Georgia Historic Newspapers

    OIJ) SERIES, VOL. LXXVIIL
Chronicle & Sentinel.
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WRDMJDAY MOf.VIVn, FKKUIAKi 8.
Holden I’ere lloliU-n Fils.
The select Senate committee to investi
gate the condition of affaiis at '.he South,
at.th ir meeting today, examined Col.
Holden, son of Governor Holden, of North
Carolina. His statement, though of a
general character, conv need a majority of
the committee that there exists in the
State of North Carolina a secret political
society which has for its object the de
struction of the live" and property of
Union nier. Col. Holder detailed a
: cries of outrages which had come under
hi own observation, and presenttd a
large number of facts all going to show
that the ex rebels have obtained the upper
band of affairs in the South. —Forney s
Dress.
To show the unblushing falsehood of
Col. Holden's statement to the Senate
c remittee, it is only necessary to call to
the stand Col. Holden’s father, the pres- j
eot Governor of North Carolina. On the
221 cf November last, long after the ;
occurrence of the pretended outrages in I
that State, which the Morton smelling
committee are pretending to investigate-
Gov. Holden sent his official message to
the Legislature, then recently elected, in |
which he says:
'1 he pecrct organization which disturbed
the peace of society, which was sapping
the foundations of the Government, set
ting the law at defiance, and inflicting
manifold wrongs on,a largo portion of our
people, has been exposed and broken up.
Well-meaning, honest men, who had been
decoyed into this organization, have
availed themselves of the opportunity to
escape from it, and will henceforth tear
their testimony against it as wholly evil in
its principles and its modes of operation. 1
A score or more of wicked men ha.e been j
driven from the State, while those of the
same character who remain have been
made to tremble before the avenging band
ol power- The imjcsiy of the law has
been vii ibcatcd. The poor and the hum
ble now tleep unmolested in their houses,
arid are no longt-r scourged or murdered
on account of their political opinions.
I’eaee and order have been restored to all
parts of the State, with the exception of
the county of Robeson, in which some
murderers and robbers arc still at large,
but i* is expected they will speedily bo
arresUd and brought to punishment. In
view ol tins altered ,-,nd gratifying eon
ditiori of 'ldriv , I isetn and another proclama
tion on the lit h of this month, revoking
former proclamations, which had placed
Alamance and Caswell in a stato of ir,
surrection.
Here the matter might well be left—
Holden pore and Holden fils cannot both
be right. 11 olden pore says, “peace and
order have been restored to all parts of
the State” —Heldon fils exclaims, “the
lives and property of Union men aro not
Hale.’’ If lien pere assorts that “the
poor and the humble now sleep unmoles
ted in their houses, and are no longer
sourgod or murdered on account, of their
political opinions.” Iloldcn fils swears
that the cx-Rcbels Lave obtained the up
per hand, and arc daily guilty of shock
ing and brutal outrages. Holden pere
speaks free from bias or fear or the pres
sure of smelling committees —his declara
tions made against himself and his party
arc to bo accepted as strictly (rue. Hol
den ti's speaks in the spirit of revenge at
a time when Ku-Klux outrages are
needed to bolster up'the decaying fortunes
of North Carolina Radicalism.
Rut the testimony of officers of the
army on duty in Nortli Carolina, given to
the Secretary of War in answer to in
quiries propounded to them in regard to
the condition of affairs in the State, sup
ports the official statements of Holden
made in his mes. ago to the Legislature.
Tliose offioi is arc certainly free from bias
in favor cf tho people of North Carolina.
Officers of the Federal Government, they
are disposed to boas favorable to the
views of that government as tho facts and
their character as gentlemen will permit,
riicyknew that, tho Washington Govern
ment desired “heavy outrage reports,” and
they would have given them if possible.
Terr statements, then, are to bo regarded
ns the evid nee of witnesses called against
the State- And what do they say ?
Ma jor J. Stewart writes from headquar
ters, Fort Maoon, North Carolina, Decem
ber 28, 1870:
Since I have been in command, this j
portion ot the State has beer, very quiet |
ami undisturbed, nor can I loam that there
are ary ovganizrtions of the kind referred
to in this vicinity.
(' iptain Kvan Thomas, at “headquar-
HUMters, I'ost of Lumberton, N. C., Dc
c.-mbei3o, 1870, says:
The cause of the trouble in this county
is in no way political. A band of outlaws,
six in number, have beet? for the period of
lour years hiding in the numerous swamps
that traverse this country in every diieo
tion, and robbing and murdering the citi
zen They have committed, since the
spring ot 1888, four murders in this county,
and about as mary more in the adjacent
counties. * * They are mulattoes, and
have almost as many friends as enemies.
They have friends partly from fear of
nhotu, and friends who arc suspected of
hoi pins them in their acts.
Captain Frank G. Smith, dated “Head
quarters, Post of iUleigh, N. C., Decem
ber 30, 1870,” reports:
l have the honor respectfully to state
that, except through the newspaper press,
ou-mion rumor, and published etSeial
doeuu.. nts emanating from the civil au
thorities, nothing pertinent to the subject
of inquiry has come to my knowledge.
Captain John M. uLmhall, from “Head
uuirters, Post Fort Johnson. N. C., Do*
eem'ier B', 1870,” writes:
1 iv, the honor to report (hat there is
no orga’i*'‘d body of disloyal or evil-db
yosod mt'O in this immediate section ot
the t'tato. In this county (Brunswick)
n.d New Hanover (in which is the town
of WiimiugtOiO, the people, so far as I
know or can learn, are good, peaceable,
law abiding citizens.
Major George B. Rodney, writing from
Yauceyville, July 30, 1870, says:
Colonel Kirk, who is in command of the
militia, appears to fear an attack, and has
made great preparations for defense by
barricading the court house, doubling bis
.■Hal'd, and posting a strong force of pick
ets; and his whole cause for alarm is some
foolish report given by negroes. * * *
Ou Wedne-diy. when a man named
Williamson tried to serve some writs on
Kirk, the long roll was sounded, and all
citizens ordered to leave the public square
neder penalty of being fired into; I thiuk
there were bxacilv four men presout. I
do not hesitate t assure you that there is
no fear ol any disturbance between the
citizens and military unless Kirk provokes
them to it, and i seems to me he has been
endeavoring to do so ever since he has
been here.
1 have fears of an outbreak. Col. Kirk
is either endeavoring to create a distur
bance between the people, or my men and
his own troops, in order to justify his re
cent conduct, llis men roam round the
country, and pillage and insult the people
with impunity, and some threaten to at
tack my men.
Captain Frank (!. Smith, under date of !
Augusts, 1870, writing from Boffin,says; j
I have the hbnor to report, for the infer- J
ovation of the post commander, that since
my arrival here on the 29th ultimo, when
1 found an exciting political contest going
on among the citizens of the vicinity,
which was prosecuted with vigor by botn
parties until election day, the 4th instant,
not a single case of riot or disturbance has
been brought to my notice up to tins time.
1 am informed by all persons with whom
1 have conversed on the subject, that uo
political campaign here has ever been con
ducted with more order than that so re
cently concluded. The disposition to as
sist and submit to the civil authorities
seems geueral.
BKAKb vs. CORKER.
CONTESTED ELECTION IN THE
FIFTH DISTRICT.
PROCEEDINGS BEFORE THE U. S.
COMMISSIONER.
A few days since the CHRONICLE &
Sentinel published the notice of a con
test served upbn Cipt. Corker by Thomas
P. Beard, who claims the former’s scat in
the Forty-torsi Congress, aud on Saturday
morning a dispatch stating that the taking
ol ihe testimony woul 1 commence before
Thomas Robinson —the United States
! Commissioner—in this e.ty, on the 30th
instant.
On Monday morning, at ten o’clock,
j the parties interested assemb’ed in the
j Cimmissioner’s office, on the corner of
| Greene and Jackson streets (Georgia Re
publican building.) Only a few of
, the col red brethren were preoCDt—six or
eight, perhaps. The Commissioner pre
sided and several clerks were present to
take down the statement of the witnesses.
Col. J. E. Bryant appeared as the rep
resentative ol Beard. He stated that
] while he believed many of the leading
Democrats in the District had favored a
fair election, he also believed that all
j through the District there was a class of
men who worked in tho interest of the
! Democratic party, and who had perpe-
I trated all kinds of outrages upon the lle
l publicans, either to influence their votes
I or to prevent them from voting altogether.
While he appeared as Beard’s attorney,
j be also appeared as a Republican, and as
a man in favor of a fair election.
I Colonel Claiborne Snead and Captain
Roswell King appeared as the representa
| tives of Capt. Corker- The former stated
that he had every reason to believe that
the election recently held was as fair as
any election had ever been, aud this could
be easily proven.
The following resolution, under which
the investigation was held, was read :
Congress of the United Staten,
In the House of Representatives.
January 24th, 1871.
