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mm AMERICAN . .UNION.
$2,00 A YEAR.
U S. COMMISSONER’S COURT.
I'ULLIMINARY TRIAL OF ME. LISTON STEPHENS.
We prirtt,, this week, the evidence in
the ease of The United States against Lin
ton Stephens, for violation of the “Enforce
ment -Act” of Congress, the preliminary
examination into which was had before
Mr. J. Clarke Swayze, IJ. S. Commissioner.
The case excited the liveliest interest among
the personal and political friends of Mr.
and tile tour days iif
the trial, the Court room was crowded.
Tlie following is a true copy of the
EVIDENCE FOIt PROSECUTION.
Adolphus Morse, sworn, says: I was a
manager for the county of Hancock at the
late election; I was interfered with in the
discharge of my duties as manager at said
elertiop by Mr. Lin,toil Stephens; tin* de
fendant came in and said to the crowd in
the room that he would have all arrested
who voted if they had not paid their taxes
for the, year 1860. When he made this re
mark some one. wiiu.se name I did. not
know, was voting. He cftine in and said to
witness, “Adolphus, tin* you not going to
put the oath to voters who have.not■ paid
their tax for Tst&'i Witness replied, “No,
sir, r,\ can’t.g<> over the law.” Defendant
said "to witness they, “if you don’t. I >vitl
have you arrested?’. Ho had the warrant
in his hand aJ? tht» time lie said lie would)
have me arrested if did not swear triple
who had not paid taxes for I860; he said
he had t in* warrants for witness, Gonder
and Moseley, managers, also; I was after
wards arrested; (his was on t.iie first day
of the /'.lection; I ylid not finish holding
4 the election, ber.uase I was under arrest; I
was in jail about four hours; a .go-id many
persons were hindered irm v iting by the
arrest of the managers; thgy were not .80
hindered before our arrest.
('rossej-a mined —The question, “who ad
vised you io begin this prosecution,” was
ruled out by tin* Court. It was then pro
posed to show that this prosecution was
malicious and instigated by Gov. Bullock;
ruled by the Court'. When the threat to ar
. rest managers 'wasmade, I was in the court
room standing against the • railing; Mr.
Stephen arrested me; Mr. Stephens issued
the warrant; Mr. lingers arrested me; Mr.
Stephen got out the warrant, and told the
slierilT to arrest; I had this warrant taken
out but I did not arrest Mr. Stephens; I
Was arrested by the Sheriff; it is a mistake \
that IMr. Stephens arrested me; the sheriff
took me before Mr. Simmons, the magi
strate; they closed thip ballot box; all five
of the managers.closed the box and put
our seals on it; Mr. Gonder said to the
magistrate Thai he, witness, arid Moseley
were ready for trial, when we were taken i
before him; I did not hear Tax Collector
Shivers sworn; 1 do not remember to have
seen Mr. "Stephens sworn; I did- nqt agree
when the question as to paying taxes was
raised, that those who had not
ought not to vote; Mr. Simmons committed
us to jail; allowed prvilege of bail; was
bailed out; don’t know who stood bail for
me; 1 did not get any bail; Judge Gonder
nor Moseley got any one to go bail; it was
given by volunteers; never have found out
who did me the favor of going my bail; 1
signed the bond myself; 1 did not notice
who ,signed it as security for me; I saw
Mr. Jim Harley siting by; the three mana
gers, Moseley, Gondeig and myself, decided
that it made no difference whether a voter
had paid his tax for T 869 or not; it was
made to appear to us that many had not
paid taxes for 1869. One was arrested who
had paid his tax. The managers held that
it made no difference whether the voter had
paid tax or not; I did not hear defendant
say to Mr. Gonder, “Uncle Joe, if you per
sist in this ruling, I will have to have this
warrant served ;” I did not. notice what was
said to Mr. Gonder until I he%rd Mr.
