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About Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877 | View Entire Issue (Feb. 15, 1871)
Chronicle i Sentinel <j __ WKDXKBDAT MOBSISM, FKBKIAKY l ». The Case of senator Miller. It is the general opinion that the pass age of the bill dispensing with the test oath does not reach Senator Miller a case, and that before he can be admitted he will require a special act removing his disabil ities.— Washington Telegram. This is the newest special pleading, and is unworthy of such a body as the United States Senate is presumed to be. The passage of the act referred to dispenses with the requirement of the test oath when members cotae to qualify. It per mils them to be seated without the taking of that oath. It does not refer t o their eligibility either at the time of their elec tion or at any other time. It merely re leases a certain class of officers from the requirements of a Congressional statute. ar.d this without regard to the time of their election. A Xew hailicitl scheme. The Frecdmen’a Bureau was established to coddle negroes and white refugees. No degree of distress or vagabondage ever could bring the latter to such a refuge in in numbers at all considerable. Ihe con cern is now brought up uuder anew shape, still exclusively for the Bouth, and so con trived as to force a “ loyai ’ schoolma-ter, with his cant on his lips, his birch on his right, and a sword on his left, between every Southern parent and his child. I*or this purpose it is necessary to violate the Constitution, to create swarms of expes bivc officials, to impose grievous taxation, to solemnly enact a falsehood as a pream ble, and to contrive a legislative trick to save the Northern States from the opera tion of the measure. The bill “to establish a system of na- tional education” provides that “any State may, at ifs election, in lieu of the I tax provided for by this act, provide for all the children within its districts, between the ago of “lx and eighteen yearn, suitable instruction," etc- I Cany State shall, bc fbru Ist July, 1872, “by a resolve of its Legislature, approved by tho Governor, engage to make such provision, and shall notify the President ot the United States thereof, all future proceedings for ap pointing the officers provided herein, or for the assessment or collection of the aforesaid tax within such State, shall be suspended for twelve months from date. If, at the expiration of the said twelve mouths, it shall be proved to tho satisfac tion of the President of the United States that there is established in said Bt&tc a system of common schools which province reasonably for all the children therein, who dwell where the population is sufficiently dense to enable schools to bo maintained, suitable instruction in the aforesaid branches, no further steps shall bo taken for the appointment of officers or the as sessment of tho tax therein; otherwise he shall proeeod to cause said tax to bo assess ed, and said schools to be established within such Btatc for with thereafter.” (Section 19.) The President’s judgment of tho prac tical sufficiency of a school system in re mote communities, taken as a persona] opinion, would bo ridiculous, oven it a far bettor schoolmaster were President. Os course it cannot be practicable for him to judge such a question himself, and in merely adopting the advice of others, how could ho fail to accept as “reasonably’ satisfactory any system in operation in the North or West, or likely to be projected ? They would deserve and receive the recog nition, and, therefore, it is a senseless sub terfuge to draw this bill in the shape of a statute of general application, when it can not apply except to States in which pro vision, to the satisfaction of Iresident Grant's counsellor* on the subject, shall bo mado for the education of all colored children, together with whites. It is, therefore, to bo treated as a now recon struction measure, necessarily local. And what is this new system of recon struction'< It provides, under tho Com missioner of Education and the Secretary of the Interior, a “State Superintendent of National Schools,” to he appointed by the President and Senate ; for each Congress man, a “division inspector,” to be ap pointed by tho Secretary of the Interior ; for a “division,” and for each division, sub-divided into school districts in his dis cretion by the State Superintendent, as many “local superintendents” us there are districts, to be appointed by the Secretary of the Interior. Besides all these, come teachers, etc. For a general system, in tho spirit of the preamble of this bill, fifty would be a high average of attendance. For every fifty children, therefore, in tli# South, there is to he a schoolmaster and a schoolliouse, and for every two or throe schoolmasters a local superintendent, besides as many “division inspectors” as there arc Con gressional districts, and a general .super intendent for every State. In these hands the system of education, the discipline, the books, bv express provision, are all to be placed, and to remain thero until it may please the President to lift them off. iiut not that alone. This outrageous usurpation is not even to pay its own ex penses. Under the grossly unconstitution al l'orui of a “ direct tax” the very salaries and spoils of their oppressors are to be paid by the victims. The Southern child’s estate is to be impoverished to pay the expense of corrupting his own heart. That tho education is political and senti mental would be taken for granted by any fair mind acquainted with the cant and idolatry of the "loyalty” which is the spring ot this imposture ; but the fact is od the face of the bill, in the provision for lodging all the patronage, exoept the President’s, in tho head of the Interior Department, and not of that of the Edu cational Department. Would that be mis taken for a postal law of which the execu tion was committed to tho State Depart ment ? The cases are parallel. We need not further consider tho bill, though we havo adverted to but a few of the objec tions that start from its face.— Patriot. The Stale Hoad--For Shame. Some time since it was announced in the Atlanta papors that the r.cw company, of whieh ex-Governor Drown is the Pres ident, paid into the State Treasury the sum of $28,000 —being the amount due, in accordance with the terms of the frau dulent lease for one month and a little over. This statement has found its way into all the papers of the State; but it now turns out to have been untrue. The amount paid in up to Sth February is ten thou sand ($10,000) dollars, ail told. What was the object of the Atlanta papers in giving currency to this false state ment ? Was it to bolster up the new management ? Treasurer Angier tells us that "the papers have been informed of this fact."— that the Brown-Bullock combination have only paid into the State Treasury for one month and a half ten thousand (10,000) dollars. And yet the Atlanta papers, for ought we know to the contrary, have failed to correct a grievous misrepresentation. Are all the Atlanta papers so enchanted by the magnetism of public pap in the shape of Executive and State Road printing as to be oblivious to the true interests of the people? We look for better things from the Constitu tion. The following corresponded-: exposes the trickery of' this shameful misrepresen tation : Kingston, Ga., Feb. 9,1871. Jylitors Chronicle & Sentinel : Some few days since the Atlanta news papers came out with the announcement : “ $28,000 paid into the Treasury by J oseph E. Brown. President of the New Western and A. R. R- C 0.,” and upon seeing the announcement I had a conversation with Col. M. A. Hardin, who informed me that Dr. Angier, the State Treasurer, told him but SIO,OOO had been paid into the Treas ury by Gov. Brown. Upon this informa tion, I addressed a note to Dr. Angier. and the enclosed is the reply to my note. The lease is extremely unpopular with the people in this section on account of the foreshadowing of an oppressive ad mini tration of the road, by reducing the price of daily labor, wood and cross-t’es, and very heavy advance in local rates of freight, consequently giving the Western farmer and n erchant a very great advantage over the Georgia farmer aod merchant. The Georgia farmers and merchants have the privilege of paying taxes to keep up the road for the benefit of the Western farmer and merchant. Pleas# publish Dr. Ac gier’s note, and let the people know what sort of hands their property has fallen ic to, and that the “watchman upon the tower Las betrayed bia trust, and failed to annouDcedaDger or the hour of the night.” This letter you can use j if you think it at ail worthy of your notice. Very respectfully, ’ E. V. JOHNSON. State Tkeasukee's Office, ) Atlanta, Ga., Feb. Bth, 1871. ) E V. Johnson, Esq., Kingston: Dear Sir: Your favor of yesterday re ceived. You are correctly informed as to the amount paid into the State Treas ury from the Western and Atlantic Rail road lessees. Ten thousand dollars is the hUtII total that has been received. The papers have been informed of this fact. Respectfully, yours, N. L. Angie R, Treasurer. Decisions or the Supreme Court of Georgia. Delivered at Atlanta, Tuesday, January 24, 1871. [ REPORTED EXPRESSI.Y FOE IHE CONSTI TUTION, BY N. J. HAMMOND, SUPREME COURT REPORTER.] Wm. A. Smith and Jas. W. L ioper, plain tiffs in trror, vs. W. L. Byers et al, de fendant in error. Belief, from Dawson. Warner, J. When a bill was filed by the complain ant* as legatees aeainst the defendants as executors,, aliedging mismanagement of the estate in their hands, and a breach of trust on their part, praving for an amount, and the appointment of a receiver to take charge of the trust funds; and on the trial of cause, it appeared in evidence that the executors sold the estate in #IB6O for cash, with which they charged them selves in the returns to the Ordinary, but attempted to discharge themselves on the ground that the money, or a considerable amount thereof, had been converted by them into Confederate money, which be came worthless in their hands. The jury found a verdict for the complainants for the sum of five thousand dollars to be paid to the receiver when appointed, and dismissed the executors from their ex ecutorship of the estate. A motion was made for anew trial, which was overruled by the Court. Held, That it was incumbent on the executors, in order to discharge them selves from accounting for the money re ceived by them, by the sale of the testa tor’s property, to show to the satisfaction of the Ooert and jury that the money in their bauds had, in yood faith in the per formance of their duty as trustees, been received and invosted by them, in