the fwarnp, that he wiflied to
conned two fradions wiih it—
he would shew witnels the num
bers, if he would not bid againlt
him—he fliewed witness the
numbers, and they were 421
and 422 ; Echols bought them,
and then offered them to wit
nels for 50 dollars, who would
not give—he then agreed with
one Cofly to let him have them
at that price—did not lee the
money paid down for them;
knows nothing againlt Simms
or Flournoy.
Cross E xamined.
Witnels fays, he bid foi
them once or twice.
On thepartofthe Prosecuted.
Friday, Nov. 25th, 1808.
Jeremiah Thrower Sworn.
He was present at the fradion
Tales, when one William Free
man bid oil fradion No. 247
in the 10th Baldwin, at 202 dols.
Mr. Pounds, one of the bidders,
was drunk ; he can’t fay whe
ther Hall and Kendrick were or
not.
Cross Examined.
He can’t recoiled the day of
the week, or the day of the
month j he is positive it was hid
off at 202 dollars, bccaufe he
recoiled* remarking how high
Inch a poor fradion went ; he
had not drank one drop of spirits
that day ; the bidders for jd ML
billion, were Pounds
Freeman.
Through the Court.
He rather thinks, the day
after the sale of the fradion,
was Sunday ; he did not hear
this difference of opinion be
tween himfelf and others, as to
what the fradion alluded to was
knocked off at, from Echols ;
Echols brought the Subpoenas
to witnels—witnefs does not
believe Echols knew he was at
the lales.
Noah Biafs S worn.
He came down one Saturday
to buy a fiadion, No 247, in
lOth Baldwin, as it •joined
him ; as well as he can recoi
led, he thinks that William
Freeman bought it, and it was
knocked off to him at 202 dols ,
50 cents, his reason for think
ing so is, he told a Mr. Bryan
of it diredly after it was fold,
who has lince told witness that, (
that was what he told him, Biy- 1
an ; he is lure fradion did not
exceed 203 dollars, lie did
think from Mr. Pounds bidding
so high, lor so poor a fradion,
that he was in liquor.
Cross Examined.
It was fold on a Saturday,!
there were other bids bolides
Freeman’s. Echols came to
witnefs’ house, and asked him
if a Mr. Hill had not a fiattion
in that neighborhood ? Witness
laid he had—Echols asked if he
knew what he give f or it ? lie
answered he believed about 69
dollars. Echols then allied if
witness knew what it fold tor at
the firft sale ? Witness answered
20a i*e dollars #
*. Note. The foregoing two
wilnejfes were jworn on tuc fa r t
of the refpodents, on account oj
their necejfity to go home.
Evidence on the purl of the fate.
M ernman Pounds , Sworn.
He fays he came down with
others to the Tales ?• he had no
business at them, but he thought
he could loon get into business
—he had been jerked out of his
fraftion, at the fir It fraQion
Tales of all; and he thought he
would come down and give the
I oys a brush for it. When frac
tion No. 247 in 10th Baldwin,
was set up, he said he thought
he would lake a for it,
although it was of no use to
him and indeed he would not
give his jack knife for it , how
ever, he and Echols hitched
to it, and brushed it along pretty
pertly, till witness got a little
jubous , and when he had bid up
as high as 255 dollars, he tho’t
he would quit it, when Billy
Freeman, right from Savannah,
came along, and bid one dollar
more, which made *56, and
that bid swept it ; he fays he
turned round and said to Free
man I always thought, Billy
Freeman, you were a damned
fool, but now I know it ; I
have always found you upon
poor land, and there’s where I
mean to leave > ou.
C ross Examined.
He fays, I hiower and Biafs
like to di ink mightely when it is
given to them ; but as to him
lelf, he is a man that buys his
liquor, he got a little lively after
the lale was over, but recolle&s
the circumltances he has above
related; he fays Hugh Hall
brought the Subpoena to wit
ness ; he does not know whe
ther Kendrick bought frafctions
No 248 and 249 or not. He
dqes not rccoliett feeing Simm»
at all—but he believes he law
Echols and Flournoy.