Stephens says. “I will be obliged to arresi
yon;" I was standing by, and thought 1 was
addressed at the same time. The impres
sion made ou witness by the conversation
with Mr. Gonder was, that Mr. Stephens
was entreating and persuading him; I did
not see Mr. Stephens hand the warrant to
Mr. Gonder; f heard Mr. Gonder say he
could not help it. The managers decided
that we were obliged to let any one of at •-
parent full age, a resident of the conn v
and had not before voted, vote at the elec
tiori—we so decided from the orders we
got. . « „
All live managers concurred in refusing
Sandy (. Imply the right of voting,(because
he had been guilty of a penitentiary of
fence; ruled him out ou the ground that he
was a felon—on the alone ground: he had
been in the penitentiary; think there were
ton or twelve allowed to vote who were
charge(k with not having paid their taxes;
warrant's were issued sos some who sai. 1
they bad paid their taxes for the previous
year: heard only one say so; and that af
terwards when you (Mr. Stephens) inform
ed the managers that Wm. Lewis had not
paid his taxes for 1869, they declined to ask
him the question; but he did not pretend
iliat he had; Mr. Stephens also informed the
managers at that time that the tax book
was there; as dso the tax collector to show,
the foot that said Lewis had not paid his tax
for 1869; two managers, Culver and John
fiesr. differed with the three in the decision
■Bowing voters to vote, who had not paid
their tees; I know that voters were hin
dtfsvd hem voting by my being arrested, I
■or bec:ius-e, we three managers were ar
ms*-. ‘ kn. *w that they did not vote only
\n wnai they said; I did not vote myself;
.ha not offer to vote ; reckon J could have
nteff after ms arrest if 1 had wanted to;
•i town that night after my arrest; when
2 eras back next day the election was go
ing on; I did not advise any colored per
sons not to vote; did not hear such advice
toitt) BXalitt ftfeari*
given; did not at any time hear Judge Step
hens object to any one voting because of his
color, race or previous condition of servi
tude; the only ground of his '‘objections
were felony and non-payment of taxes, and
these objections were addressed to the man
agers and not to voters; in eadh case as
such a voter appeared, the objection was
addressed to the managers and not the vo
ter, and he did not challenge any vote; the
managers were all present, and the polls
j opened when the Judge first came into the
room and made the announcement that all
1 who had not paid taxes/ for 1869 would be
it they VuLed.
Direct-examination resumed —l was ap
pointed manager by the Governor and con
firmed by the Senate. (The commission,
or notification of appointment from the Exe
cutive Department, was produced and read
by witness. The commission was then offered
ns evidence and objected to on the ground
that the Governor did not sign it, nor was
there any evidence that the person pur
porting to be the secretary of the Gover
nor, was his secretary in fact. The objection*
was withdrawn by Mr. Stephens. The
commission was considered as evidence i
('rossexamination resumed— The commit
ting Magistrate on trial of witness, decided
that the evidence showed there was proba
ble cause of guilt of felony as charged, and
* witness was Sound over or committed by
i judgment of court.
| "Recalled— Mr. Gonder is a lawyer, and
spoke for the managers before the commit
ting court. ' -
Ridley Mosely, Sworn, says: I was one
of the managers of the late elect ion, in
Hancock comity; I commenced to hold the
ejection, but I did not "hold it; we began
; about 7 o’clock in the morning, and com
menced voting people, when Mr. Stephens
came to us,and said,“You must administer the
oat hto voters before taking their votes. “The
witness did not understand what oath it was
he wanted administered; three of the-man
agers decided that it was not necessary to
administer any oatli unless they suspected
the person of not being entitled to vote; we
then went on to take votes for a little wliile;
Mr. Stephens then came to rue with a war
rant in his hand, arid said, “I have taken
this out for you. If you agree to it I won’t
have it issued.” I thought served and is
sued was the same thing; what I understood
Mr. Stephens to say, was that if the mana
gers did administer the oath, be would not
have (is arrested or served, but if we did
not he was us arrested;
we did not admiiiisfcjje oath; I told him
I did not think it was i;ight, and I was not
going to do it; as soon as I said “No,” Mr.