Confed erate money, at a time when a prudent man would have done so in tho manage ment of his own affairs, and that the question whether the defendants had so acted was a question for the jury under the charge of the Court. Udd, further, That there is sufficient evidence in the record to question tho ver dict, and that there was no error in the charge of the Court, in submitting the question to the jury, nor in the refusal of tire Court to charge as requested by de fendant’s counsel. The jury were the ex clusive .judges as to the verdict and weight of evidence of the defendants themselves, who were examined in their own favor. J ndgment affirmed. W. L. Smith, J. N. Dorsey, Weir Boyd, for plaintiffs in error. If. F. Bell, Geo. D. Rice, S. C. Johnson, for defendants. Jos. D. Murphy, plaintiff in error, vs. Wm. 11. Greggs, defendant in error. Eject ment, from Habersham. Warner, J. When on the trial of an action of eject ment, it was proved by a witness that the plaintiff had admitted that a certain boun dary line to which defendant claimed was tho true boundary line between the par ties—to rebut this evidence of acquies cence of the plaintiff, as to the boundary line between the parties, a witness was offered to prove that the plaintiff had re peatedly said to him, that lie was not sat isfied with defendant’s claim to the line set up by them, and had always denied their right to hold that line—these decla rations were made before the commence ment of any suit: Held, That these declarations of the plaintiff were admissablo solely on the ground of rebutting the plaintiff’s acquies cence in the boundary line, as claimed, and for no other purpose : Held, further, That when the jury re turned Uieir verdict into court, ami their names are oalled over by the clerk, it is not such an error in law as will authorize the court to set aside the werdict, to refuse, on request of defendant’s counsel, to ask the jury if they have agreed on a verdict without stating some legal reason to tho court for making such request. Judgment reversed. A B. Irwin, Hutchinson & McMillan, H. P. Bell, for plaintiffs in error. j. F. Langston, J. B. Estes, for de fendant. William Webb et al, plaintiffs in error, vs. Beverly Parker et al, defendants in error. Equity, from Sumter. Warner, J. Where an action of ejectment was brought in tho Superior Court of Sumter county to recover the possession of lot of land, No. 127, in the 27th district in said county, and on the trial thereof a verdict was rendered in favor of the defendants, and a motion was made for anew trial, which was granted by the Superior Court, to which the defendants excepted, and the case was brought up to this Court #n a writ of error, and upon the hearing of the case in this Court, it appeared from the evidence contained in the record that the copy grant from the State to Wm. T. Scott, under whom the plaintiffs claimed to derive their title to tlie lot of land sued for, was to lot No. 107, iu the 27th dis trict, in said county, and not to lot 127, which was the lot of land sued for ; and j this Court lieiug of the opinion, from the evidence in the record before it, that the plaintiffs had shown no title to the lot sued for, that the verdict for the defen- ! daiits was right, and reverses the judgment of the Court below granting the new ! trial solely on that ground alone. After I the judgment of this Court was made the | judgment of the Court below, the plain tiffs filed their bill for anew trial, alleg ! ing that, in fact, a grant was issued j by the State to William T. Scott, under whom the plaintiffs in the ejectment suit 1 olaimcd title, to lit No. 127, and that i there was » mistake in the number of the lot in the copy grant, that it should have j been to lot No. 127, and not to lot 107, I and that the plaintiffs in the Court beiow, now complainants, Lad no knowledge of I tho mistake in the copy grant until after ! the trial and the signing and certifying the bill of exceptions to this Court. The com plainants allege that the counsel for the defendants told the counsel for the plain tiff's that they had a copy of the plat and i grant to tho lot of land in dispute, and that it would not ! e necessary lor plaintiffs to obtain one, as the counsel for the defer a nd! ants would furnish it on the trial; that relying upon this siatemcnt of the de fendants counsel, the plaintiffs did not procure a copy of the grant, that upon the trial the eouusti for the defendants in pursuance of said agreement did furnish what purported to be a copy of said origi nal plat and grant issued from the Secre tary of State’s office, remarking at the time, ."Here is a c >py, plat and grant, we make no point upon that,” the counsel for the plaintiffs believing, as was stated by the counsel for the defendants, that it was a copy of the original plat and grant of the lot of land ia dispute, did not criti cally examine it, ar.d it was offered in evidence. The deiendants demurred to . the bill for want o‘ equity, which was sus tained by ’he Cou t beiow, and the bill dis missed. He’d, That the allegations in complain ants’ bill make sue' a case as entitles the complainants to robot on the ground of mistake, surprise anu misplaced confidence in the statements of the defendants' coun sel in relation to the copy, plat and grant, whether intentional or otherwise ; the more especially as the judgment of this Court reversing the judgment of the Court below, was placed on the sole ground that the copy grant was to lot No. 107, as 6et forth iii the record then before it, but which is now shown to have been a mis take, and the lot in dispute, No. 127, was in fact granted to Scott, under_ whom the plaintiffs claimed and not lot No. 107. Judgment reversed. B. Hill, N. A. Smith, for plaintiff in error. Hawkins & Burke, for defendant. A Rank MsssKNOEr. Robbed.— The mes senger of the Chatham National Bank had a wallet, containing notes and drafts to the amount of over $23,000, stolen from his pocket last Saturday, between 11 and 13 m. lie does not exactly know when the thelt was committed. He stepped into the post office to make an inquiry, and while in the lobby some person rushed by and jostled him. Soon after he was jostled by two or three persons together, while passing along Dey street, and presently he discovered that his wallet was missing. Payment was immediately stopped, so that the bank loses nothing, and suffers no in convenience except the trouble of obtain ing duplicator of the lost notes. — N. Y, Tribune, Feb. 7, BKARD vs. CORKEK. TESTIMONY CONTINUED. Aaron W. Gilbert, sworn—l was a voter ! in Burke county at last eleetioo ; I was a candidate for State Senator for the sth | District; Burke county is one of the coun ties in said District ; during the late elec tion for Congressmen, I was part of the time ir> Burke county, part of the time in Ssriven ocuuty aod part of the time in Augusta; on the morning of the first day ot election l was in Waynesboro; the polling places frr that county were the Court House in Waynesboro and at Alexander ; I was at the polling place in Waynesboro part of the day ; I got there in the morniog be- ! tween 10 and 11 o’clock; the voting had! not commenced ; I can t say when voting | commeceed; I returned again to the polls about 12 o’clock : they were voting when I reached there; I saw challenging at the polls for taxes ; mv attention was called j by a certain colored man about the time I first got there, after 12 o’clock, to the fact ( that voters had been challenged for the non-payment of taxes ; they did not state tome what kind of taxes Ididn’tbelievethe fact aod asked R- H. Kirk to try it; he was challenged by Mr Perry one of the managers; he refused to answer the question and his vote was not received ; I left for Au gusta about 3 o’clock, on the train, the same day ; I didn’t know, of my own knowledge, any others being challenged and refused the right of voting on account of non-payment of taxes previous to my departure for Augusta ; I telegraphed to Governor Bullock from Augusta that they were challenging voters at Waynesboro for non-payment of taxes; I returned to Waynesboro that night ; I was at the voting place next day ; I remained there until the polls were closed for dinner ; be fore dinner the only thing I knew that was employed to prevent voters from votiDg freely was non-payment of taxes ; I know of one other that was prevented from voting at that time , Mr. Wimberley and Mr. Williams came to mo after din ner, and one said, “I am going into this shop, we had all better withdraw together, for their is going to be a riotl said “that I did’nt believe it;” I went on up to the polls; my attention was then called to a white man who was to club me; I watched them very closely, but appre hended no danger yet; I thought I could get out. of the way, and went ioto my office and locked the door; I did this be cause I saw all the Republicans leaving, having aoy influence, and beffig myself there I feared more trouble and left the polls ; when Mr. Barret came in front (who is a white Democrat), and Mr. Ran- dolph Ridgely, who is also a white Demo crat, said, “Berry, who have you got locked up in this shebang ?” he says, “I have no one in there but the barber ;” Mr. Barret demanded that the door should be opened ; 1 concealed my self, and told Dennis to open the door ; he walked in about two steps, aod Ridgely staid outside ; Barret exclaimed, “the damn’d black son-ofa-bitch is Dot here, we will cut him off at the depot;” I walked out, and, believing that both corners of the street were watched for me ; as my office sat near in the centre of the square, I decided to go again to the polls opposite; remained there some half an hour, whou Mr. Jinks Jones (a white man and a Dem ocrat) came up in a buggy, saying, “we will carry the election in this county ifit costs me $20,000;” I returned again to my of fice; on coming out again I met Mr. Jas. Barret, Randolph Ridgely, and Mr. D. Cox, a white man, and Democratic can didate for Legislature, and other white men, whose names I cannot call; Mr. Barrett exclaimed, “here is Gilbert, the d—dson of a b—ch, let’s catch him and kuklnx him at once, if nothing more than paddling him;” at that time Mr. Thomas Belt, white man, and Deputy Sheriff, cried out, “let him alone;” they paid no atten tion, but followed me closely, and I fled to the woods for safety; I returned to Waynesboro on the train reaching there about three o’clock Thursday; I did’nt go to the polls on Thursday, the last day of the election, bui went to my office opposite the polls; I was not at the polls that day ; I know of no other voters vho were prevented :' om noting except one man who said he could not vote as he wished to, and would tot vote at