On motion of Mr. McCray, from the
! Oommtnitt.ee of Elections,
Resolved, That Stephen A Corker, con
testee in the contested election case from
the Fifth District, of Georgia, shall, on the
25th instant, deliver to Thomas P. Beard,
contestant, his answer to the notice of
contest served upon him by said contest
ant ; that the taking of testimony shall be
commenced on tho 30th instant, and shall
be concluded on the 18th February, 1871 ;
that contestant shall take testimony dur
ing tho first eight, days of said time, and
the ooiitest.ee during the succeeding eight
days, and the contestant (in rebuttal only)
during the remaining two days —Sundays
excepted. Testimony may bo taken be
fore any United States Commissioner in
said district. In all other respects the
said testimony shall bo taken and the
contest conducted in accordance with the
statuto in such cases provided. This reso
lution is adopted in pursuance of au agree
ment between the parties to the said con
test.
Attest. E. McPherson,
Clerk.
The taking of the testimony in the case
then commenced as follows :
Testimony in case of Contested Election
between Thomas D. Heard .and R. A.
Corker, before Commissioner Robinson -
Henry ICeoting, of Hancock, sworn and
testified—That his name was Henry Keet
ing; had resided in Hancock county; that
he was in Columbia county attending to
his business; that he happened at Thom
son, where there was to he speaking, and
where Mr. Fannin and Mr. Weaver were
to speak ; went to Mr. Jones’ house and
found no one there hut Mr. Weaver;
speaking was to tie in the interest of the
Republican party; found Air Weaver in
Mr. Jones’ house; then came in six white
men and inquired of Mr. Weaver if he
came up there to make a Radical speech;
lie stated that his business there was to
establish a church; they told him then
that he come up there to make a political
speech and he denied it; they urged him
to make a speech, and he refused sayiDg
he would preach a sermon, but that
|ho was no politician; they urged him
I very hard, aud said he must make a
I speech; he refused and they finally
i left him; one of them then turned to
j me and asked me if I was connected
i with his speaking there that day, and I
j said I was not but had merely happened in
there; those went out, nheu three others
I came in and asked Weaver to make a
j speoch, exatuining.him very closely; that
j party left and then two more cam , in ;
j they also examined him very closely and
! tried to get him (Mr. Weaver) to speak ;
j after they had gone three came, one of
! them having a largo horsewhip and th%
j other drawing out a large revolver ; the
ono with the horsewhip called Mr. Weaver
| aside and had a long private conversation
with him ; tho one with the revolver stood
| one side and remaiked that that mgger
(Mr. Weaver) had got to leave and if any
sne else did not force him off that he would:
then he asked me what I was doing, and I
told him that I was merely in there out of
the snow storm; I told him that I
had been trying to purchase poultry,
and he said that was a very good tale
but it was all a damued lie; Weaver said
be intended to leave as soon as the pas
senger train came down ; he said he should
leave imtuodia ely, and should go on the
wood train which was standing out there
at the depot; Weaver then started out
and they right behind him (that is the
three men before mentioned), aid just at
this I heard the whistle blow of the pas
senger train and the passenger train came
down and they put. him aboard ; as they
went out the lront door I went out the
back and got up between two freight
boxes, being afraid of them after what
they had said; Weaver took down the
names ol the * eraons, as rnauy as he could
get of them, as they came in and went
out ; ho only saw one pistol in the crowd ;
one of them sat down and said noth
ing and one had a whin; they said
as much as if Mr. Weaver had
come there to preach that he would
be protected, but if he came there
to make a Radical speech he w uld
! suffer—saying that “We will not
have any of these damn’d Radical speakers
around;” this was the substance of what
; each crowd said that came there ; they ali
used about the same argument; I got away
bv going on the same train as he (Mr.
Weaver) did; got up between two
freight ears, and rode down in that way,
| ueuig arraiu to go ou aue passenger cars;
[ stood up between the two boxes where
they were coupled ; it was snowing at the
time; 1 got into the passenger ear at Dear
ing ; I talked with Mr. Weaver; Mr.
: Weaver said that he thought I was left
j behiud : I don’t know what Mr. Weaver’s
i intention was in g. ing there except that
l saw his name in the bills advertised as
one of the speakers for a Republican
meeting at Thomson ; Mr. Weaver did not
state the reason why he left; my impres
sion was that he left for the same reason
j?b I did —to save his life ; I tbi k
that if Mr. Weaver had spoken there
ho would have been in danger of being
killed or maltreated in some way; in fact,
it he had even said he was a Radical that
he would have been io danger; Janesiwas
a colored preacher there ; I had fio talk
with any person that day there, at Thom
son, except Mr. Jones himself; I talked
with Mr. Jones that day about the meet
ing; Jones said he knew nothing about
there being a meeting there that day, as
he had been away from home ; (I talked
sometime with a number of men, sorne
! where near Goodrich's Mills, about the
! election, also with quite a number of the
colored ueople, acd they said that they
knew nothiDg shout where the election
was to be held, or wliCs> or what it was
about).
[The question bringing out this un<,wer
was withdrawn].
Witness believes that the colored people
of Columbia intended to vote the Repub
lican ticket; has do doubt that this was
so; they asked me who were going to be the i
Republican or Democratic candidates ; out
at Judge Starns’ place or at Goodrich’s
mills, I believe they intended to vote the
Republican ticket; they asked me who
wore the Republican candidates; I have
no doubt that they intended to vote the
Republican ticket ; I judge to from the
j conversation I had with them and what
they said to me ; I do believe that they
would have offered violence to Sir. Weaver
! at Jones' place if he had attempted to
make a Republican speech; the time of
difficulty’s occurring waa the Friday, loth
December, before the election.
I Cross-examined—l went up to Columbia
county on Tuesday before the election,
10th December, and stayed four days; I
was at Judge Stearns’ place one day bc-
fore that; these were tfce only places I
was at before the election; I only spoke
to one colored man at Thomson ; I spoke
| to about fifteen or twenty colored men in
j the vicinity of Goodrich’s mill; the? 1
were the only places in the vicinity that I
went to ; there were at least forty men at
Judge Stearns’ that day; I suppose I spoke
to them all; no one of them told me that
they intended to vote the Republican
ticket; they all voted the Republican
ticket; I cannot tell the name of a single
man that threatened Weaver; had’nt seen
one of them before or since; I don’t know
whether there are two wings of the Re
publican party in Columbia county ; I do
know that there are generally these two
wings of the party; white men belong to
either wing of the party.
Redirect—l believe that they intended
to vote the Republican ticket at Judge
Stearns' because the Republican candidate
was nominated without a dissenting voice;
they all were present participating in the
nomination; I heard nothing of a division
in the Republican party in Columbia coun
ty ; lain not acquainted with any person
white or colored in Thomson county ex
cept Mr. Jones.
Re-cross—Such a division in the Re
publican party might have existed in Co
lumbia county without my knowledge;
printed notices were put up of the meeting
at Thomson previously.
Robert Lee examined.—My name is
Robert R. Lee; I lived at and prior to the
election of Congressmen in Columbia coun
ty, near Mr- Dozier’s, on Mr. Doyle’s
plantation, within four miles of Stearns’
plantation : 1 was a Republican candidate
for tho Logiolatuie iu that couniy , talked
much with the colored people in my
neighborhood immediately before the elec
tion ; they all that I talked with intended
voting the Republican ticket ; I was at
Appling, the couDty seat, on the first day
of the election ; I think there was a little
over three .hundred Republicans went
from my neighborhood to Appling to vote
on the first day of the election ; the votirg
place for the candidates for Congress at the
last election of Columbia county was at
the county seat at Appling; 1 reached
Appling at about nine o’clock id the morn
ing on the first day of the election ; there
was difficulty around the polls on the first
day ol the election ; there were sev
eral white men struck colored men;
they struck them while disputing about
voting ; there was a white man struck a
colored man with a pistol because he want
od him to vote the Democratic ticket, and
he would not do it; struck him over the
head ; cat his head badly, and made the
blood run dowa the side of his head on his
shoulder ; this difficulty was general
through the crowd ; nearly all the white
men present at the polls were engaged in
pursuadiug tho colored men to vote the
Democratic ticket, and preventing theta
from voting the Republican ; there were j
other personal difficulties during the day
besides those I have memtioned; the
cause of these difficulties was that the
white men endeavored to pursuade the
colored men to vote the Democratic ticket,
and some of the colored men said they
would not doit, but would die first ; but a
good many wore persuaded by the white
men to vote the Democratic ticket ; some
of them wore begged to vote by the white
men pleading that they were all brought
up together, and that they had all
tho land, and in that way they
were persuaded; about fifty of them
were persuaded in this way ; others
were persuaded to do it by threats’;
the white saying that ifthey did’ut do it
they would lie marked men, and cryiug
out to their frtends, “I know him, damn
hitn, spot him ;” I heard no threats of
killing, excepting one man who was stand
ing near talking with an old colored man
about an hour, urging him to vote the
Democratic ticket, and when he refused
the white man said “well, you may go
your way, hut if yon vote that ticket
(meaning the Republican) you won’t live
to see to-morrow’s sun go down;” by such
threats as these the balance were per
suaded to vote the Democratic ticket;
there were many wished to vote the Re
publican ticket, hut did not vote at all;
they were afraid to vote; there was a
large crowd of white men around the bal
lot box; the colored men were obliged to
passthrough this crowd to vote; white
men were walking around on the outside
of the crowd, and when they would see a
colored man wlio would vote tho Demo
cratic ticket, they would cry out “give
way boys, for I have another, let him in
the crowd would give away and let him
pass in to vote crying out “hold up your
ticket,” and the voter would hold it up,
and theD the crowd would shout, “we
know how easy it is to vote when you vote
right;” whenever a colored man would
oomc up who intended to vote the Re
publican ticket, the crowd would not give
way, and the voter was obliged to press his
way through, and men would job knives
at him as lie passed ; I saw what I have
noted down myself ; they (the white men)
would also say “you shan’t walk over me,
you are voting against us; if you do, you
will got cut.” (The witness was here in
terrupted by counsel for Beard, who re
quested permission to now introduce J.