Stephens stepped off and got Mr. Rogers,
who arrested us; Mr. Gonder demanded a
trial, and the Justice of the Peace commit
ted us to jail; I Remained in jail about four
or five hours; we did not hold the election;
Mr. Stephens said, put ns in jail and the
election would be held under the old law;
I had'no more to do with the election; we
came out of jail, and signed our bonds; the
people lmd pretty much gone si way when
we came out; some ten or twelve were ar
rested for voting because they had not paid
their taxes; one of them, after he was ar
rested, said he had . his tax receipt at home.
Cross examined. —l did not see Mr. Ste
phens draw any gun or weapon, or have
any about him at the election. The mana
gers consulted together about the oath to
be administered as required by Mr. Ste
phens; I thought Mr. Stephens meant the
oath in the Governor’s letter; I know the
grounds Mr. Stephens took was about tax
es; the payment of taxes was the only, point
made by Mr. Stephens as to the oath to be
administered by managers, whatever oath
it was, we three managers decided we would
not put it; I understood that the oath was
to be put to all voters; we did decide that
we would put the oath only to them whom
we suspected; we decided that, we would
put no oath to any voter about taxes, hold
ing that it was immaterial whether the vo
ter' had paid poll taxes or not; we did not
put the oath to William Lewis, when Mr.
Stephens told us that he had not paid his
taxes, and witness Lewis did not pre
tend to say that he had, and that the tax
books and the collector was there to prove
it; I don’t know Win. Lejvis; don’t recol
lect him; <3on’t recollect that Mr. Stephens
challenged any voter; what he said was to
us managers; can’t say that Mr. Stephens
denied any man’s right to vote; I don’t re
member that Mr. Shivers, Tax Collector tes
tified before magistrate, that the voter about
whom managers were arrested* had not
paid his taxes; the man was not introduced
to prove that he had paid his tax; I did
not deny; I know that he had not paid his
tax; the warrant against me was f6r being
principal, in second-degree, aiding and
; abetting illegal and felonious voting; Mr.
Stephens said put us in jail and hold elec
tion under old law, white he was arguing
the case to Mr. Simmous; I don’t recollect
that Mr.* Stephens told the magistrate that
the case was a bailable one but a sham
bail ought not to be taken; I don’t remem
j ber, that Mr. Stephens said in his speech,
jin reply to what be stated Harrison said
about “all voting and going to Penit eutiary
together,” that Harrison had paid his tax
l and was in no danger; (hat he would go to
i the Legislature, and the other negroes who
> had not paid their taxes would go to the
Penitentiary; Mr. Stephens said about Har
jrison’s remarks, it pieant that the Repre
sentatives would go to the Legislature, and
the others who had-not paid taxes would
go to Penitentiary; I understood that what
Mr. Stephens said about sending people to
the Pemteutiary meant only those who had
not paid their taxes; I did not understand
him as meaning that auv would be sent
there because they were black; Mr. Stephens
did not object, as far as I know, to any one
voting on account of race, color or previ
ous condition of servitude; L was released
from jail by giving bail; aU of my sureties
were white people and Democrats; Mr.
MACON. GA., THURSDAY MORNING, FEBRUARY 2, 1871"
Simmons’ decision was that we would have
to go to jail or give bond; my securities were
volunteers; I did notask any ofthem to goon
the bond; Mr. Gonder’s bond was $5000;
and ours, Morse and Moseley, was S2OOO
each; Mr. Gonder said to the magistrate, we
have no bail to offer; then I thought Mr.
Stephens meant either the oath in the Gov
ernor’s sletter or Farrow’s letter.