all; I knew one man who was intimidated from voting; his name was Dave Lark; he acted with the Republican party; I think the threats against myself would have been carried into execution if I had not left; I should have received serious injury or been murdered; there were two colored men dodging arounu the polls and the balance had left; 1 believe frightened off; after I was driven from the polls on the 2d day I did not see any of the leading Republicans at the polls ; the effect of driving away tbo leading Republicans from tho polls was to prevent the Re publican party from polling as many votes as they would have done; the Repub cans ol Burke county were well organized in every militia district; I visited eight districts out of sixteen in the county ; from my conversation with them and what they said to me I think the colored men of Burke county would have cast a majority vote in lavor of the Republican ticket; the colored vote in Burke county is, ac cording to my judgment, about 1,700 ; in my opinion, from what I know and what I heard the voters say, I think between 200 and 300 colored voters would have voted the Democratic ticket freely; the white poll in Burke is between 700 and 800, in my opinion ; I can’t tell how many white polls vote the Republican ticket; I did not act with the Democracts in 1868 ; my conduct was not such as to lead people to believe that I was then acting with the Democrats in Augusta ; I published in papers that I was not doing so ; the reason I published such a statement was because I had been told that my name was on tho Democrat roll as having been present at one of their meetings ; in 1868 I was at a meeting in Augusta of the colored meu to form a Democrat club ; I did put mv name down on the lists of its members ; 1 did not say anything in the meeting ; I did not meet with them the second time. Aaron W. Gilbert, cross-examined—Mr. Wood (the Clerk) has been • talking with mo about my testimony since the Court adjourned; 1 cannot commit to memory what he said ; I attended the Republican Congressional Convention in Augusta, as a delegate lrom Burke; R, H. Kirk was a candidate in the Convention ; he was de feated ; afterwards ho went back home and proposed to run for the State Senate ; I I was looking to the same thing; Ido not recollect to have heard Kirk ask for tho nomination; in Burke I said he was a crazy man; I said so because he acted stupid in opposing some party measures ; the party in Burke left it to the delegates to say what they should do about the nom inatioD: I heard several of the members of tho Convention express dissatisfaction; I said that Burke oounty would repudiate the nomination of Fannin ; I was tho only one in Burke county dissatisfied, accord fog to my knowledge ; after the Augusta convention, the. party in Burke appointed delegates to the Greensboro convention, but they were withdrawn ; I was one of them ; from what I know and saw I think that more than I and my party were dis j satisfied with the nomination ; I heard j none but myself propose sending delegates to Greensboro ; I proposed it and left ; I did not go to Greensboro because I thought it would unite the party in other I counties ; I did not think there were any divisions in Burke, to my knowledge. Gilbert resumed—l voted the first day "of election : do one objected to my voting; can’t say how many voters were prevented from voting on account of nonpayment of taxes; can’t say that there were five; I heard ot or saw no colored voters who tailed to vote the Democratic ticket on ac count ot intimidation and threats used to ward them by Republican voters ; I used no such language to colored men as that "if they did vote the Democratic ticket they would repent it,’’ to my knowledge ; I might have used suoh larguage betore the election, during the campaign, but don’t recollect it; (the witness here said that he wished to make that last answer a decided negative); Adam Rainier, a color ed candidate for Slate Senate, ISth Sena torial District, or aDy friends of his, did not come to me, or any friends of mine, and offer to unite with our ticket if we would give them one place on said ticket; there was no more opposuion in my party to my being a candidate for fttate Senate from that district than usually exists in all political organizations of such a character; I saw bat two tickets for State Senate in said district during the late election ; one of them was a Repuolican ticket, and the other was said to be a Democratic ticket ; I mean the straight Democrat tieket , I did not read this iasL named ticket ; I can’t say whether Adam Palmer was on it as a candidate or not; no Democrat, nor any white maD, ever struck me or done me anv violenoe during my residence in Burke county: I believe the personal property of law-abiding colored men is perfectly sale in that county; I don't know that l was called in that county a colored carpet bag ; ger; carried a trunk there when I went; | R. H. Kirk and myself never had a fall ing out, or ceased speaking to each other ; there was no bad feeling on my part to- ! wards him; can’t say as to his feelings to- j wards me. Re-direct—Beard’s and Fannin's were the names on the Republican ticket for Congress ; to the best of my knowledge and belief, they were supported by the majority of the Bepublicans in that coun ty who voted ; to the best of my knowl edge and belief, between 300 and 300 Re publicans opposed Beard and Fannin for Congress; Kirk supported them. (Ob jection made by contestant to going into conversations held with Judge Gibson. Objection overruled by court. ) in a conver sation with Judge Gibson he stated that Beard's name must be taken off; I asked him his reasons; he replied that Beard claimed to be a white mania Georgia Legislature, and a Democrat, and he had rather have a good Democrat; then the conversation ended between myself and him ; I heard Judge Gibson say farther to Judge Me- Key that Beard’s name must come ofi ; Juice McKey replied, “We can t do that, Jadg p , it is too late;” Judge Gibson then said, “Well, I wish it dons forjudge. Corker is a good man Me Key replied “yes, but he is a Democrat; there was more said, bat I paid no further atten tion, as I did not like the conversation ; besides myself and uoge Gibson there was McKey in the room ; I can’t recol lect who came besides these ; this con versation of Judge Gi ison’s Lad but very little effect in divid: ig the party and causing many to vote :• gainst Beard and for Corker ; I was told of one man that was influenced by Judge Gibsun to oppose Beard for Congress; his Dame was John Warren ; I believe John Warren had . a great deal of influence at the late elec tion ; to the best of my knowledge and be lief not ten Republicans were influenced to vote by him ; (the witness said that he did not understand a foregoing question, ana, therelore, changed his answer relat ing to the influence of John Warren, by inserting that he did have influence among the Democrats); John WarreD’s influ ence in the Republican party was quite small. Rebuttal—S. A. Corker was a favorite among the colored people there generally, and popular personally but nor politically ; I don’t know whether or not Judge Corker was a law student in Judge Gibson s offiee. Jerry Bland, .colored, Waynesboro, Burke county, sworn and testified —I live in Burke county ; I was a voter there at the late election for members of Congress; I belong to the Republican party; I was at Waynesboro during the three days of elec tion (21, 22, 23 Dee. last); I wEsat or near the polls while voting was going on ; I did see things calculated to prevent a fair election; the white Democrats rau off the Republican leaders; these leaders were Aaron Gilbert (colored), Mr. Wimberly (white), Mr. Williams (white), a certain Bam. McKey, Henry Jackson (colored), Capt. Kirk (white); the Democrats come to Gilbert’s office the second night of the election, about ten o’clock, rapped at the door and inquired for Gilbert; after they rapped, wc asked “who were there?” the I reply was that it was Dr. Duncan ; I don’t know what t arty he belonged to, ho acts with the Democrats; I said, “open thq door, gentlemen;” he came in and asked, “where is Aaron Gilbert?” I replied, “he isn’t in;” he said who is that on the couch ?” I replied “it is Alfred Bethel, the blacksmith, and Dennis ;” Gilbert was over at my house at the time ; tho next day I heard several Democrats threaten Gilbert, saying, “let’s take him off and paddle him”; after they had run off all the leaders, they said, “we will get them to night;” also a company of Democrats (white) went to his office the second day, before the polis had closed in the after noon ; they rapped at the door, which was closed, parties inside asked, “who was there;” they replied, “G—d d—a you, open this door;” there was a little counter inside his office, by their voice I knew they were white men, and I told him to slip under tho counter; they came in and asked for Aaron Gilbert; the reply was that he was not in; there were several at the door ; two came in that I did not know ; then they went off ; I told Gilhert to get away from them as soon as he could ; I went cut and John Johnson took him (Gilbert) out; after tivy came out they beckoned to me and Gilbert said be had no money to get away on the train ; l said that l would give him tho money and that he had better get away as soon as he couid or he would be a dead man ; I couldn’t raise the money right away, and so I said “Alfred Lee you and John son carry him to my house and they carried him away ; I staid about in Waynesboro and heard threats made by white Democrats against Capt. Kirk; Wimberly and Williams, saying “we will have them to-night ;’, went home to my house and found Alfred Lee (colored), Aaron Gilbert (colored) and my wife ; I said to Gilbert, you had better go ; I have got the money, but it won’t do for you to go to the train ; they said that they would have you, Capt. Kirk and Wimberlv and Williams to-night; Gilhert left and I went with him ; ws went to Mr. Wimberly’s, found him at home and told him what I had heard the same as Gil bert ; he sent out and brought all the colored people around that were friends to the Radical party to como and guard him ; several of them came ; all of us staid there all night, none of us slept; next morning, the last day of the election, Aaron came back to my house about day light ; Lse, Gilbert and myself came to gether ; my wife said no one bad been there ; said, “Aaron go from here over to Bon Jones ;” I will go to your office and get the rest of your things and don’t you come to the depot; when the train commences to go off don’t get in at the depot; I saw him on the train and that is the last I saw of him