Mason Rice, who wished to leave the city
this evening. Counsel for Judge Corker
consenting, the examination of Lee was
suspended, and that llice commenced.)
J. Mason Rice examined—My name is
J. M. Rice ; live here in Richmond coun
ty, State of Georgia ; I went to Appling.
Columbia county, with the intention of
making a Republican speech about two
weeks prior to the late election for mem
bers of Congress, in company with Colonel
I. S. Fannin, ono of the Republican can
didates for Congress ; about a quarter of
a mile from Appling Court House we met
about twenty-five colored men wtm, in reply
to our questions, said they had come with
the intention of attending the Republican
meeting, (the news of the meeting had
been quite generally circulated through
the county ;) by them was told that large
numbers of the colored people had been
intimidated from attending the Court
House by being told that it would be uc
i safe for them to attend ; that they would
be deprived of their wages, and their lands
would not bo renewed to them ; said that
if they could have had their way there
would have been a large gathering, that
' they themselves should hardly dare
I come, but were determined to come,
and did come; Colonel Fannin asked
j them to come to the Court House;
they made do reply, tut. separated '
into squads, among themselves, talking to
! each other, and one party remarked, “We
j don’t like the looks of so many white peo
| pie up there we again mvited them
I to come or, telling them that there would
be no danger, as we thought; then drove
) on ; we hitched our teams in front of the
1 Court House ; afterwards while seated in
the Ordinary's office, in the company of
perhaps half a dozen white men, gathered
at the doors ; one of them, turning to
Fannin, remarked, “There is that damned
villiin —I know him —who seized my still
last season ;” after waiting there some
four hours, Colontl Fannin and myself
walked up to the buggy ; presently a
a party, accompanied by some twenty-five,
approached us, mounted a wall, and called
the people together, stating that we and
they had come to attend a Republican meet
ing, and that they meant to have it; this
was spoken in a taunting manner ; they
seemed to hive gathered for merri
ment ; they seemed at that time to gather
for sport ; the party speaking asked
Colonel Fannin if this was a white man’s
Government? Colonel replied that he
didn’t desire at that time to argue such
questions as that; lie then stated that lie
(the Colonel) should be safe if lie should
speak in the Court Room, and asked him
to speak ; 1 remarked to the Colonel that
if he felt at all safe he had better do so;
the Colonel then- said that he had come
there to make a speech, and that he was
not ashamed to have his views known,
and if they would attend the Court Room
he would make his views understood; if
assured protection, that he would speak to
them if they desired it; several asked him
to go up to the Court Room, and he at
once started oft) followed by them; so
near as I can recollect, w hile the Colonel
was absent from me the party, followed by
some thirty, hurried toward me from the
Court House steps, shouting “these
damned Republicans ought all be in hell
almost immediately thereafter, as well as
I can recollect, parties of the same com
pany approached hurriedly to within ten
feet of as, and one, brandishing a heavy
eane, remarked to me, “you are a God
| damned thief; I mean it, aud if you speak
j a word I will break your skull in over
j your eyes;” lie repeated, after an inter -
| val of a minute or so, the offensive ex
pression : upon Colonel Fannin returning
j from the Court House to my wagon, fol
-5 lowed, as he was, by almost the entire
. number, I was asked to also go into the
! Court Room and speak ; I replied in a way
! that all conkl hear, that inasmuch as there
j was considerable feeling, aud as I was not
i a candidate for office, I thought it might
be better not to do so; the invitation was
soon repeated and after an interval of
some five minutes several whom I judged
to be trustworthy members of the commu
nity, promising me protection, I went; so
near as I could judge near two hundred
and fifty white persons were in the Court
[ Room ; v. hen I closed my remarks one
AUGUSTA, GA., WEDNESDAY MORNING, FEBRUARY 8, 1871.
: of the gentlemen who had Invited me and
| offered me protection, in order to speak,
slipped upon a bench and remarked, “I
invited Mr. Rice to address us, assuring
him he should be unharmed. lie has
spoken to us in a very courteous and gen
tlemanly manner, and 1 shall fulfill my
promise to him.” I observed, “that I
, trust we all pre-ent were gentlemen, and
j thought there should he no danger,”
! He remarked (the gentleman who had
spoken) that “he thought there was dan
ger.” I walked towards the door with
! two of the gentlemen who had promised
j me protection, and was almost at the door
when a gentleman by my side, whom I
recognized as a citizen of the county, and
who was standing still, asked me a ques
tion. I halted for a moment to reply, as
did those about me. While replying I
received two blows upon my head from
| behind. I immediately turned and saw
; an opening in the crowd, which was now
j six or eight persons deep, and a party re
} tiring through the opening, trying to re
! move at the same time brass knuckles
| from his hand. Another party just be
j hind remarked, “Don’t you ever came
i back here again.” I was stunned by the
j blow, and have ro distinct remembrance
I °f what immediately happened, being tem
j porarily faint. The blow inflicted produced
j a gash about two inches long, from which
i the blood flowed profusely. During the
I day, about an hour after our arrival at the
| Court House, some dozen or fifteen color
jed men ventured within one hundred
j yards or so of the Court House. They
I were so shy that when approached by
myself, followed in each case as I was by
parties ot whites, they slunk away and
gave no encouragement that a Republican
meeting could he held with safety. There
were no colored men present when I
spoke. Two colored men who had been
sent into thecounty-to notify of the meet
ing came near to the Court House steps,
where Col. Fannin and myself were stand
ng. A white party near by was over
heard by us all to say, “Those black fel
lows there are the fellows we have been
after.”
Cross-examined—l live about two miles
from Augusta, in Richmond county; have
lived there about three or four months;
my family has been there about a year or
over. I havebeeu a member of the Legis
lature ; represented the county of Colum
bia during the years ’6B and ’69 and part
of ’7O. At tho meeting had been asked
to give an account of my stewardship, and
in my speech did so. 1 was interrogated
by General George W. Evans, who related
in substance that 1 had assumed to repre
sent a county of which I had never been
a resident; I believe that the belief gen
eral in the county, and intimated by Gan.
Evans, had nothing to do with the prejudice
existing in said county, and assault made
upon me; I was not present when Colonel
Fannin addressed the meeting. On the
same day a Democratic meeting had been
held at the Court House for the nomina
tion of county officers and members of the
Legislature. As I was told, I think the
gentleman who stopned me just previous
to receiving I he blow, was Mr. Bailey, who
is somewhat deaf. Ido not behove that
Mr. Bailey stopped me for the purpose of
securing an assault. The nerson who
called me a thief was James Wilson. As
I am informed, James Wilson was one of
tho party which used offensive language to
Col. Fannin before going into Court House;
also to myself. I do not believe that
there are over twenty-five porsons in Co
lumbia county who will sanction or par-*
ticipate in such violence as occurred at
that time. Some Democrats offered and
did protect me after 1 was injured that
day. There was at the time a division in
the Republican party in this district;
there were two wings of the Republican
party—termed the Blodget-Tweedy and
Bryant-Fannin wings. There were two
Republican nominating conventions called
aud held in this district prior to the flec
tion—one at Greensboro. I attended and
sustained the convention held io Augusta.
There were persons in (heßepublican par
ty who regarded the Augusta convention
informal. Tho nomination of Beard and
Fannin, I think, caused considerable luke
warmness in tho Republican p .rty. If
any Republican votes were lost on account
of the schism iu the party, I think it was
confined to Richmond county alone. I
think that the schism was caused by a
strong desire on the part of certain prom
inent Republicans to have certain per
sons ’other than Col. Fannin and Beard
nominated.
Re-direct.—l believe that the mass of
the citizens of Columbia county do not
sanction or participate in the offenses I
have mentioned, but do not believe they
have taken any steps to suppress this law
lessness. The Republican Convention held
in this city was the one held to nominate
candidates to Congress at the late election.