Direct examination resumed —We were
j holding election.by authority of the Gover
nor; authority from the Governor admitted;
; when I speak of taxes in my testimony I
mean poll taxes. Ax
Cross examination resumed. —We managers
decided that we could hinder no one from
voting who was of apparent age, who re
sided in the county and who had .not voted
before at said election, unless we Suspected
i him, then we could administer the oath in
Farrow’s letter; we did hold that we were
, bound to let every one vote (hat the Con
i stitution allowed to vote; we would admin
ister the oath to them if we suspected them;
if the voter did not take the oath he would
not be allowed to vote; we held that it was
! our duty not to let auybody vote if he was
suspected bv us of lacking any quaifications
j prescribed by the Constitution, and when
•we suspected him we would administer the
Farrow oath; the rfianagers necessarily acted
on that idea when yje excluded a felon who
lived in the countv and was of full age and
i had jiot. voted before. '
Harrisoulsworn Says: I was a por
i fifth of the time at the election in Hancock;
I saw Mr. Stephens there; I did not hear
Mr. Stephens say anything to the managers
of election; I did .not hear him make any
threats about having parties arrested; I
heard him as counsel address the Magis
trate at the trial; I did not get to the polls
until about 8| o’clock in the morning; I did
uot see or hear Mr. Stephens until I saw him
before the court; I heard him say nothing
except what he said as counsel before the
Magistrate; Alex, Latimer, Eli Barnes, Wil
liam Wilson, Jackson Tilley and some oth
ers, were prevented from voting by the ar
rest of the managers; the arrest of the
managers seemed to create a good deal of
excitement; Mr. Stephens said in his speech
that, those who had not, paid their taxes,
and had voted, would go to the peniten
tiary; that they had voted illegally and
against the Constitution, and that he 5 in
tended to test the matter in the courts.
Mr. Stephens further said that those who
had so voted* illegally would go to the peni
tentiary, while they who advised them
would go the Legislature; tlie persons re
ferred to as going to the Legislature were
Republican candidates; no Democrats that
I know -of were arrested there that. day.
Cross-examined —l don’t know about any
one voting but myself; I did not understand
Mr. Stephens to say in his speech, that
when he, witness* and Eli Barnes said
“Come oil, and let us go to the penitentiary
together,” that it meant those who had not
paid taxes, and had voted would go to the
penitentiary, while the Representatives
would go the Legislature, and that witness
and Eli had paid their taxes, and were in
no danger; Eli aud myself had paid our
taxes; in 1869 I advised all to pay their
taxes ; Jackson Tilley is also known as
Jackson* Mitchell; I only know that Jack
son Tilley did not, vote, from what he arid
others told me; I don’t know about Alexan
der Latimer, Eli Barnes, and William Wil
son voting only from what they told me; I
know where Eli Barnes was during the
three days; he Was either at my house or
his own all the time; I was near enough to
know where he. was in fifteen minutes time;
lie pame on the train from Augusta, on the
train at 12:40 p. m.; I might have laid down
during the three nights, but I don’t know
whether I slept any; Barnes and myself
were together pretty much all the time; I
don’t know 7 that Barnes in coming through
town tried to vote; don’t know that he voted;
I don’t know that Barnes voted after the first
managers were arrested; he did not vote
before they were arrested; I can’t tell
whether the above named persons did not
vote at the election held by the second set
of managers; all know about persons be
ing hindered from votiug, was at the first
election* held by the first set of managers;
after the arrest of the managers, I advised
my friends not to vote; Alex. Latimer was
in iby employ; Wilson had been to town;
witness thinks he left Aleck at his house
when he went to town ;■! don’t know that
Wilson did not vote before I went to town,
onlyfrom whathe told me; AleckLatimer did
not vote, because he wlas j£t my house; I
did not see him try to \pte; I suppose it
would have made no difference whether a
voter had paid his tax, if he was going to
i vote the Democratic ticket; I nWer heard
! Mr. Stephens put a man’s rightdo vote on
the kind of a ticket he was going to vote;
llt is my impression from Mr. Stephens’
speech before the magistrate, that race, col
or and previous condition had a good deal
to do with it; I got my impression from the
statement that a good many colored people
did what they did do from what Bill Harri
son told them; I got the impression from,
the fact that Air. Stephens attacked nobody
but colored people; I heard Mr. Stephens
attack Governor Bullock and Blodgett; Bul
lock and Blodgett are not black.
( Ihe testimony as to what Wilson, and
Latimer, and Barnes said to witness, was
ruled out;) I know that Mr. Stephens did not
praise Gov. Bullock aud Blodgett; I won’t
say that I don’t know that Mr. Stephens
blamed them; on reflection I will say that
lif calling a man a thief is blaming him, he
i did blame him; I was not present when
the witnesses before the.magistrate were ex
amined.