until today ; I didn’t see the row with Capt. Kirk in the Court House ; walked up just as it was finishiag ; white tr.en were the parties concerned init. Capr. KIrE got info Ins bug gy and dnove away, and did’nt oome bank again during election ; this was in the forenoon of the first day ; I did’nt see any fuss with Wimberly ; did not seo any fuss at all; there was a row where he was; there was a colored man drunk, and he voted the Democratic ticket, and the white men following him up told him to curse the God damn’d Radicals; he cursed Dan Godby (colored Republican) fora damn’d son-of-a-biteh ; Godby said, “I never take that from any man ;” so he made at Dan and Dan made at him ; they tried to part them ; Mr. Duncan Cox (a white Demo crat) went .up and struck Dan Godby ; there were about a dozen more (wh'te Democrats) trying to get at him ; a Demo cratic white man said, “Gentlemen, you are wrong, you are in tho wrong about this man ; you ought not to beat him;” and he rushed in and stopped the fuss ; Mr. Wimberly and Williams were with us at the shop when the tuss commenced, and when they saw the white men come rush ing up they jumped oat the back part of the shop and left, and when the white Democrats saw them go they asked who they were going out the back door; 1 tried to get them to go out the front door, but they went out the hack, and then one of the white men said, “dim’n them, they had better have gone I heard the white men say that they would whip them (Wimberly and the others) if tiny had staid ; they said that they would’nt allow a Radical white man in the place ; Wil liams and Wimberly heard these threats ; they left on the second day of the election, soon in the morning ; they did’nt come back again ; Captain Kirk ran for an office on the Republican ticket; also, Wim berly; can’t remember what they were can didates for; Williams was another candidate; I conversed with the colored men of that vicinity on and previous to said election; my opinion is that if Aaron Gilbert had remained in his office he would havo been killed ; in my opinion the effect of driving off the leaders was to dismay the voters ; the first day was the prettiest voting I ever saw, the last two the worst I ever saw ; the rows that were made by tho Democrats caused all this disturbance the last two days ; the first day they (the Democrats) challenged, to my knowledge, twenty-five voters and prevented them from voting; I think that these threats, above referred to, made against the Re publicans, did have this effect upon the party ; there were no other threats made, save that they had befen threatening Gil bert ever since he had been there; I know that Gilbert would have been murdered if he had not left there before the polls closed, because I heard threats made by men that I know would have fulfilled them to that effect; I heard a dozen men say ! that he had come there and influenced the niggers in Burke county, and swore that ‘they’d be damned if they didn’t kill him T H/vn’t iinnrr thpir namfit: T ilnn’t- know all the names of the men in Burke oounty ; have only been there three years; I haven’t been in Waynesboro quite two years; I heard Mr. Cox myself say, i "watt anti! night and we’ll get them | all I did not hear Mr, Cox say | that he would kill Aaron Gilbert : we all had arms the night we guarded Wimberly; two apiece; God gave them to us; we did have fire arms; guns, but no pistols: we did not any of us carry fire arms to tee election; not any that were with me; 1 saw no voter cjit, beat, shot or maltreated at Waynesboro daring the late election; I know of no man who was forced to vote for Corker against his wishes; I know of no man who was forced to vote for any Democratic candidate against his wishes; the colored race was in tire larger majority around the polls during election; i never saw any inter ference or heard any threats of violence toward these colored people; it was a fair election as tar as I saw at the polls; j voted last election and voted to suit my- i seif ; no one iqterferred with ruv voting, j The white Democrat that parted the \ combatants as aforesaid was Mr, Ward, ! a candidate; I don’t know how long AaroD Gilbert has lived in Burke county; I have \ known him there over eight months ; he went tare and there oyer the county as he pleased unmolested, I never knew him to , have been interrupted or interfered with in that time ty the Democrats; I am a \ member of the Loyal League ; I was there ; swora to support the Radical party in jus tice and uprightness, it was a rule of the League to swear all wholly admitted mem bers ; I am standing by my oath now, as i far as legal and just. Re-direct—l hope that my testimony is influenced by my oath in Loyal League; mine is, and I hope the rest of the party are; my Loyai League oath does not re quire me to swear falsely to help my party. Ridley Mosely, colored, from Hancock county, sworn —Resides in Hancock coun ty, Ga., member of the Republican party; was a qualified voter ; was one ct the man agers of the election; commenced exer cising duties as manager on Tuesday morn ing, the 20th December, one quarter of an hour affer sunrise ; discharged the duties 1 ot manner for about two hours; aid not exercise longer because Linton Stephens had at Court House a list of the parties who had not paid poil tax for 1869 ; Lin ton Stephens said he would penitentiary ever; one who voted that had not paid taxet for 1969 : colored men said they i woud not regard him; would all go to gether and commence voting rapidly; Stephens came to managers and told them to acminister the oath to voters; we quit | for’awhile, and Mr. Gonderand Adclphus ! Mos: decided it was cot necessery, as the Legilatnre had passed an act that the oaynent of po’l taxes was not required ; we went to taking tickets again for a little while; people voted on as they did before ; | I sawStepbeas talking to Adolphus Moos; | alter that he came to me with what he | sa 'A tj me was a warrant; he said to me, “ Mo*ly, I have taken out this var j rant fir you all, and if you don’t admic ! ister that oath, I wi'l arrest you; Ado’pius Moss and Mr. Gonder .with you; I told him I did not think it necessary ; he asled me if I was going to do it; I told him id; he stepped off from the counter ; I saw him take Mr. Rodgers, sheriff, by the am and brought him to the board; Stephms said he had a warrant for ns; Gondtr demanded a trial; magistrate was sittingthere ready ; we went before him ; after Hr. Gonder had said a few words, Mr. Stephens took the floor for about one hour; this was in the Court Hcnse; we were tried before J. Clarence Simmons, N. P. ex-oscio J. P.; Stephens said in closing that they were not obliged to stop the election by putting them in jail; the election cotld be held under the old law-; that it was a bailable case, but the hail should be hsavy; Stephens said we were arrested for abetting illegal and felonious voting, a flllony which was the failure to pay poll lax for 1869; three managers after Stephens were committed to jail; Gonder, Moss and witness; we remained in jail between four and five hours; did not act as nanagers after coming ont of jail; turned out of jail about 5 o’clock P- m.; do n«t know whether voting had ceased or net; very few colored people were there; did notact as managers af terward duriig election; all the colored people that je saw except one voted the Republican teket; about 150 had voted before I was a-rested, mostof them colored; second day inthe morning I came back to Sparta ; as I same iD met Mr. Berry com ing out ; I vent in sight of the voting place; I went to the polls ; place was in Court House in Sparta ; there was only one voting place in Hancock county ; no colored men were round the polls voting; it was eight or rune o’clock a. m. ; did not see five colored men round the polls : third day I went to town twice—nine o’clooc a. m. and between three and four o’clodt p. in. ; saw no colored men voting; some were round the polls ; talked with the colored people ; know their feelings ; I thiik there is not ten Democratic negroes in lbs county; Mr. Gonder and Whit Johmon are the only white Republicans in tin county ; the niggers said they wouldnot vote unless the managers went back md took their seats ; two others voted after the arrest of the managers re ferredto ; no objection was made to the manages ; nor was aoy voter challenged before Stephens came up to the witness with a paper in his hand ; the Sheriff had a table in Court Boom and issued warrants when called for ; I did not give bond; I signed my name to the bond; I was rde&sed on bond: I .think Mr. Du- Bose, Mr. Buckner and M . Pendleton and othtr white men went on my bond ; they wok all Democrats; the same sure ties signid bail for the other managers; I heard ! Ym Harrison swear that he ad vised the colored men not to vote at the election » Hancook county, after the ar rest of the managers; Hanison, in my hearing, did advise the people not to vote after the now board was sworn in until further oxters ; he said he had dis patch after the Marshal; a dispatch came saying, “let Mr. Stephens have his way, ’twill be right in the end;” tho colored people did not vote after the arrest of tho managers. 