Col. I. S. Fannin was nomirated for 42d
Congress and T. P. Beard for 41st. At
the Republican Convention held subse
quently at Grecnesboro, the same parties
were nominated. Subsequently to that
Col. Fannin and Mr. Beard were sup
ported, so far as my knowledge extends,
by the Republicans of both wings of the
party in this district. Prior to my election
to the Legislature from Columbia county,
I had purchased property in that county.
It was my intention to make that county
my future home. It was all the property
that I had at the time in the State which
I regarded of value. I selected it with
reference to making it my future Lome.
I had made contracts lor carryiug on dif
ferent kinds of business on the plantation,
which business I have never been able to
accomplish. I did not carry out my pur
poses above mentioned solely bocluse I
did not regard it as safe to live there. My
residence aud plantation near this city,
where I now live, have been procured
since my purchase in Columbia county. I
bought them and live there solely because
I did not believe it safe to live ou my Co
lumbia county plantation. So far as I
know, the opposition to Fannin and Beard
ceased after the Greensboro Convention.
Examination of Robert Lee continued—
On the first day of election there were at
Appling Court House, 500 or more Re
publican voters; about 100 colored men
voted the Democratic ticket the first day ;
can’t say how many voted the Republican
ticket the first day; the majority of the
colored people did not vote the first day ;
witness conversed generally with colored
people that day; from this conversation
he found out how they intended to vote ;
i because of threats and interruptions around
the polls, mauy did not vote who intended
to do so ; by interruptions he meant that
white men would job knives at voters and
kick them when they went to vote ; the
acts of violence of which he has spoken,
such as striking with pistols, did have the
effect of preventing colored men from vo
ting. .
[Conte3tee objected to all questions,
having witness to testify as to his own
belief, or as to what the intentions of
other persons were, and to all evidence
derived from such questions.]
No acts of violence toward witnesses,
bet many threats; threats were made
by white men ; some asked where I lived;
some said I lived in -Richmond county I
some said don’t blame him, blamethe low
lived white men who put him up ; some
said he D a d—<d pretty candidate ; it’s a
pretty thing for him to be a candidate--a
danmed nigger ; another said I lived near
him, who would have thought it; left Ap
pliDg an hour by sun ; never went back to
the election : he left and did’nt return ;
from information which I received I be
lieved my life m danger if I went back ;
witness now lives in Augusta ; I came to
Augusta Thursday after Chrietmas, 29,th
December, and rented a place; moved
hereon the 2lJanuaiy, and sent for my
family.
i Cross examined—Lived in Columbia
i four years preceding election ; wa3 born
| and raised in Columbia; lived in Co
| lumbia county until 1845, then moved to
; Richmond; lived two years on Doyle’s
| place ; two years on Mr. Cook’s; am
. going on thirty-four years old; Capt. Mays,
! Ben Berry, Mr. Stearns, Geo. Evans,
! Mr. Dozier, Mr. Walton, Mr. Derry
Lamar, and about three hundred went
to the meeting referred to iu his
direct examination ; some came from other
places ; I don’t know how many voters are
|on Mr. Beu Berry's place; knows iwo
i voters on Mr. Berry’s place ; on Capt.
I May’s place he knows four others; he
j don’t know ;on Mr. Steam’s place wit
ness knows eight voters ; knows odlv ODe
| voter on Gsd. Evans place, that is I am
| only personally acquainted with one;
j knows seven on Walton’s place ; witness
j is only voter on Doyle’s place ; four other
I voters on places adjoining Doyle’s ; can t
I say positively that there were three hun
dred men; didn't count them; reached
| AppliDg about 9 o’clock; then we all
| principally stopped; Mr. Sherman and
I himself went to polls ; Sherman demand
l ed, in my presence, that I should act
1 as one of the managers ; don’t know of
j any trouble at the polls until Sherman
j made this demand; they said to him
, D—n yon, what are yon doing here, inter
fering with onr business; don’t know
i where Mr. Sherman lives, nor where he is
; reputed to live : don’t know that he lives
in Richmond connty ; know he don't live
at the place he nsea to live in Columbia
county ; Mr. Sherman and witness went
to gentleman and asked if they could get
in, gentleman said yes, and pointed to
the door; Sherman knocked at door,
door was opened ; we went to door}where
voting was going on, knocked, and were
admitted. Air. Sherman said good morn
iDg gentlemen ; Sherman stood about two
minutes, and theu said, I see you have
I gone to work with the wrong man ; Mr.
j Ral. Hicks asked, why we have a Robert
! Lee ; then they called the Commissioner
and asked what his name was, he said
i Robert Lee ; Mr. Sherman said this is the
j man that Mr. Stearns recommended
j to the Governor; Mr. Hick's says he can’t
! be the one, as his notice would have been
sent to Bel-Air P. O.; witness was then
asked if lie went to Bel-Air; witness re
plied that he has not been there in three
weeks; all then stood and consulted; at |
ter consulting,!Mr. Ilieks says what shall
we do, gentlemen, it seems that we have
gone to work with wrong man ; then lie
i said to Sherman, what do you think we
! had best do about it; Mr. Sherman said
: lie did’nt like to give any advice; he only
knew they had the wrong man; for wit
ness was recommended to the Governor
by Stearns; Hicks says if this be so the
election is illegal, t we don’t want an il
legal election; Mr. Hicks sad I think we
had better throw the votes out; then wit
ness was sworn in as a manager; the box
was unlocked and votes thrown out; the
managers agreed to this; after witness
had taken oath they found out he was a
candidate and then told him lie could’nt
serve; and then Mr. Sherman and witness
walked out; it was at that time the row
commenced ; witness can’t read or write;
can only 6ign his name ; can’t name a sin
gle man that stuck his knife at u voter.
The direct examination of this witness
was finished at a late hour Monday night.
On yesterday morning Lee did not appear
so that he might be cross-examined, and
counsel for Judge Corker objected. It
was agreed that he should be brought back
later in the day for this purpose.
Lewis Williams testified that his name
was Lewi- P. Williams, living in Wash
ington, Wilkes county. The witness has
lived ail his life in said Washington,
Wilkes county. Was there during the
late election for Congressmen in the month
of December. Was also there preceding
the election.
The witness was questioned concerning
a difficulty which occurred in Washington
some time before the election. Counsel
for Judge Corker objected and a lively dis
cussion between Col. Pottle and Col. Brj’-
ant ensued. The Commissioner decided
to admit the question and allow the objec
tionjto be noted.
Judge Corker stated that according to
the United States law the contestant was
obliged to give the contestee ten days no
tice of the time and place of taking the
testimony and of the names of the w.t
nesses to be examined. He said this latter
clause had not been complied with; the
names of the witnesses had not been fur
nished him'as required. He asked that the
testimony of all previous witnesses, as well
as Williams’, be ruled out on the grounds
above stated. Colonel Bryant said he
would give a list of witnesses, but the reso
lutiop waived the time of siring notue and
list oT witnesses. Judge Corker said the
objection was not met by Bryant. The
resolution waived the ten days’ 'ime, but
he should have beeu given the list of wit
nesses when he received the notice of con
test. Colonel Bryant said that the pro
ceedings of yesterday waived the right to
a list of witnesses so far as those already
examined were concerned, lie now served
him with a list which Judge Corker re
fused to receive, and another lively debate
ensued, after which tho Commissioner
decided that the objection to the proceed
ings, as far as they had gone, had been
waived by the contestee ; but that no wit
nesses could now be examined but those
whose names were furnished. Bryant objec
ted, that be had a right to introduce fresh
witnesses whenever he pleased by giving
reasonable notice. The Commissions took
a recess of an hour in order to let Bryant
make out a list of his witnesses.