~ EVIDENCE FOB DEFENCE.
J." Clarence Simmons, sworn says: The
Tax Collector was sworn befpre the com
| uniting court at trial of the managers. He
; testified that Wm. Lewis had not-paid his tax
; es; Linton Stephens swore that he informed
i the managers before Wm. Lewis voted, that
he had not paid his taxes; this was said to j
managers at the time Lewis was about to j
deposit his vote; Mr. Stephens further sta-.
ted that the,hooks and collector were at.
hand to prove that Lewis ha}l not paid his j
taxes for 1869; I know that . Mr. Stephens
so informed the managers; the managers,
did receive Lewis’ vote after this informa- !
tion was communicated, without swearing j
or questioning him; I am the magistrate j
before whom the managers were tried; the |
managers did not question the fact that!
Lewis had not paid his taxes for 1869; they j
► were represented by Judge /lender; the j
defence, was pnt on the ground that their j
oath required them to let any one vote who j
was a resident of the county,’ and of appa-j
rent full age, and who had Hot. voted be-i
fore at the election. The following is the j
oath administered to the managers, to-wit: j
“I do swear that I will,fart! fully and im-;
partially hold the present election, Ij
will prevent no person from Voting who is
of apparent age, a / resident of the county,
and who has not previously voted /at this
election. I will not open any closed ticket
until the polls have been closed, nor will I
divulge for whom any person voted, unless
called upon by some legal tribune; I will
permit no one to challenge, delay or hin
der,, any voter from the free and speedy
casting of his ballot. I will in good faith,
to the best ability, endeavor to carry
info effect the provisions of this act and
the other laws for holding jelections; will
make a fair, correct and honest and impar
tial return of the result of the election. So
help me God.”
The managers construed the first part of
the oath to mean that they could not pre
vent any one from voting who was of appa
rent full age, a resident of the county, and
who had not previously voted at the elec
tion, whatever else might fce the, case.—
The managers also held that they relied on
the act of the Legislature declaring the
poll tax of 1868, ’69, and 70, illegal; as
magistrate, I held that the oath,as construed
by the managers, was in conflict with the
Constitution, as also the above mentioned act
of the Legislature. The accusation against
the managers was that they were principals
in the second degree, aiding and abetting
illegal and felonious .voting. Mr. Stephens
argued the„case for the proseicution before
me. I did not hear Mr. Stephens in his
argument call. Governor Bullock a thief,
that epithet was applied, to those persons
who had squandered the pell tax which
was dedicated by.the constitution to school
purposes. My final decision in the case
Was that there was probable cause of guilt,
and I committed them with privilege of
bail. Judge Stephens maintained before me
that the case was bailable,and bail was allow
ed, When Mr. Stephens was sworn as a wit
ness, the two managers, Morse and Mose
ly, \vere very near them, from 4 to 6 feet.
I was a member of the > second board of
managers. Colored persons voted. Radi
cal tickets were polled; two wrere polled.
I told negroes on my place that they could
vote; that they were qualified, their taxes
had been paid. The second board of man
agers did not allow any Democrat, white or
colored, to vote if he had not] paid his tax
es; I remember one colored man who had
not paid his taxes tad desired to vote the
Democratic ticket, but Mr. Lawrence in
formed him that he could not vote; Mr.
Lawrence is a Democrat; the second board
of managers was composed of B. T. Harris,
H H. Quiver, L. Piqrce. jr., Henry Harris
and witness; they are all free-liolders ; the
hour of 10 o’clock a. m., had passed when that
board was organized; Messrs. Culver and
Johnson, of the first board, declined to act
after the other managers were committed;
when the second board was organized no
managers designated by law! to hold the
election were present; the remark made by
Mr. Stephens in his speech about persons
going to the penitentiary was in reply to
what had been said by Harrison; that Har
rison and Barnes had paid th£ir taxes, and
it meant that they would go to the Legisla
ture while the other colored j persons ad
dressed by Harrison would go to the peni
tentiary; the second board was organized
under the law in the Code; I did not hear
Mr. Stephens at any time during the elec
tion, object to any one voting on account of
race, color or previous servitude; Mr. Ste
phens did not object to any on 3 voting who
possessed thfe qualifications prescribed by
the Constitution; Mr. Stephens did not
challenge any voter that I knoiv of.