1,400 or 15,00 were at Harrison’s house for nearly three days; no Republican in llaaoock county was shot, cut, beat or u:horwise maltreated and prevented from voting by violence ; any qualified voter who had paid poll taxes couid have voted ; Gonder sent word by me to the colored people to come and vote, that there was cm ugh who had paid their noil tax to beat the Democrats any way ; I told them and they said they would not go, that the streets were full of guns and they had been drawn on them ; they would not go back until they gct further orders , I did not vote because I thought] it was useless for me to go to vote when the colored people would not; I was a little fearful about; it Ku-klux had been in the county, and if I had voted when all the rest had not they would have a grudge against me; two Republicans voted after the arrest of the managers. Asa Carrrington, sworn and testified— My name is Asa Carrington ; live at Sparta, Georgia ; I was a qualified voter «t the bite election ; I wae a candidate at Sparta during the late election ; on the first day of election the managers were ar rested, as I should judge, about 8 o’clock in the morning; I saw the managers when they came nut of the Court House door and went to the jail; I went with the mauagers to (he jail; some of the colored people said it was wrong under the present laws to put them in jail ; I said I knew it was wrong ; I said it at the jail door ; I saw at this time fire arms ; the Democratic party had the fire arms ; they had about ODe hundred guns, as nearly as I could judge ; I first saw these guns iu the morning of the first day of the election, between 8 and 9 o’clock ; this was about twenty minutes after the managers were arrested ; the men who had the guns were about twenty five yards from the polls in Broad street; I heaid no threats made at the time except what John Jordan,the lawyer, from Hancock said to rue ; ho said to mo while returning from the jail, “Do you want to fight ?” I said in reply that “if we exercise the present law wo have no right to fight;” he said “if you want to fight wo are now ready for you ;” he was not at that time with the party that had the guns ; I saw him with a portion of that party at ono time ; it was after he had the conversation that I saw him with them ; after the managers wore arrested tho colored voters concluded to leave the polls and go to Harrison’s and await further orders ; they left the polls because they were attacked for taxes, the managers were arrested, and arms were drawn upon them ; I saw no arms in the hands of any of the Republicans at the time; the Demo crats drew arms upon the Republicans and arrested them. ilenry Hammond, sworn and testified— That ho lives in Washington, Wilkes county; I was a qualified voter during the late election for Congress from this dis trict; was at home in Washington, Wilkes county, during said election ; I was at the depot on the evening of the day on which Harris was killed ; we were expecting some speakers that day ; as they didn’t come went hack to the mill to my work ; I was at the depot when the tiain came up; I thought the train stopped in a different position from what it usually did; there was not much of a crowd around then; I heaid uo threats made by any one; soon after I reached the mill I heard the firing of firearms; shortly after Win, Harris came running in the gate just behind me ; directly after he ran in another man came in behind him; I did’nt know who this man was; Harris ran behind the workshop, just inside the gate; the white man came' running in following him around; about the time they got together the white man shot; whether he hit him or not I did’nt know ; I did not heat either Harris or the white man say any thing at that time; Harris threw his arms about the white man’s neck and threw the white man an his face ; Harris ran when the white man rose ; Harris had got about 20 or 30 steps front; him and then the white man shot; he hit him tlipn lor I saw the blood; wnen he shot at him the third time Harris fell: the white man ran up to him and caught hold of him, shoot- j iug him again; Harr s then arose to his ! knees; white man shot him again, I heard j tho white man say "we have got the bully 'at last;” more words passed, but the j rolling of the mill and gin prevented me | from hearing them : Mr. Vi m. Toombs | was going down to where Harris and this I white man were *l'-I* his pistol in his I hand; I was standing in the door at the j time; the ginner asked me f° r a basket of j cotton, and I left the door; I saw nothing : further; Ido not know whether the white man who shot Harris was a Democrat or not; don’t know whether William Toombs acts with the Democratic par ty or not • Harris was a Republican; I was afraid to go to the polls at the late election; I was'afraid to go because I thought there was a prejudice against nje in the Democratic party od that oounty ; my friends persuaded me that it was not best to go; my friends said "that they thought that a mau of my perseverance would be injured if I went; they said that they had been to the polls; the effect of the killing of Harris, (he wounding of Hatley, was to oow the Republican party in that vicinity, don’t know of any tnreats that were used at the polls to prevent them from voting freely ; I have forgotten the names of the Republican candidates at that eleetioh : there were no shots fired , ! there that I know of. . Thomas Henry, sworn and testified Lived in Washington, Wilkes county; I was working at my bench about 150 yards from the depot; the first I saw was Mr. Dericoat; Harris was about ten or twelve steps before me ; Mr. Ran fetrozier was about twenty-five steps before Mr. Dericoat; Mr. Jim Armstrong was be hind him ; Mr. Wm. Toombs was next ; Mr. Chas. Irvine was little behind him; that was the first of my noticing anything about the affair before I left my bench ; I left my bench then to see wfio it was. and • followed them down into Mr. Keough’s lot; I got pretty near to them, within twenty-five or thirty steps aodone of them, Mr. Ran Strozicr, called out telling me, ‘ damn you, Jon’tyou come down here sir. Wm. Toombs raised his pistol and takiugsight by the side of a tree fired at me twice; Mr. Ran Strozicr shot at me twice; Abbie Bowncs (a colored woman) and myself acd Clark Gaines were together; I said to them, “let’s turn around and go back, it won’t do to run upon those men having the pistols as I turned arouud I picked i up a pistol and went on back to my work bench ; I worked there a little while, and Jim Maxwell (wbite)eame up td my bench and accused me of shooting ; I asked him why he did that * he replied that Bill Keoueh told him so; Mr. John Callin (white) spoke to me and told me, as a friend, to go home ; immediately I left and went home ; as I was going uo by the depot I looked back and qaw the men (just referred to as shooting) go up to my bench; I.went home and carried home the pistol; I saw Mr. Derieoats shoot at Har ris several times and shot him down ; Mr. William Toombs shot him twice in my sight ; shooting him in the stomach ; I saw him kick him over with his left foot before he shot; Mr. Derieoats had him (Hairis) by the collar pulling him ever, and Harris was begging him not to kill him ; Mr. Derieoats spoke and said, I “dam’n you, we have got tho bully last that was the last I saw of that ; I voted at the late election ; voted the Ks | publican ticket; Beard’s and Fannin’s were the names on the Republican ticket | for Congress ; I reached the polls exactly ‘ at 8J o’clock, and went up immediately I anl voted ; there were some white people I crowded around the steps at this time ; I j staid at or near the polls about half an ! hour ; I was at work the bal ance of the time during the election ; in the morning Lewis gave me tickets, and I gave them out, and knowing they had accused us for a wrong thing, I went home, not thinking it best to stay there: the ef fect of killing Harris, mortally wounding Eatley, and wounding Washington, was to scatter and intimidate the Republican party in the county. (Contested objects to this answer on the ground that the wit ness has no right to state his opinion with out giving facts on which it is based; over ruled by the court). I suppose I talked with about 150, more or less, upon this subject; I talked often -with the leading Republicans that were living near me; from my conversation with these leaders I gathered that they thought if they should undertake to vote that more of them would be killed; the men who killed Har ris were Democrats; I don’t know of any one that was cut, shot or beat, and pre vented from voting the Republican ticket. Washington Dawson, sworn and testified —I live in Augusta at present; I was a voter at the lime of tho lato election ; was then living in Columbia county; I went to voting place during the election, on 21st and 22d December; they voted at Court House; I weDt there to vote but had to go through difficulties and did not vote ; there were a great many white Democrats out there drinkiog whiskey ; they had pis tols waving about and flourishing them so I didn’t go in their company for fear I should get shot; there was 35 of us went together, members of the Loyal League that I was Vice-President of; and they would not go up to vote on the same ac count; I didn’t see auy one struck at ail; I didn’t see any one that was bruised or irjured in any way ; I heard a great many threats made by the Democrat party; can’t give the names of the ones who made th”m ; made against the Republicans; they said that if we didn’t vote the Democrat tioket that the ku-klux would be after us; on the second day of the election about fifteen men were going to Appling to vote, and when they reached tlie Kiokee bridge, about three hundred yards from the Court House, they were shot at by a party of white men ; the men shot at were colored Republicans and belonging to the same club that I did and had promised to meet at that place ; when the men shot at them they ran and went back the way they came and did not go up to the Court House to vot-; I didn’t see anything else; I intended to vote the Republican ticket; the thirty five men with me were Republicans ; the men having the pistols flourishing about were about thirty yards from the window; don’t know that they prevented other par ties besides our* thirty-five men from voting. ■When this witness had finished testify ing, the contestant announced that bis case was closed, and the examination of witnesses for the contestee commenced : Isaac Heard, colored, sworn and testi fied- That he lives in Wilkes county; I was at the last election for Congressmen in this district; the election was held in Washington for that county; I remained at or near the polk three days; to the best of my knowledge I believe I know that a considerable number of the colored peo ple voted the Democratic ticket in Wilkes county ; of the colored people in Wilkca vj.pjutj', Dome i believe had become en lightened ; they had placed a class of peo ple in Wilkes that I do -not believe was popular; it was the Radical party that placed this unpopular class before the colored people; Lewis Williams, colored, Charles Arnold, colored, were two of the unpopular persons put up by the Radical party; I don’t remember the names of the rest; don’t know any colored man who was forced to vote the Democratic ticket when he wished to vote the Repub lican ; I know of no Republican who was prevented from voting as he wished by threats or violence or anything of the kind ; a large majority of the colored peo ple voted at the late election; I talked with many of the colored people during and previous to said election ; from what I saw and heard the colored people say du riug and a short time previous to the elec tion, it is my opinion that the majority of them intended to vote for the Democratic ticket; did not see any one cut, beat, shot, maimed or otherwise maltreated during lato election; front what I saw I believe the election was a fair one; I was a Dem ocrat speaker and had ample opportunity for ascertaining the views of the colored people in that county; Radical tickets were plenty in the hauds of the colored people during the election ; I believe that there were about