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% —I ■ ■ I I ■■ 1 . I—. l.. 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