Lewis Williams resumed- -That he was
at Washington, Wilkes county, on or
about, the 10th of December last upon the
arrival of the train upon the Washington
Branch road; I was at the railroad at that
time, and what happened that day broke
(lowri the Republican Club; the result
ol that shooting—the killing of Harris,
wounding of Radley iu Washington—in
timidated the colored men in that county,
and a great ruapy of them were afraid to
vote ; some were afraid 'to go to the polls;
on the day above mentioned Wm. Harris,
colored man, was killed ; I saw him after
he was killed ; I know of my own knowl
edge that William T. Radley was mor
tally wounded ; I know that he was mor
tally wounded as I helped to carry him
home; I carried him to the house near
the depot, about a quarter of a mile Irorn
it ; I first saw Harris after he was killed
in a cottage house called Planters’ House,
about four hundred yards irom the depot;
I did’nt see the difficulfy while it was
going op; Harris atid Radley were leading
men in the Republican party at
Washington ; the killing of Harris and
wounding of the other so intimidated
the people of this county that a great
many were afraid to vote the Republican
ticket; there was one Republican Club iu
the counly; tho breaking up of the Repub
lican Club had this offset upon the people,
as that in one ca-e which I xnow, that of
Henry Hammond, who was persuaded by
myself and others not to go up and vote;
as I was walking about near the polls ou
the first day of election, with a basket of
Republicans tickets to distribute them to
Republicans, two white men came up and
lifted the lid that was to the basket, aud
one of them ran his hand into the basket,
at the same time the other one standing
close to me ran his hand into Lis side
coat pocket a< if he was going to draw a
pistol, and said to me, “give them up, sir;
give them up;” the man who had his
baud iu the basket, drew it out with near
ly every ticket I had in the basket,, in his
hand, and tearing them up, threw them
into the air singing, “Every Republican
ticket is going into Heaven;” this
happened about five yards from
the Court House steps ; I did
not know who these men were; alter that
I .walked off four or five steps from them,
and said, “what few I have got I will put
in my pocket;” one man of the party then
came up to me again and asked me if I
would vote the Republican ticket: I said
“no sir, ( will not;” he said I’ll bet you a
thousand dollars that you will vote the
Democratic ticket; I replied,sir, lam not
a betting man; while he was talking witli
me I saw the clique; I mean others; men
were gathering round me, and with them
were the men who took the tickets from
me; these men -were white men and Dem- j
ocrats; I went off four or live steps from
them again, and an old gray headed white
man, a Democrat, said “sir, you say we
can’t take them from; you lie followed
me up and the other men alluded to above
followed him ; at this time I came up to
Judge Reese, and was glad to talk
witli him so that the other men would
let me alone; while talking with him they,
the men alluded to above, came up be
j hied me, tfdking veiy low and said, “you
say, sir, wo can’t take them from you.” I
did not say anything to Judge Reese about
it, neither did ne know that they were
after me, if he had he would have stopped
them. Being excited and troubled I said,
1 it is best for me to leave ; my tickets are
all torn up and if I stay I shall get hurt;
if I can’t walk about tiers without being
troubled I shall go home and not put my
|bot on the square again during election.”
[This (above) was said to Republicans]. I
; told the men they would not have tickets
| enough; the first day our tickets were pretty
much all destroyed ; I had about fifty left
at home io my house; I gave them out at
my door, which is over a mile from the
Court House. After the above-mentioned
trouble I went home and did not return
until the last day of election; I went
home to save myself from being hurt;
on the last day of the voting, about 4
| o’clock in the evening, Mr. Allen, the
j Deputy U. S. Marshal, sent for me,
i I told Mr. Allen that I went home be
j cause my feelings were so much hurt by
; taking tickets out of my basket that I
J concluded to go home; I mean by my
feelings being hurt that other men could
walk about to give out Democrat tickets
| while I could not give out Republican
; tickets ; I saw white men on the Court
| House steps standing in a crowd and as
i colored men went up to vote they changed
| their tickets ; taking from them the Ropub
! licaa tickets and giving them Democrat;
they stood on the steps of the Court
I House, about ten feet from the ballot box;
| I gave two colored men Republican
J tickets and I watched them to see if
i any one Ehon’d take them from them ;
as they walked up the steps, pass
I ing through the crowd of white
I men who stood on the steps, they (the
! white men) stopped the first one with
j “show your ticket,” and the fellow
j took out his ticket and gave it to him ;
he i(the white man) said, “that is not the
ticket, old boy, to vote for,” and he gave
in the Democratic ticket that the white
man gave to him. The second one had
liis ticket taken away from him in the
same way, and he walked by the polls
and came down, not voting at all. That
is all I >aw at the poll-; this was dune on
the first day; I did not see any injury
done to any man at the polls by white
men, but when any colored man would
vote the Republican ticket white men
called out, “mark him—mark him;” after
1 went home, 800 colored men came to my
house for Republican tickets; I did not
have them to give out; some of them
went home from my house, and others
| went down town; another colored man
came to my house afterward, asking for
tickets, and I told him I had none: the
effect of breaking up the Republican
Club before referred to, was to scatter
Republicans, and get theta all confused ;
I know of my owo knowledge do men
that were forced to vote against their will,
only by hearsay; I saw the steps to the
Court House crowded twice on that day
; to my knowledge; I didn’t uotice the steps
at any other time; my reason for noticing
them at that time was that when colored
men were given tickets'by me they said,
“ I cannot got up on the steps to vote,
they are so crowded ;” some got thro ugh
the crowd, and others waited some time;
Elisha Gilbert, Lewis Grant, Robert But
ler and HeDry Thomas were giving’ out
Republican tickets together with myself ;
I don’t know of my own knowledge, only
by what was said to me, that any others
were prevented from votiug ; tho killing
of Harris, the wounding of Ridley, the
removal ol my tickets Irom the basket
and tearing up of same, the crowding
around the polls, and threats to myself
which caused me to believe that my life
was iu danger, caused many not to vote
and was worth two thousand dollars to
the Democratic party ; it prevented the
Republicans from voting and gave the
JOemocrais three or tout hundred more
votes —when you take the king you take
all the men; Wm. Harris was the leader;
I mean by this that when Harris, who was
the leading man and controlled all the
others, was taken captive, you had power
over the remainder; Harris and Radley
were leaders then in the Republican party.
I live at Washington; my age is forty-six.
The following was served on Judge
Corker yesterday by Bryant:
Notice served upon Hon. S. A. Corker on
the 31 st day of January, 1871, at 12:30
o'clock.
Augusta, Ga., January 31, 1871.
Sir: Take notice that the names of wit
nesses whose depositions are to be read in
evidence in the matter of tho contested
election case from the Fifth Congressional
District of Georgia, wherein I am con
testant and you are contester, which are
to bo- taken before Thomas Robinson,
United States Commissioner, at his office,
in this city, in pursuance of my notice of
January 26th, arc as follows: Lewis Wil
liams, Wilkes county; William M. Booker,
Wilkes county; Henry Hammond, Wilkes
county ; Isaac Koehler, Jefferson county ;
George Holt, Jefferson county; Bradley
Foley, Jefferson county; John H. Harris,
Jefferson county; Randall Harrison, Jcf
ferson county'; Aaron W- Gilbert, Burke
county ; Robin 11. Kirk, Burke county ;
Floyd T. Williams, Burke county; Jesse
Wimberly, Buike county; Henry Jack
son, Burke county; Samuel Mackay,
Burke county; John Mack, Burke county;
Jerry Blank, Burke county; Henry Doyle,
Burke county; Jas. Kent, Burke county;
Daniel Godbee, Burke county; Itobt. Kel
sey, Burke county; Itobt. Washington,
Richmond county; itobt. Battey, Rich
mond county; Judson D. Lyon, Richmond
county; Harvey Moseley, Richmond coun
ty; Dennis Dorsey, Richmond county; W.
S. Mayfield, Richmond county; W. J.
White, Richmond county: Geo. Washing
ton, Richmond county; Win. H. Harrison,
Hancock county; Eli Barnes, Hancock
county; John Watkins, Hancock county;
Ridley Mosely, Hancock county; Adolphus
Moss, Hancock county; Wm. Wilson, Han
cock county; Asa Carrington, Hancock
county; Joseph B. Gonder, Hancock coun
ty; Hanford Owens, Richmond county;
William M. .Moure, Warren county; Henry
Fowler, Warren county; London Dar
din, Warren county; Radford 0. Rhodes,
Warren county; E. R. Andre'ws, Warren
county; Tlios. Flournoy, Warren county;
Samuel Seals, Warren county; Henry El
lis, Warren county; G.us Howard, Warren
county; BeDj. Jones, Warren county;
Isham Reese. Warren couDty; James
Whitehead, Warren county ; John Neal,
Warren county; Andrew Lewis, Wilkes
onuuty; Henry Thomas, Wilkes county;
W. M. Heard, Elbert county; Nathan
Thompson, Elbert county ; Aarou Harris,
Elbert county ; Isham S. Fannin, Morgan
county; M. A- Wood, Morgan county;
Robert J. Brown, Macon, Ga.; S. B. Al
len, Macon, Ga.; Daniel Palmer, Wash
ington county; D. Seattergood, Washing
ton county ; Carrington Kelsey, Washing
ton county; David G. Cotting, Atlanta,
Ga. ; Josiah Sherman, Atlanta, Ga, ;
Ransom Williams, Glasscock county;
Daniel Evans, Taliaferro county ; Wash
Williams, Talialerro county ; W. F. Hol
den, Taliaferro county; Thomas Aiken,
Taliaferro county; Dock Rhodes, Taliaferro
county; Willis Gowen, Taliaferro county ;
Ciocinnatus Jones, Taliaferro county; Wil
liam Leslie, Taliaferro county; Peter Moore,
Taliaferrocounty; Larry Wood, Coulumbia
county; Charles Stearns, Columbia county ;
Martin Collins, Columbia county ; Ephraim
White, Columbia county ; V. M. Barnes,
Columbia county; Robert R. Lee, Colum
bia county; Albert Bethel, Aiken, 8. C.;
Henry R. Cates, Savannah, Ga.; Lieut.