three hundred colored men voted the Democratic ticket in 1868 ; I distributed Democratic tickets that elec tion to both white and colored ; there was one or two more colored men besides my self distributed Democratic tickets at that time; one of them was a friend of mine by the name of Askew Shannon; I don’t remember the name or names of the others ; I saw Republican voters cast their votes for Republican candidates duriug late elec tion without threats or intimidation; in my opinion, the effect of the killing of Harris, mortally wounding of Hadley, and wounding of Washington, ten days be fore the election, weakened the .Democrat party; can’t tell about its strengthening the Republican party; don’t know of any Republican voter who failed to vote be cause of said killing and wounding. Abraham Franklin, sworn and testified —That his name was Abraham Franklin ; lives in Washington, .Wilkes county; oc cupation a merchant; was at the depot at the time Harris was killed, Radley and Washington wounded; was at the depot the 9th day of Decomber, having bought cotton ou that day ; went to the depot for the purpose of marking my cotton; about the time I got through marking my cotton I was standing near the railroad pump when the difficulty began between Radley and Charles Irvin: I saw lur. Irvin go where Rauley stood and speak to him a few words ; I don’t know what was said; saw Radley then run his hand under his coat and draw out a repeating pistol and point it at Charles Irvin ; I then saw Mr. Irvin strike him on the arm and knock his pistol up ; then saw Mr, Irvin strike him a £econd blow with his fist; about the time he struck him the second tipie Rad ley came to the ground; I then saw Win. Harris, as I turned about. Come around from behind the car and place himself in the middle of the railroad track, near the pump, and fire the first shot in the direction wherp Charles Irvin and Ijaaiey were fighting ; he fired about three times and then got back on the other side or the car , the fighting then commenced to become general; I drew back about 10 leet and got behind a cotton bale ; I sup pose that I staid there about a minute or two, I then »aw Wm, Harris running in the Direction of W. Li Keough’s mill house; Wm. Harris was falling back and faring at the same time ; saw these par ties ol whites and blacks running in the same direction, X went about midway be tween the depot and the fence that encloses the shop and mill and saw Wm. Harris coming from behind the shop and shoot ! mg at [j, \v. Ilerieoats; X then went tack got o& the dray and went back to town; VV m, Harris shot the 2d time in the same direction as the let; no one fired at Harris before he shot; he was the first that fired ; I was standing on the platform 4 or 5 feet from him when he fired; can’t say that Harris shot at any one else before he ran towards the nidi house, he was firing • I suppose X stood about fifteen feet from where Irvine and Radley were fighting ; I did not see Irvin fire at Radley or Harris; I would have seen Ir vin if he had fired; I saw a negro named Thos- Henry, usually called Henry: 1 saw him towards the last of the fight; I went from the depot towards the fence; ’he was then coming to the gate, when Wm. Har ris ran, with hi3 drawn pistol in his hand, and he ran into the gate ; X did not see him fire ; X did not see him at the depot at the commencement of' the fight ; it is fully seventy yards from where I first saw Henry with his pistol in his hand to where Radley and Irvin were fighting : did not see any one fire at Henry ; did’ not see any one knock off Radley’s hat • there were a great many colored people at the depot on the day of the difficulty , did not see a large number of white men rush in* to the train when it arrived ; I saw one or two go in ; about this time I was mark ing my cotton and did not notice particu larly ; this was before the difficulty be tween Radley and Irvin commenced •; did not hear any white man say ,f damn Bryant, if bo is on this train we will pick his teeth;’’ di i not see any white man, before the difficulty commenced between Irvin and Raodley, ptrike Radley with a pistol ; if any one had struck R-«dley I would have seen it at the time ; I know Jas. Armstrong, the son of Frank Artns strong, of Wilkes county ; did not see him at the depot during the difficulty ; did not see any other colored man fire a pistol during the difficulty. John Warren (oo'ored), Burke county, sworn and testified-My name is John Warren ; I live in Burke oounty; was one of the managers during late election ; was appointed by Governor Bullock; I attend ed to the duties of manager during the three days of election ; the other managers were H. H. Perry, J. B. Jones, Crump \\ imberly and Wilson Wimberly; I was a member of the Legislature of 1868-9 ; I am stili a member of the Legislature; I was among thoso colored members who were turned out of the Legislature ; was afterwards reseated; I am a Republican ; I know Messrs. Bryant, Fannin and Beard ; I do regard them as members of tbe Re pub’jcan party ; they were opposed to the administration of Governor Bullock; the Republican patty of this District is di vided into two wings; I don’t think the nomination of Fannin and Beard for C in gress was satisfactory to the Repub licans of the District; l did not vote for either of them in the late campaign ; the reason that I did not do so was because I did not like the men; I had no objection to them personally ; I did not vote for Corker or Dußose ; I belong to the Bullock faction ; it is my opinion that the divisions in the Republi can party had effect upon the lato election; it had tho effect of causing our defeat; the late election, as far as I saw during the three days, was fair and square ; I wa3 in the house during tbe election; I deposited all the votes in the box myself with the exception of about one hundred ; I do not know of any man that was prevented from voting the Republican ticket; I was sit ting where 1 eculd see part of the line made by the managers fifteen feet from the polls; there was a large crowd on that line ; did not hear any threats or intimida tion made against voters by any portion of this crowd; I did not sec any one challenged for taxes; the late election was as peaceable and quiet as any I have seen in Burke county; the white people, as far as I have seen, do usually acquiesce in the right of colored people to vote; I have never heard of any person objecting to persons voting op account of color or previous con dition of servitude ; I have lived in Burko fifty-three years; Messrs. Bry ant, Beard and Fannin did speak in Burke; while the voting'was going on crowds of colored people were at the lines made by the managers ; while I was out at dinner time I mixed freely with them; about half an hour was allowed for dinner as near as we could get at it; durin: that, time I did not hear any one threatened about voting; I heard of no alarm amongst the colored people; I know Kirk, B'and and Gilbert when I see them ; as for the Republicanism of these last named I can’t give much account of it; don’t know whether they are Democrats or not; I suppose that the tickets they were distri buting during theelection were Republican; did not see any white person attempt to interfere with them in any way ; could’nt say whether or not Kirk was a leader in his party ; he was very active in distribut ing tickets; what I saw of him induced me to believe that he was moro active than the others of his party ; did not hear any one insulted or abused who tried to exercise his right of voting at tho polls; the voting was carried on peace ably and quietly inside the room ; the white people came in at one end of the line by themselves and the colored at the other; the purpose of the managers in making this arrangement was to keep peace; there were United States soldiers at or about tbe place of voting ; they wore there by the request of tho managers ; the soldiers reported one colored man for making threats ; the soldiers said that he made threats to the purport that blood would be shed ; I know that the soldiers brought up a colored man who threatened to kill another man for voting Democrat ticket; the ballot box was secured after each day’s voting by a seal over the key hole ; one of the managers kept the box and another one the key ; I kept the key and another manager fa Democrat) kept the box; I am a Republican; each manager wrote his name on the seal; H. H. Perry, sworn and testified—That he lived in Waynesboro, Burke county ; profession a lawyer ; was a manager at late Congressional election in that county ; received my appointment through the Governor by the Ordinary, ratified by the Senate ; was at the polls during the three days of election ; by common consent of the managers I received the votes as de posited at the polls ; neither saw nor beard aDy acts or threats to intimiila <- any voter, either white or colored, during the time of the election ; I received the votes at the window, which overlooked the crowd in the yard, and from that posi tion could see a great deal that trans pired in the yard, and if any violence or intimidation had been used I believe I should have noticed it, for the majority of the persons at the precincts were in the court yard in front of the polls ; I know Gilbert, Wimberly, Kirk, Williams, and McKey ; none of them were driven from the polls to my knowledge during the election ; they all presented themselves to the polls and each of them voted as they desired, except Kirk ; he (Kirk) came to the polls aud voluntarily informed me that he had not paid the taxes due from him for 1869, to tho county and to the State of Georgia; upon that, I refused to receive his vote ; hia vote was not rejected on account of his non-payment of poll taxes ; he came back and protested against his yote not being received ; and I again told him that he was not legally entitled to vote, and he went away, but returned again in a short time, requesting to kDow if any of the managers would receive his vote; none of them would receive it; after which I told him that he was delay ing the voters, and that if he delayed us any more, he would be arrested; he did not return again ; I know how two of the parties I have named voted; cannot disc lose it on account of my oath of secrecy as a manager. (The Court here decided that the witness might disclose who were, and how the votes were polled, as he did not consider the oath binding in a legs! inves tigation of this character ) They (the voters) came to the polls alone, according to the rul> which had been established and had no restraint whatever put upon their right to vote as they pleased ; I did not, during the time that the votes were being polled, mix