Robert John/on, (worn
Was a purchaler of bactions
in 28th Wilkinson, would tecol
iefcf commissioners original book
of entries (a book shewn) does
is the book (ano.
therjdoes not think the id one
the book—he saw no improper
conduct in the commifrioners.
Joel Zangham S wo7n.
He wanted to purchase the
two firft ftadions in the nth
diftritt of Baldwin, and had a
convcrfation with Echols ie r
Ipetling the putchafe of them—
neither Simms or Flournoy
4
were present. For No 199
Echols wanted him to give fc
ven hundred doliais— he refuf
ed to give more than five hun
dred ; whiift it was felting Ech
ols came to him, and talked
with him until the was
knocked oft to Major Aber
ciontbie for a less sum than
live hundred dollars. Flonr
ttov and himfelf being in a room
togethet, Flournoy gave him
the plats of the fractions to look
at and left the room and Ech
ols immediately came in, and
the conversation refpefting the
purchase commenced.
Abner Bankjlon Sworn.
He entered into a contract
w ith Echols for the purchase of
a certain fraction at the mouth
of Heard’s crcck, in the 18111
(lillnCt, now owned by Cargle.
Witness was to have given two
thousand dollars —when the sale
of that fiattion commenced, (on
the id dav) Echols told hun that
they mult be oft the bargain, for
a great deal of nolle had gone
abioud. The firft time it fold
for four thousand and eleven
dollars ; and the second day
lor about twenty.five hundred
dollars. He had with the priv
ily of Mr. Echols employed
a Mr. Perkins as a sham bidder
to purchale it ; the second day
it was cried bv Sunnis, and
purchafcd by Flournoy. Had
no conversation with Simms
or Flournoy rejecting it, nor
were either of them prclent at
the conversation between him
and Echols.
Gross Examined.
Perkins came to MiHcdge
ville with him. Echols told wit
ness to get Perkins to hid it olf,
and witnels lent Perkins mo
ney to pay his cxpences, and
he hcaid Echols tell Pei kins
to bid oft that frattion at all
events.
George W. Moore , Sworn.
Witnels had no conversation
with Simms or Flournoy —had
a conversation with Echois
some time before the lales were
completed, wherein Echols ob
served he was to give Simms
and Flournoy two thousand
dollars each. Witnels replied
he would be a fofer; to
which Echols answered that he
would make eighteen or twen
ty thousand dollars. Witness
purchafcd three fiaftions in
the sixth diftritt, for the pay
ment of which he had complied
with the law—he thinksthe coin,
miftioners favoured some of the
purchasers. A fraQion was fold
and bought by an agent, as he
understood,! Major M’Ken
zic ; Simms was not prelent—
witnefs had a conversation with
Echols, whether ii would not be
better to fell (hat fraction next
day—it was so agreed—but that
evening M’Kenxie took it and
gave bond for the purchase
money. Witness told the com
iniftioneis that he wanted to
purchase some fractions, and he
and they understood each other,
from h ; s having before told
them he wanted to putchafe—
witnefs received some money,
or a note, therefor, from Mr.
M’Kenzie for one hundred and
twenty-five dollars. Witness
not receive any money notes
or other property, from either
of the corntDilljoners for not
bidding againlt them. There
was no undemanding between
him and the com miftioners that
1 e was not to bid against them,
Cross Examined.
Does not know, of his own
knowledge, that any bye bidders
was employed by the commif
fioncrs, but was imprefled, from
hints he received from Echols
and other persons present at the
Tales, that bye-bidders ware em
ployed—and that those bye
biddeis wete not men of rtfpon
fibility as he understood.
William Handle ,
(on the part of tfie State) Sworn.
He applied to Mr. Fchols to bid
for a fraction No 3»t, in !5 Bald
win, and told him he would give
hvc hundred dols for it, Jet him
purchase it as low as he would—
Echols bid five hundred dols for it,
and it was knocked oft to Simms
for five hundred and one dols.
He wanted it, and give Sunnis one
hundred dols for his bargain, and
give his note for that some to Ech
ols and Simms, or Simms and Ech
ols jointly, and has since paid it to
fchols who called on him for pay
ment of it.