Hi, ton, U. S. Army, Charleston, S. C.;
Johnson F. Cunningham, Oglethorpe
county; Joe McWhorter, Oglethorpe
county; J. ts. Brightwell, Oglethorpe
county; Frank J. Robinson, Oglethorpe
county; High Maxwell, Oglethorpe coun
ty ; Lieut. Durham, U. S- Army, Atlanta,
Ga.; Isaac M. Harris, Lincoln county;
Willis Gunby, Lincoln county ; Jack Dili,
Lincoln couuty; Sam Dill, Lincoln county;
Rab Dill, Lincoln county.
Thos. P. Beard,
By J. E. Bryan*, his Attorney.
To Stephen A. Corker.
Judge Corker received the list, but ex
cepted to the admission of the witnesses
named, because the names were not fur
nished within the time prescribed by aw,
The Commissioner overruled the point,
and at 1:30 o’clock the court adjourned for
one hour for dimier. »
Lewis Williams cross examined.—l
don’t know who killed Harris or that lie
was killed, I only heard so ; I don’t know
of my tiwn knowledge what he was killed
about ; a fracas occurred at the depot, but
I didn’t know what it was about; I mean
by the Republican Club men united into a
society ; a Republican Club and Union
League are not the same thing; I didn’t
say that Wm. Harris was the king of the
Republican Club, but the leader ; the
Republican Club met at a school bouse out
on the ground called “Freedmen’s ground
an an in order to get in the club must
have liis name sworn in ; don’t know who
swore them in ; I don’t particularly belong
to it, but my name is on the book ; it has
been in there as Lewis Williams for years;
can’t tell who the officers of said club are ;
was not there often ; had spiritual meet
ings to attend to; never made any speeches
to them; used to preach on Sundays;
did not preach politics, but what I
found in the Bible; have bsen a member
ever since the eurrender, and do not re
member who swore me in; cannot repeat
any part of the oath ; have forgotten it; I
think the oath said something like swear
ing to stand by one another ; I have aud
am now keeping the oath ; am standing |
by my race now and have stood by them ; j
don’t know how many men beloLg»d to |
the club; I think there were as many as j
100 men in club; 1 think ihere were as*
many as 200; can’t tell if there were as ;
many as 300; I was not in the club pre- j
ceding the election ; became a member of j
it a long while ago; have not been there
lately ; my memory has not been refreshed
lately on the statutes ; I was not a licensed
minister when I belonged to the club ; I
don’t know much about what went on in
the club; I visited the dub ju3t before
Wm. Harris was killed; I did not make
any speech then; was there Thursday
night, and Harris was killed next day; I
only sat down a few moments ; didn’t feel
like staying there as a Minister of the
Gospel; I don’t kuow whether the dub
met with dosed doors; there were no;
guards about the house while I was there ; i
they did often keep guards armed about j
I the house for their own defense; I was a
j candidate on the Republican ticket for
j the Legislature; there was two other
candidates on same ticket besides myself j ;
| both colored ; the tickets were printed ;
I don’t know who had them printed ; some
party* here in Augusta; they had about
I two thousand printed ; was not printed io
! Washington; know they did not; I can’t
i tell how many I had in my basket ;
j same where about fifteen hundred : there
were quite a number of bad tickets ; can t
I tell how maiy ; gave tickets out by hun
dreds to those who were going to dis-
I tribute them; I can’t tell bow many I
j gave out in a handful; not as many as I
could grab ; I thiuk about fifty : might
have been less : these men that I speke of
were not leaJing men especially, but
prominent Republicans; I gave out to
Henry Hammond, and sent more to James
Toombs; I don’t know who was the man
that look my tickets out of my basket;
he was a stranger: I have lived iu Wilkes
county all my life ; I don’t know the man
who put his hand in ay pocket; I can’t
name any one who took Republican
tickets out of voters' hands ; can't tell the
name of a single human being who intimi
dated any one at the election to save my
li’e ; don't know the names of those win
intimidated me ; can’t give the name of
any, because l was there only about four
hours ; I left the square in Washington
about two o’clock io the afternoon, and
went straight home the first day of election;
I did’nt notice the clock particularly;
think it about that time ; had a conversa
tion of about half an hour the first day of
election with Mr. Pope; I don't know that
the Republican party was divided in
Wilkes county before the election with Bul
lock and Bryant wings; Mr, Rice made a Re
publican speech in Wilkes before the elec
tion ; 1 think this was about three weeks
before the death ot Harris; I heard some
of this speech; no one spoke beside Rice; I
have not heard among my party any one j
warned against voting the Republican {
ticket; have not heard any one warned I
against voting the Democratic ticket; 1 i
have never heard any one say that if they
did not vote the Democratic ticket they
would be put back into slavery ; I was not
on the square in Washington only on the
first day, except the latter part of the last
day, when I was sent for ; I know- some
that were intimidated by the death of
Harris from going to the polls; among
them Henry Hammond,’who was so feeble
from fright that he did not go; I don’t
know positively that he did’nt vote; told
him not to vote; give him tickets at his
house some ways from the polls; lie did’nt
say that the reason lie would not
vote was bananoe t-.« would not vote
the Republican ticket; I did not' ad
vise him not to vote because I was
afraid he would voto the Democratic ticket;
Henry IlammoDd did not tell me that he
had promised Milton P. Reese not to vote
the Republican ticket ; I voted on the
last day at about sunset; the sun might
not have been quite down; no one tried
to prevent mo from voting; they were
all friendly with me, and would not try
to prevent tnt; I voted the Republican
ticket; a party of white men standing
near me saw me do it; I didn’t go home
the first day not because my feelings
were hurt, but because I saw a great
many of my people voting tho Democrat
ticket and saw we were going to rret
whipped; I know Mr. Oscar Booker ; I
did not tell him on tho 2d or 3d day that
I was not going back to tho polls again
because I was weak and had giveD the
thing up or words to that effect; I did
have a conversation with the above men
tioned gentleman, but do not remember
any such remarks; the way I told them
were, three hundred men went to my
house after tickets by counting them ;
Henry Thomas and myself counted them ;
I do know to mv knowledge that some
of that three hundred men did not vote;
I know it by what they said that
they were going homo; I did not say
that none of them did not vote ; some
of them went home from my house, others
went to town ; I don’t know what these
who left my house did after they left; I
elo not remember any of the names of
that 800; can’t tell where they live; my
memory is not good ; see them every
Sunday, hut can’t tell where they live ;
some live in the country ; some on the
river; they were all qualified voters ;
that was their profession ; they were all
grown men of age ; 1 understand tho
word intimidate ; it means being afraid to
vote the way oi:e wants to vote ; I know
of ono person who was intimidated and
forced to vote the Democratic ticket
against his wishes ; a blacksmith by the
“name of Alick Scrogging ;” will not
swear to this of iny own knowledge ; only
what he told me ; I did not see
the U. S. troops at Washington during
the election ; they were there but did not
see them ; I saw the U. S. Deputy Marshal
there ; there was no disturbance in
Washington during election to my knowl
edge only what was done upon myself.
Re-direct examined—l did not vote the
first day because it was my business to
get out tickets, and I wished to get to the
polls when they were clear.
R. R. Lee, crost-continuation—I know
tho nameß of some that threatened me.
Give the name of any person who made
any threats, or offered any aots of violence;
I cannot answer this question as my life
would be in danger. (The Court decided
the question must be answered). Mr. Eli
Davison was one who threatened ; be did
not threaten me, but said it in my pres
ence ; be said never mind, damn you; I
know him, wo will get him ; he lives about
two miles from where I lived; I don’t
know who he made these remarks to ; ho
called my name; I don’t know who the
man was who was struck on the head with
a pistol, nor do I know the man who
struck the black man , tho Sheriff arrested
the man by tho direction of the Lieuten
ant ; Davison was standing right in front
of where they were voting; I did not vote
at all; I did not go to the polls to vote; as
I was a candidate I did not think that I
was allowed to vote ; the colored man who
was struck did not bok like a drunken
man ; I don’t know whether the man who
struck him was drunk ; he tried to play
off drunk ; I don’t think he was drunk ;
a friend of his said let him alone, he has
been driukmg, he didn’t mean anything,
1 am a friend of his and will stick up to
him; I never heard any other threats
against me, 1 don’t know the name of
tho old colored man who was threatened,
nor the name of the white man who threat
ened him ; there were a great many men
threatened that day, but L dcu’t know
who they were ; I know of a good many
who didn’t vote because they were afraid ,
I know of one man who promised to vote
for me, but didn’t because he was persuaded
to vote the Democratic ticket; be prom
ised to vote for me about a half hour oc
fore he voted ; I overheard his young
master, George Walton (that used to be)
and Henry Evans persuade him to vote
the Democratic ticket; I couldn’t hear
the conversation but they were talking
about voting; there were more colored
persons'present during the day than white
people; there were a great many more
colored people present than white people,
the colored were veiy thick around the
place where they went in to vote at; the
bridge is near onohalf mile from the
Court House; a crowd of colored people
came up about two hundred yards below
the bridge and stacked their arms; the
bridge was between the arms and the
Court House; I don’t, think the arms
were nearer the Court House than the
bridge; I think near two hundred lid
arms; some of the arms were double bar
rel guns, some single and some old mus
kets; the muskets did not have any bay
onets on them; the guns were
stacked, hut they were en the ground ;
there was no captain of this crowd as
I know of; they did not go up
in military style ; I know Joe Johnson ;
I don’t know whether he was in the crowd
with a sword on; he aid not have any
gun, he had a pistol; the crowd, after
they stacked their arms, did not march up
like soldiers to the Court House ; I did
not see them march armed to the Court
House; the United States soldiers did not
take away their guns, but made them
move them further off, and they placed a
guard over them ; the U. S. soldiers wero
camped about 150 or 200 yards above the
Court House; they could not sec every
thing that went on about the Court House,
from where they were camped ; they were
in full view of the Court House, but could
| not see where the voting was going on ; I
■ don’t know when Sherman left there ; the
| biggest portion of this crowd went up to
; the Court House before Sherman did ; no
I one said, in my presence, here comes my
I General, when Sherman came up; as soon
| as Sherman came up, I went to him ; I
don’t think that Sherman was a candidate
for aDy offiee: I did not think that he
lived in Columbia county, for he had
moved from where he used to live, at Mr.