with the crowd much, but du log the houis of recess I pa«-ed about amongst them, and conversed some time with white persons, and frequently with colored, on the ground ; the right of voting as they pleased I fully believe was freely accorded to all voters, white or col ored; larn well acquainted in Burke eoun* ty • know of no person or persons who have in any way prevented any persons from voting as they pleasod; the soldiers an guard at the polls were placed thereby request of the managers, in order to facili tate the voters coming up to the poffs, as the crowd could not vyell be restrained in their eagerness to vote ; the name of the omoer in command of these soldiers was Capt- Ransome; I think the number of soldiers in his command was twenty-four • colored man was arrested by the soi rees for having made threats of shedding tire blood of a Democrat vote* - for having voted the Democratic ticket; I think the soldier’s name who made the arrest was Burns. {to be continued. J illaU Tidings, From all tha country contiguous to, and which seeks this city as its market town, we are pleased to learn the disposition of planters is pretty general to plant corn in sufficient abundance to meet their own wants —and of many, to go hack to their habits practiced in ante-bellum times, of raising a sufficiency of hogs to feed the force on their respective farms. This is glad tidings indeed, and under its pros pective influence, our spirits, which have been made to flag under the depressing in fluence of the past year’s agricultural op eratione, already begin to revive. Doubtless there are yet a few reckless of care for the good of their suffering section, who will plant largely of cotton to the neglect of grain. Such are more to be pitied than despised, and we have hope that these erring ones, from the force of the good examplf set them and prosperity attend ing the practitioners, will yet be brought to a proper appreciation of what is to their interest and to the interest of their section. What planter is so blind that he can not comprehend the fact that the very thin? that makes corn high, makes cot ! ton low. Cotton at 25 cents per pound, ' nays a handsome profit on the land and | labor employed to produce it. At a less ! price, its production in Georgia is a poor 1 business. With the production cf 2,750, 000 bales only, this price will be guar anteed. Not only this amount can be produced ip the cotton States of Arneri ca, but with it, ou every plantation, can be made the corn necessary to sub sist the stock andi labor on it. We trust wavering planters will weigh well this matter before planting time, and try the experiment, and plant for the full cf their cribs. Do not fear the production of too much oorn, for be assured that just in proportion as your com crop i« bounteous, will the price of your coftOn tend upwarde.'-CWumb'.s Sun. Telegraphic Summary. London, February 9. —The Queen opened the session to-day in person. Lords and Commons mustered in full force, aDd there was a large attendance of spectators. Tho usual military and civil display took plaoe. Weather fine. The speech had no effect upon stocks. _ Thiers’ majority exceeds all expecta tion. The military chest of the French Armv of the East, containing a million and half francs, was surrendered to Swiss Govern ment. The Germans besieging Belfort have oarried some detached l'orts. The following are the opening para graphs of the Queens’ speech : “ Lords and Genttemen —At an epoch of such moment to the future fortunes ot Europe, lam especially desirous to avail myself of your counsels. The war which broke out in the month of July, between France and Germany, has raged, until within the last few days, with unremitting, and likewise with unexampled force, and its ravages may be more, uniess mod eration and forethought, prevailing over all impediments, shall sway the councils of both parties, whose well-beiDg is so fatally concerned. At the time when you separa ted, I promised a constant atteutiou to the subject oi neutral obligations, and I undertook to use my best endeavors to prevent the enlargement of the area of the war, and to contribute to th’e restora tion of an early acd honorable peaco. In accordance with the first of these declara tions, I have maintained the right and strictly discharged the duties of neutrality. The sphere of the war has not been ex tended beyond tl e two countries originally engaged. Cherishing with care the cor diality of my relations with the belligerents, I have forborne, from whatever might have been construed as gratuitous or un warranted, interference between the parties, neither of whim had shown a readiness to propose terms of aocommoda tion—such as to bear promise of accept ance by the other. I have been able, on more than one occasion, to con tribute towards plaoing the rep resentatives of the contending coun tries In oonfiential communication, but until famine compelled tho surrender ot Paris, no further result had been ob tained. Tho armistioc now being em ploy cd foi the convocation of an Assembly in France, has brought about a pause in the constant accumulation on both sides of human suffering, and has rekindled tbe hope of a complete accommodation. I pray that this suspension may result in a peace compatible for the two great and brave nations involved, with security and with honor, and likely, therefore, to com mand the approval of Europe and to give reasonable hopes of long duration.” Florence, February B.—The Chamber has passed a bill assigning regal honors and a body-guard to the Pope. Havana, February 10. — The frigate Congress sails for Hayti to-day. Fernan do Estrado was captured by the Sub-Pro feet and executed at Mavon. It is report ed that lusurgent Je6us Doll, who surren dered, now acts as guide to the Spanish troops. Vienna, February 9.— The Richsrath convenes February 20th. London, February ]O. —A dispatch from Berlin says the war contribution of two hundred million francs, exacted from Paris, is apportioned as follows: One hundred and fifty millions to North Ger many, aud fifty millions to South Germa ny The report that the Turks are about to form a camp at Shutula, thus threatening Romania, is denied. A dispatch from Versailles, 10th, states that an Imperial German army is in pro cess of formation. The 13th army corps will consist of Wurtemburg and Hessian troops. A violent earthquake was felt at Darm stadt this morning. Tho Standard says the Commission would be more interesting to the people if the basis upon which they arc to act was known. Henry Melville, the QueanV Chaplain, is dead; aged, 87. The German telegraph offices in France have been ordered to transmit French messages regarding elections and provis ioning Paris. The Prussians captured a letter from the King of Sweden, expressing the warm est sympathy for France. Havre, February 10.—Gens. Lefto and Trochu are among the candidates elected to the Assembly in the department of Fin nisleerne. Versailles, February 10.—Returns from eleven departments indciate the elec tion of Bonapartist, Orleauist and Clerical candidates, but of very few Republicans. The duration of the armistice will prob ably be extended, so the Assembly may have time to perfect the work of restora tion. London, February 10- —L’ghts at Cuachaven and on Neuwerk Island, op posite that port, have been rnst««-<>rl, nod pilot boats hare.resumed and will con tinue running during the armistice- FROM WASHINGTON. Washington, February 9.—The Herald has a special from Kingston, the Bth, as follows: “The black troops will be with drawn. The Governor cannot carry out the English laws against squatters until white troops arrrivc. Tbe black troops are unreliable.” The British Minister, by instructions from his Government, and in a spirit of friendship, proposes to the United States the appointment of a joint commission, to sit at Vv ashington, to settle the fisheries and other questions. Our Government has accepted the proposition in a cordial manner, and the British Minister replies, under date of February Ist, that the set tlement of the Alabama claims will also be essential to the restoration of cordial and amicable relations between the two Gov ernments. Extract from the Queen’s speeoh: “I have, therefore, engaged in arnioable com munication with the President of the United States, in order to determine the most convenient mode of treatment for these matters of the fisheries. I have sug gested the appointment of a joint commit tee, and I have agreed to a proposal of the President that this commission be au thorized, at thejsame time and in the same manner, to resume the consideration of the questions growing out of the late war. This arrangement will, by common con sent, include all claims for compensation which have or may be made by each Gov inent or its citizens, upon the other.” The President sent a message to the Sen ate, which has not transpired, based upon the above. There was no serious opposi- I tion in the Senate to the plan or to the commissioners nominated. Delay in the ratification of both, however, is asked for, until documents oauld be printed, so that Senators might have a more thorough un derstanding of the matter. The President nominates Secretary Fish, Minister Schonck, Judge Nelson, ex-At torney General Hoar and Senator Wil liams. as Comm ssioners on the part of the United State s to act in conjunction ; with a similar committee appointed by I England for the settlement of the Ala bama and fishing questions. The Senate will resume consideration of the question to-morrow. .Sunday s Dispatches. FOREIGN, I’arls, February 12 --The returns are not all counted, but the following candi dates are eoncesled to be oert iin'y elected : Victor Hugo, Garabaldi, Blanc Quenet, Gambetia, Larssett, Rochefort, Darran, Schoebelicr, Poet bier, and Deleschuge. Bordeaux, February 12.—There is a great majority in favor of Conservatives. Madrid, February 12.—The Imparial says : In the election for the Cortes in the provinces ody six Oppositionists have been successful. The Government at Paris has abrogated the eequefiration dercees of the delegate Government at Bordeaux. French men-as-war at Havana ask for permission to watch and pursue Gei man vessels durinr the armistice. , London, February 12, —Napoleon has ( issued a proclamation to the electors of ! France, in which he says, substantially : During hostilities be abstained from every word whioh might cause party dlssentions and did not protest against the violation of | his right. When the Empire, which had j been three times acclaimed, was ov-er | thrown and abandoned, he had hoped for a successful defense, but now, when the struggle is suspended, and ail reasonable chances of victory gone, it is time to call to account the usurpers for bloodshed, ar and ! ruin and squandered resources. He says solid peace is only reasonable when the people arc consulted re specting the Government most capable of repairing the disasters to the country. For himself be does not claim his repeatedly confirmed right, but till the people are regularly assembled to express their will, there is only one government whioh, be sides the national sovereignty, capable to heal wounds, to bring hope to firesides, to re-open the profound churches for pray ers, and to restore industry, concord and peace. Florence, February 12. —In oonsc queoce of the interruption of diplomatic relations, the Italian Consul at Tunis has confided the subjeots of Italy to the pro tection of the Austrian Consul. FROM CALIFORNIA. San Francisco,February 12.