William Shaw, Sworn.
‘He was present at the sales of the
fractions in the 17th district of
Baldwin and wished to purchase
the seven Island fraction, but did
not get it—But the fraction below
it viz. No 157 was to be resold—
He told Echols lie would give as
far as two thousand dols for it. It
was knocked oft to Echols for four
teen hundred and two dols, tor
which sutu fie (witness) gave his
bond to the state and for the bal.
ance of two thousand dols (say five
hundred atul ninety eiglu) he gave
his note to Echols and Simms
seperateiy payable in four instal
ments, Echols said the spoils were
to be equally divided between hint
and Stuira*. Simms cried the fra r -.
tion. Think* Flournoy was not
present. While he remained
ihe sale him and James Taylor of
Green county empowered EchoU
to buV five fractions in tlie
district* and to give as far as twen
ty five hundred doU, let him p ur .
chase it for what he would, and
authorised him to sign bonds tor
them—Afterwards him and Taylor
gave their notes to Echols for nine
hundied and nine dots being the
difference between twentv live
hundred dois and the amount that
was to be paid the start-. Tlie
fractions have been granted to
James Taylor, as he understood
from Taylor’s lettyr. The first
day that (ruction No. I*7, was sold,
he had authorised Echols to give
twenty five hundred dols but'on
the day it was resold, lie limited
to two thousand. He never signed
the bonds to tlie state, but authori
sed Echols to sign his name to
them.
C roji 'Examined.
Thinks there was time enough
given in crying fraction No. 157.
Does not think that “Simms wa*
present, when he executed ibe
notes to Echols and Simms. He
does not think Simms was present
at the time Echols said tlrey were
to divide tlie spoils but rather think*
he was not.
Darius Chatham , S morn.
On part of the respondents.
Witness attended on Satur
day, when a fraction, No 247,
in the toth o( Baldwin, was fold
lor 202 50-100, or 203, it was
pur chafed by Wm. Freeman.
Cross Examined.
Recollefts to have seen Hall,
I Kendrick and Pounds there—
believes they were lober, except
Pounds, whom he thought was
a little difguiled—knows not
of any improper condutt on
the part of the cominiffioners.
Nathan Melvin sworn.
fie wanted a fraction in the 9th
district of Baldwin No 344, and
having understood that the com
missioners were in the habit of
bidding for people he went into
the room and told Echols that if ha
would bid off the fraction at eight
hundred dollars he would give him
one hundred dols in cash—Echol*
said the only way he (witness
could get it, was to be the las
bidder, and refused to lake th<
money and bid for him. During
the two days he staid at the sales,
lie did not see any thing improper
in theconduct ofthe commissioners,
altho’ he noticed them particularly.
Cross Examined.
The fraction was hid oil the first
day bv Caleb Touchstone, & resold
tlie next day. The first time it sold
(or fourteen hundred and sixty
seven dollars, and the second for
fourteen hunured and seventy five
dollars.
Noah Doddridge , sworn.
He was present when the Kich
hill fraction was sold. It sold
for eleven hundred and eleven dola
and was purchased by Mr. Terrel.
Was frequently at the sale and did ■
not see any thing improper in the
conduct ofthe commissioners.
Col. Joseph Carter, sworn.
He was present when the frac
tion adjoining fraction No 15§
was bid off by Joel Wise—and he
thinks Wise, and the security he
ottered, were incompetent to pay 1
the purchase money, it was resold
the next day.
James Bozeman t swnrn m
He says three accounts now
shewn te him are copies of accounts
left in the Executive office, by the
commissioners (KchoU, Simms and
Flournoy) about the thir teeuth of
April last.
Cm* Examined.
The Governor told lum that he
thought that one item in the com
missioners account, particularly
that of 50 days, for posting their
books was unreasonble -He at
tended the sales only two or three
times; once he attended with an
intention of purchasing. Since
the sales in a conversation with
Simms, Simms enquired if he
thought the commissioners would
be tried jointly or separately; if
they were to be tried separately,
lie (Simms) had no fears, but if
they were tried joioily he believed
enough could be proved against
Echols to convict the whole of them