Stearns’.
Rc-direet —I don’t know where the
crowd gathered; I could bear them yell
ing and blowing their bugles in the morn
ing when I awoke ; I did not go to the
Court House before Sherman; I had only
been at the bridge about ten minutes when
he came up ; I went right on behind Mr.
| Sherman to where he stopped at; I talked
to him awhile, and then went down to the
| Court House with him; after we went in
■ to the Court House, I conversed with Mr.
Hicks about my bemg one of the mana
! gers; it was not more than five minutes
after I went to the Court House before I
I had this conversation with Mr. Hicks; the
man who promised to vote for me, but
was persuaded to vote the Democratic
j ticket, was got to do so by Mr. Henry
| Evans, who talked to him about fifteen
| minutes ; Mr. Hicks said to Mr. Evans,
j you must stop that, or you know you will
: get us into trouble ; someone, whom I did
not kuow, said to Mr. Evans, you Deed
not waste your time in talking, as it will
1 do no good ; he said, I can’t help it, but I
will do all I can for my side ; the black
man left, his young master (that was) fol
; lowed him, caught him by the coliar,
j talked to him apout a minute, gave him a
Democratic ticket, carried him to the polls
and said, now, G—dd —m it, vote it; this
! conversation was in a persuading manner ;
Mr. Walton didn’t seem to be mad; tbe
colored man told him several times he
couldn’t vote his ticket; the reason why
the United States troops placed a
NEW SERIES, VOL. XXIV. NO. (5.
guard round the guns wa3 because the
white men said they wore going to
take them : some of the white men mount
ed their horses, and stretched themselves
across the road: some on foot and some on
horseback, and charged and cursed, aud
said ail you damned nigg-’rs stand back,
don t you attempt to pass by here, if you
do wewill kill the last one of you , this
stopped them all; some of them told the
officers they were going dowD to take their
guns: the soldiers went down iu double
quick time, and when they got there they
prevented the white men from taking
them, and made the colored .people move
their arms further off; 1 don’t know in
what order the colored people came
up; the colored people, iu attending
meetings, don’t always attend armed;
sometimes some of them do ; there were
about five hundred colored people ; there !
were about two hundred of them with
! arms.
i Rc-eross—l did not hear the cinversa
* tion between Mr. Evans and the colored
man ; Mr. Hicks was one of the man
agers of the election ; when Mr. Walton
took him by the collar and talkid to him
he was outside of the crowd ; out cf the
Court House ; Mr. Hicks was at the polls,
or box ; the colored man was talking to
Mr. Evans when Mr. Hicks spoke to Mr-
Evans ; the colored man, after he got
through taikiDgwith Evans, walked out of
the crowd ; Mr. Walton then jumped up
and followed him ; he was eo far I could’nt
hear him; I did’nt hear aDy reason he
gave him for wanting him to voto his
ticket; I did not hear anything that Mr.
Walton said to him; 1 did not see the
oolorod man with a Republican ticket, and
don’t know that he had one, but I heard
him say that he wanted one; Mr. Walton
had hold of him until he got inside of tho
rope ; he had him by the coat collar ; he
didn’t drag him, but walked along with
him ; I don’t know how many colored
people voted that day ; I did not, give out
any tickets ; I did not have ar.y tickets ;
there were two men there from Augusta
with tickets; I don’t know how they went
there; they stood at the entrance and gave
out a good many tickets; no one disturbed
them.
The publication of tho testimony will be
continuod on the second page.
Decisions of llic Supreme Court of
Georgia.
Delivered at Atlanta, Tuesday, January
24, 1871.
[reported expressly for the .consti
tution, BY N. J. HAMMOND, SUPREME
COURT REPORTER. J
John M Hill, plaintiff in error, vs. John
M, Wilkie, defendant in error. Motion
for new trial, from Dawson.
Loohuanb, 0. J.
Where a note was made and delivered
in the purchase of a mining privilege at
Pike’s Peak, in Kansas, on the Sabbath
Day, and suit thereon is brought in the
courts of this State, and there is no evi
dence of the lex loci contractus produced on
the trial:
Held, That the presumption of law is,
that the law of the place where the note
was made is the same as our own ; espe
cially will such presumption be made
where a contrary presumption would bo
unjust to the Christian civilization of the
age, and in violation of the decalogue.
2. That as the laws ot this State forbid,
under penalties, any violation of the Lord’s
Day by the transaction of any business,
trade or calling, a note made upon the
Sabbath Day, in pursuance of trade or
business, will not be enforced by the
courts of this State under the laws of this
State, as such contract is void.
H. P. Bell for plaintiff ia error.
Gee. D- Rice for defendant.
Samuel Montgomery, adm’r.. etc , plain*
tiff in errror, «s Sarah Walker, defend
ant in error, Preceding against intru
d r, from Gilmer.
Lociirane, C. J.
Where a party makes an affidavit under
the 4000 .ii section of the Code against in
truders, and the warrant is issued and
executed by the Sheriff, aud a counter
affidavit is not tendered until twenty days
afterwards :
Held, That such counter affidavit does
not give jurisdiction of the case to the
Superior Court, so as to authorize the
Judge to hear the case upon motion to
dismiss the warrant, and restore the party
ousted to possession.
2. Held, That the statute against in
truders ought to be strictly construed, and
that an attorney at law is not such an
agent, without special appointment, as
would authorize him to make the affidavit
under t he provisions of the law.
3. He'd, That the party put in possess
ion under a warrant impimperly issued on
the affidavit of an attorney at law, takes
no benefit from such void warrant and
process, and stands in the light ol the
law as a trespasser.
Judgmeut reversed.
Weir Boyd, Thomas F. Green, M. J.
Smith and George D. Rice, for plaintiff
in error.
11. P. Bell, for defendant,
John llemley, plaintiff in error, vs.
Charles Dewall, defendant in error.
Equity, from. Sumter.
Lochrane, C. J.
When a bill tor account and settle
ment, dissolution of copartnership, and
appointment of receiver, aad the process
of injunction, has been filed in court, and
by consent of parties, the matters in con
troversy have been submitted to an au
ditor, and his report by consent made the
judgment of the Court, and the defend
ant fails to comply with buc!i judgment
in the premises, and retains the assets
and business of the firm:
Held, That the award and order of the
Court is not such a judgment or decree
for money as deprives the chaucelior of
all further control or jurisdiction of' the
ca*e, and compels the complainant in the
original bill to sue at law for the amount
so awarded to him- But is such a settle
ment, under the order of ti e chancellor,
full and unqestioned authority, jurisdic
tion and power to enforce obedien.e to the
mandates of the Court by attaching tbe
party for contempt ?
2. When attachment ni si fur contempt
was served personally by a c installs, and
process wan not attached to the original
bill, or copy served :
Held , That the service was sufficient to
bring the party into court ; and is not
such process as requires to be annexed to
the bill or copy and served by a sheriff,
deputy or coroner of the county.
4. When a party in response to an at
tachment for contempt, appear before the
chancellor :
Held,, That he is not in a position to
litigate on claims of credit, or discusS the
merits of the demand. Tne lianed ques
tion of contempt had primarily to De dis
posed of and the order of the Court in the
premises obeyed.
5. The matters of attachment for con
tempt :
Held , The order of the C mrt requiring
the delivery of money in his hands on
pain of imprisonment, was net an infringe
ment by the constitutional inhibition
again t imprisonment for defendant, but
is in the nature of the performance of a
duty, arising under the pleadings in chan
cery, which holds the party amenable to
the power of the chancellors until dis
charged.