—Revenue officers captured fourteen unlicensed Chinese segar manufactories, which run only at night. Immensely rich silver mines have becD discovered near Presoott, Arizona. I- ROM WASHINGTON. Washington, February 12.— Nothing from <be Tennessee. A packet will leave Ban Domingo on the Bth and be due at Havana on the 16th, before which time the naval authorities think it unreasonable to expect tidings. No apprehensions in naval circles. Orders have been sent Boston navy vard to prepare the the U. S. steamer Worcester to take a cargo of provisions to France. MARINE DISASTER. Vicksburg. February 12.—The steam boat Judge Wheeler exploded her boiler, burnt and sunk at 6 a. m., at Beil’s land ing, 45 miles above Vicksburg. Killed — Oon Hogan, deck hand ; Thos. Welsh, deck sweep ; and another name unknown. Wounded —Capt. NolaD, seriously; Chas. Story, carpenter, slightlv ; C. W. Pope, of Little Rock, badly. Very little of the cargo saved. THE COTTON MOVEMENT. '.New York, February 12 —Cotton movement for the week heavy in receipts and exports, the former being unusually large. Receipts at all ports 161,095 bales, against 154,482 last week, 150,800 the previous week, and 146,887 three weeks since. Total receipts since Septem ber. 2 510,651. against 1,933.834 the pre vious year. Exports from all ports for the week 95,982 bales, against 63,188 for tbe same week last year. Total exports for the expired portion of the 1,504,993, against 1,037,914 for the fame time last year. Stock at ail ports 661,594, again-t 533,08S this date last year. Blacks at in terior towns 129,066, against 108,836 last year Stock at Liverpool 610,000, against 352.000 last year. Amount of Amerioan afloat for Great Britain, 379,000 bales, against 177,000 last year. Amount of In dian cotton afloat for Europe is 59,107, against 103,339 bales last year. TKLKfiRAPIIIC JUUKKTS. Liverpool, February 9, p. in.—Sales of Cotton shipped in February or March from Savannah, or Charleston, 7}d. for Middling Uplands; ditto from New Or leans, "id. for Middling Orleans. Ar rived: Eva, from New Orleans ; Soa Gem, from Mobile; Missouri, from New Or leans; Tonawanda. from Mobile; Suc cess, from New Orleans, with a total of 13,481 bales. Liverpool, February 10, noon. —Cotton dull and tending oown—Uplands, 7fd.; Orleans, 7id.; sales, 10 000 bales; for the week, 59,000, ot which exporters took 13,000 and speculators 2,000; stock, 610,- 000 ; American, 276,000; receipts, 92,000 ; American, 61,000; actual exports, 17,000; sales ou ship mined at Charleston or Sa vannah-Middlings, 7}d. Liverpool, February 10,p. ui.—Arrived, ship Scotia, from Mobile, between De cember 16th and 23d, with 2,560 bales cot ton; Union, from New Orleans, Decem ber 27th. 2,942; Northampton, from Sa vannah, January 9th, 3,498; bark Golden Land, from Galveston, between December 10th and 17th, 2.309; Defthanen, fr hi New Orleans, December 36th, 2,760 ; Sella, from Savannah, Janusrv 14tb, 1,452; Virginia Dare, from Charleston, January, 2,393; Cbloerie, Irons New York, January 21st, quantity unkowu ; total, 17,904 bales. New York, February 10, noon.—Cotton quiet but steady—Uplands, 15}. New York, February 10, p. m.—Cotton a shade aasier—sales, 3,350 bales at 15}. Wilmington, February 10, p. m.—Cot ton dull and nominal—Middlings. 13? ; net receipts, 154 bales; exports coastwise’ 606 ; stock, 2,538; net receipts of the week! 1,161; exports coastwise, 3,219; safes of the week, 29. City Point, Va., February 10, p. m.— Cotton—net l-ecei pts of the week, 410 bales. Providence, February 10, p. m. - Cot ton— net receipts of the weak, 240 bales. Baltimore, February 10, p. m Cotton quiet and steady—Middling", 15; net re ceipts, 77 bales; gross, 432; exports coast wise, 350; sales, 385 ; stock, 13,360 ; net re ceipts of the week, 1,152; gros-, 4,507; exports eeastwise, 1,600; sates of th’e week’ 2,083 Savannah, February 10, p. tn.—Cotton quiet and offerings light—M uldlings, 14? : net receipts, 2,530 tv les; exnorts coast wise, 1,981; rales, 1,500; -I-•eg, 96,727 ; net receipts of the week, 27,007; exports to Great Britain, 8,811; to the Continent, 3,782; coastwise, 12,488; sales of the week.’ 9,500. Charleston, February 10, p. m.—Cot ton steady—Middlings, i4}@l4? ; net re ceipts, 1,515 bales; exports to Great Bri tain, 2,081; coastwise, 214; rales, 500 ; stock, 37,264; net receipts of the week! 10,180; gross, 10,188; exports to Urea; Britain, 6,100; to tho Continent, 4,3,7; coastwise, 2,529; sales of the week, d,500l Galveston. February 10, p. m.—Cotton quiet and steady—Good O'dinary, 12} ; net receipts, 1,168 bales; exports to Great Bri tain 13,971; sales, l,aOO; stork, 61,744 ; net receipts ol ihe week, 8,080; exports to tho Continent, 1,803 ; sales of the week, 7,000. Boston, February 10, p. in.—Cotton dull and nominal—Middlings, 157(3)151 ; net receipts,44o b-les; gross, 1,60 ; sales, 400 ; stock, 6,500; net rece.pts of the week,’ L 254; gross, 4,507; sales of the week, 2,100. New Orleans, February 10, p. m.—Cot ton steady—Middling, 144(3114i; net re ceipts, 15,165 bales; gross, 15,376; sales, 9,300; stock, 268,904; net i-aooipis of the woefc, ud.HUP; gross, 68,480; exports tt> Great Britain, 19,650; to Bremen, 5 942- to Barcelona, 2,118; to Autwerp, 3,642-’to Hamburg, 1,993; to Baltic port, 1 t(> Vera Cruz 515; coastwise, 3,828; safes of the week, 49,000. Mobile, February 10, p. m.—Cotton quiet—Middlings, 14} ; net receipts, 1 584 bales; exports to Great Britain 3; coast wise, 2,062; Salas, 1,000 ; stock, 80,200; net receipts ol the week, 19,762; exports of the week, to Great Britain, 8,580; coast wise, 4,016. Norfolk, Febrnary 10, p. m.—Cotton steady—Low Middling, 13?(o)13i; net re ceipts, 2,454 bales; exports coastwiz -1,-87; sales, 200 ; stock, 8,947; net rece*, of the week, 11,989; exports to Gres V Uri week, 9 1,a)0. OaStWiSe ’ 11,805; saJ^'ofthe to^Yu°H 0L ’ Feb ; uar y 10 >'evening.—Cot- ton flat and irregular—Ur , au j s 7 jh . 0r leans, 7Jd.; sales, bafes,’of winch an or | f Tnofti 1 '* \ pe ° l,> - tors took 1,‘K)0; stock n ; ! 0 5^ ner -“"' :i:,s *; Halos named on slip a OrleAuj in February, 7?d. for ,n ? Jr eans. Manchester advices are l ss favorable, causing dullness. BiVUrpool, February 11, Doon. —Cotton opened steady—Uplands, 7§d.; Orleans, 7id. ; sales, 10,000 bales. Liverpool, February 11, noon.—Ar rived, Schofield, from Savannah; Peru vian, from Savannah; Douglas Castle, from Savaunah, with cotton—total, 9.567 Dales. Liverpool, February 11, afternoon.— Cotton steady—sales, 10,000 bales, of which speculators and exporters toik 1.000 ; sales named on ship, February and March, Savannah or Chai JestOD, 7-jd. for Uplands; from Orleans, 7id. for Mid dlings. New York, February 11, noon.—Cotton quiet and unchanged—sales, 1,500 bales- Uplands, 151. New York, February 11, p. m.—Cotton quiet and stronger—sales, 2,000 bales at log. Baltimore February 11, p. m.—‘jottoii steady-Middlings, 14g; net ree. lV) ts 125 bales; gross, 810; »x ports coast ’irui. sales, 426 ; stock, 14,089. Wilmington, Februarv n on quiet—Middlings, tSj ;’ n P e { “ceS, 126 ba ea; sales, 287; Stock, 2,684. n’ obrnar 5 r v > P* m.—Cotton quiet Middlings, 15J ; net r»oeiot.«, 455 bule«; groas, 2,495 ; sales, 300; stock, 6,500. Savannah, February 11, n. m.—Cotton quiet Middlings, 14* ; net ree dp-to 3 845 bales; sates, l,10u; stock, 100,072. Charleston, February U, p. in Cofc tonqulet-Middling, lU@IU; net receipts, 834 bales; sales, 000 ; stock, 38,094. New Orleans, February 11, p. m. Cot ton steady and in fairdemand—Middling 14i@)4J; net receipts, 3,120 bales; gross’ 3,397; exports to (treat Britain, 6,894 ■ to Bremen, 1,717; ooastwise, 1,320; sales’ 10,000; Stock, 263.369. | Norfolk, February 11. p. m.-Cotton duU-Low Middlings, 13i@13J; net ro- 9 e *P, tJ, > , 2 ’ 275 Laien; exports ooastwise, 1,8-11; sales, 150; stock, 9,381. Galveston. February 11, p. m.—Cotton weak—(food Ordinary. 12i; net receipts 2,426 bales; exports toUreat Britain 2 932- sales, 1,000; stock, 61,238. Mobile, February 11, p. m.—Cotton quiet—Middling, 14.1; net receipts 6,113 bales; exports coastwise, 1,839 ; sales L. 500; stock, 84,474. ’ Liverpool, February 10, evening. Breadstuff's quiet. Baoon—Cumberland cut, 01s. ; short ribbed middles, 525. Od. Liverpool, February 11, noon.—Corn new, 355, 9(1. New York, February 11, noon.—Flour 6(3>ioc. better. Wliea- firmer but quiet. Corn a shade firmer. Poi k quiet at $22 75 (6)A3. Lard unchanged. Turpentine steady at 51 (a,52. Rosin firmer at $2 60 for strained. Freights steady. New York, February 11, p. ui. — p...„r s@loc. better—superfine State and Wes tern. $6 25(3)6 4't: common to choice ex tra State and Western, $6 unsettled and closing pretty strong—win ter red and amber western, $t 59@1 61. Corn firm at 84(3,854. Pork quiet and steady. Beef steady. Card dolt and heavy. Groceries in moderate request, Navals steady. Freights little firmer. Louisville, February 11, p. m.—Bag ging— nothing doing. Flour quiet—ex tra family, 85 75. Corn firm. Provisions quiet. Perk, 832 50. Lard, 12j. Bacon — shoulders, H; sides, 12(3)121, Hams— RUgar cured, 16; plain, 151, ail packed. Whiskey, 87. New Orleans, February 11, p. m.— Corn firmer at 70(3)72. Cats easier at 61@ 68. Bran, $1 10@1 15. Pork firm—mess, $24. Bacon easier at 10$, 12i@13. Flour, hay, lard, sugar, molasses, whiskey, cof fee, are all unchanged. FOR SALE. My RESIDENCE and FARM on the Georgia Railroad, within *,w o miles of the city. The house confirms fourteen rooms, twelve of them witß fire-places and closets. The farm contains lifey-two acres first quality land, with the TurkneU Spring water, which supplies the city, run ning through th* centre, with the privi lege of using It at any point free of charge. The out-bouaea are large, roomy and con venient, The whole can be purchased for less than the cost of the dwelling house. Terms easy and titles perfect. Ap-ly to A. POULLAIN, Esq., Augusta, Ga., or GEO. W. LAMAR, Savannah, Ga. nov29—(ltuAwtf