6. In the exercise of the power of the
chancellor in matters of contempt:
Held, That this Court will he reluctant
to interfere with its exercise except there
be a flagrant abuse of it, the indepen
dence and integrity of the judicial office
depends on the enforcement of the pro
cesses and po-els of the courts below,
aud the legitimate exercise of them will
be sustained by rhis Court.
N. A. Smith, A. It. Brown, for plaintiff
in error.
S. 11. Hawkins, Hawkins <i Burke &
Du Pont Guerry, for defendant.
Fayette Hill vs. The State. Murder, from
Lumpkin.
"When a party has been arraigned upon
a good bill of indictment, and the jury
empanneled and charged with the case,
and the Solicitor General alters the in
dictment in the presence of the foreman
and some of the grand jury :
Held, That a motion for verdict of ac
quital ought not to have been granted by
the Court, although the act of the Solicitor
General was unauthorized and improper
in the premises.
2. Under the Code of this State, all ex
ceptions to the indictment for form, or for
matters that may arise by special demur
rer, or by plea in abatement or in bar,
must be made in writing preliminary to
trial, and if not made at the proper time
are to be held as waived in contemplation
of law.
3. When the Jndge below caused the
witnesses to have their testimony read
over to them to be corrected, it necessary,
in presence of the jury, or where the
Jndge himself suggested correction of
what had been sworn:
Held, That this practice is not error,
and that it is the right and privilege of
the Judge below to direct the progress of
J the trial, and see the evidence is correctly
taken down.
4. When dissolution is approaching,
and the dying man has lost hope of life,
and his mind feels the full consciousness of
hjs condition, the solemnity ol the scene
gives to his statements the sanctity of
troth, and such dying declarations, when
made, should be admitted in evidence and
considered by the jury under the charge of
the Court upon the law applicable to them.
5. Leading questions under Section
3809 of the Code are within the discretion
of the Judge for the purposes of justice,
and when the presiding officer of the Court
permits them to be propounded :*
Held, That the Court will not interfere *
to limit or restrict the Judge in the ex
ercise of his legal discretion.
: 6. When the jury, after retiring to their
! room, request the Judge to recharge'
I them, or upon some point ol law in the
case, and the Judge summons them into
court, and in the presence of the counsel
and accused complies with their request;
Held, Tne t such act is not error, but is
I proper hi the discharge of his official duly.
7. When the Court, in a ease of homi
cide, chargos the jury that when a killing
had been committed, the law presumed
malice, and it was incumbent upon the
defendant to show there was no malice:
Held, That this charge was a well set
tled rule of law.
8. When the defendant’s counsel re
quested the Court to charge all the grades
of homicide, and the facts showed that
the case did not rest for tho defense unou
all the matters of law governing homi
cide:
Held, That it was not error in the Court
to refuse the charge as requested. It is
only in cases where the facts require such
oharge that it should be giver.
9. When the omission to give a charge
by the Court is supplied by the Judge
giving a more favorable charge than the
law of the case authorized:
Held, That this omission was not error.
10.,When the facts of the case shw that
the prisoner shot at the deceased, and
killed him, although no motion of anger
or provocation is proven, the law will im
ply malice irom such wanton and reckless
trifling with human life, and when the
evidence sustains the verdict of the jury,
this Court will not set aside their finding.
Judgment affirmed.
Hawkins & Burke, Jack Brown, for
plaintiff in error.
0. T. Goodo, R. H. Whiteley, Solicitor
General by N. A. Smith, i'oi defendant.
Ester Howe ct al, vs- Thomas C. A. Dcx
ter, ct al Equity, from Lumpkin.
McCay, J.
It is only in a slroDg case, and when the
majority arc cleariy violating the chartei
cd rights of the minority, and putting
their interest in imminent danger, that a
Court of Equity will at the iatanee of a
minority of the stockholders in a corpora
tion interfere witli the management of its
affairs, and appoint a receiver and in such
a case a bill with mere general charges of
fraud, illegality or mismanagement is dt
muralle. Such facts miist be stated, as
will, if true, dearly show illegal action by
the majority, so as to endanger the inter
ests of the minority, andi make the inter
ference of Court necessary (or tho protec
tion of thoir rights.
Judgment reversed.
Gso. D. Rice, for plaintiff in error.
Wit-r Boyd, Jno. A. Wimpy, for do
icndantß.
L; ilia Brightwell, vs. The State. Arson,
from Webster.
McCay, J.
Section 4318 of the revised Code, pro
viding that “arson in tho day time shall
be pupisbed by a shorter period of im
prisonment and labor than arson commit
ted in the night” is directory only to the
Judge in the exercise of his discretion as
to the number of years he shall sentence
one convicted of arson, and it is not ncce:»
sary in tho indictment to charge that the
offense was committed ia the day or in
the night.
Judgment affirmed-
Hawkins & Burke for plaintiff in error.
S. Wise Parker, Solicitor-General.
C- T. Goode for the State.
W. R. Statham vs. The State.. Obstruct
ing legal process, from Webster.
McCay J.
1- An indictment for obstructing legal
process is not one of the cases which, un
der section 4C09 of the revised Code, may
be settled between the prosecutor and the
defendant, nor is it within thy power of
the Solicitor General, after the supposed
settlement of such a case, to enter a nolle
prosequi of it by handing a paper to that
effect to the clerk. A nolle prosequi, as it
must go upon the minutes of the court,
must be made in the presence aud with
the knowledge of the Judge; and in cu.-es
not authorized by law to be settled be
tween the parties, must be by consent to
the Court.
2. The propriety of appointing a Solici
tor General pro ti m., in consequence of
the interest of the Solicitor General in the
case, is largely in the discretion of the
Court, and this Court will not interfere
unless that discretion is abased, and the
Court may appoint as Solicitor General
pro tern, a practicing lawyer of the Cir
cuit who does not reside therein.
3. It is in the discretion of the Court
to permit leading questions to* be put to a
witness who shows a reluctance to answer
the questions of the party who calls him.
4. When a Judge, in his charge to the
jury in an ii dictment for obstructing legal
process, told the jury that if the defendant
acted against or resisted the Sherili', either
by physical force or by argument, lie was
guilty, and tho proof cleariy showed that
he did resist by physical force:
Held, That though the charge was er
roneous in stating that the resistance
might he by argument, yet, as the verdict
was clearly right under tho proof, a now
trial will not he granted.
Judgment affirmed.
Hawking & Burke, Thos. R. Pickett, for
plaintiff in error.
C. T. Goode, Solicitor General, pro lean.
for the State.
Supreme Court of Georgia.
JANUARY TERM, 1871.
Order of Circuit.‘t.antl Nurrber of Cases
from Each..
Blue Ridge. Atlanta 17
Western 1 Rome 5
Southern Cherokee 11
South Western...ls Northern- 9
Pataula 27 Middle
Chattahoochee 27 Oemulgee 9
MacoD 13 Eastern 10
Flint 12 Brunswick 4
Tallapoosa 10 Albany 19
Allapaha | Augusta 9
Friday, January 27. 1871.
Case No. 13, Southwestern Circuit—
Glass el al. vs- Clark & Morgan—was ar
gued by N. A. Smith, Esq., for plaintiff
in errrr, and by Col. W- A. Hawkins for
defendant in error.
No. 14, Southwestern Circuit—Tornli
son et al, vs. Hardwick et al —was argued
by N. A. Smith, Esq., and Col. C. T.
Goode for plaintiffs in error, and by Col.
W. A. Hawkins for defendants in error.
No. 15, Southwestern Circuit—John
son, administratrix, vs. Stewart el al.----
was argued for plaintiff in error by Cal. C.
T. Goode and for defendant in error by
Col. W. A. Hawkins.
The Court adjourned till 10 A. M., to
wonovt.- -Atlanta Era.
Hules lor Playing Onto a Organ Into
a Meeting.
BV I’. BENSON, SB.
When the preacher cunis in and neels
1 down in the poolpit, pool out all the stop-
I pers. That's wot the stoppers is for.
When a him is gave out to be sung, play
over the whoal toon before singin, but he
sure to play it so they can’t tell whether
its that toon or some other toon, it will
an loose the people to gess.
When you play the interloods, sum
times pull all the stoppers out, and sUm
tiines pull them all in. The stoppers is
made to pull out and in
Play the interloods about twice as long
as the toon. The interloods is the-best
part of the rnewsic, and should he the
longest.
Play from the interloods into the toon
without letting them kno when the toon
begins. This will teach them to mind
thare bizness.
Always play the interloods faster oi
slower than the toon. This will keep it
Irom bein the same time as the toon.
If the preacher gives out 5 virces, play
4. Too many virces is teejus.
Doorinthe sermon go out of the church,
and cum back in time for the next toon.
This will show you doant mean to be hard
on the preacher by bavin tew menny list
nin to him at wnnst.
The average number of railway travel
lers injured by accidents is said to be only
one out of every half million,
The razor is the weapon of offense and
by colored gentlemen in Sa
vannah,