Gross-examination. —l am a Justice of the
Peace of Hancock county; have been for
about twelve months; I was commissioned
by Governor Bullock; I issued the warrants
for the arrest of the managers; the warrants
were issued against Adolphus Morse, Ridley
Mosely, .and Jos. B. Gonder; there were
five on the board of managers;'uo com
plaint was made before me against the oth
er two managers; the affidavit on which
the warrants issued were made by Judge
Stephens; I can’t say to whom I delivered
the warrant; I generally deliver warrants
to the sheriff or to some constable; I can’t re
taember as to this particular warrant; the
sheriff was on the ground, and I may have
delivered it to him; I was in the Court-!
house when the warrant was served; the 1
warrant issued by me was served; the man- :
agers were tried before me; this was on the
first day of the election; the warrant was
issued about 9 or 10 o'clock—nearer 9 than j
10 o’clock; the managers sealed the box;,
the trial proceeded at once in the Court
house; I did not see Judge Stephens at the
time of the arrest; the last jl saw
Judge Stephens before the arrest, he was \
talking to Judge Gonder in tvfo or three
feet of the ballot box ; he did hot go there ]
at that time to vote; he asked permission j
to speak to the managers; there was no
voting after the arrest of the managers; it
was about two hours after the a,rrest before
the second board was organised; during
this time no voting was going on; the Clerk
of the Superior Court swore in the second
board; the second board proceded ‘under
the Code; as far as I was concerned, I tried
to conducl the election under the law of
1870, with my Construction of the funda
mental law; we tried to carry oat tlie law
of 1870, so far as could be done in harmo
ny with tie Code and the Constitution; it
was held for three days,and persons were not
allowed to come nearer than fifteen feet of
the polls; I did not think that I could car
ry out the law of 1870. and obey the Con
stitution; I do not think ii is the province
°l the per pie to set aside a law as uncon--
| stitutional until it be.en declared by
some judicial tribunal. The second board
unanimously decided (hat a man who had
not paid bis poll tax so. 1869, could not
vote.
Something over 700 Democratic votes,
two Radical votes and one blank were
polled. Probably 750 votes were polled,
i here are ; boii r 2.000 voters in Hancock.
The reason uiore votes were not polled was
tliat no more voters came forward; there are
about 1,200 t o 1,400 colored voters in Han
cock count v; a good many colored votes
were cast a : t no. election, but only two Rad
ical votes; . don’t think any persons were
challenged by the.second board further
than was si ated in direct examination, in
reference to| the information given to mana
gers about a negro by Air. Lawrence; a
gootlAleal of excitement prevailed; I don’t
know . whether there was as many votes
polled by the second board as wonkU have
been, polled by the first; Judge Stephens
#aid to witness, that any one voting illegal
ly out to be arrested.
Direct examination resumed. —One hun
dred and forty-nine votes were polled before
the first managers; the votes in the two
boxes were not counted together; at the
election of LB6B, next before the last, the
Radical vote was 73. The Democratic ma
jority was very large.
Cross-exair ination. —The first ballot box
was sealed before the trial. I think Air.
Culver took the keys, and Mr. Johnson
took the bo::. The second managers did
not think they had a right to interfere with
it. . I considered the election a fair one and
a legal one. We would not have allowed a
man who haci voted at the first board to
have voted, again before the second board.
I voted before the first board, and not be
fore the second. None who voted before
the first board presented themselves as vo
ters before the second board of managers.
John D. Cilver; sworn, says: I was one of
the managers on first board.- I was nomi
nated by the Ordinary, Mr. Johnson ; was
appointed by the Governor. Air. Gonder
was nominated by the Ordinary, but his
nomination was withdrawn, and Air. Butts
substituted, bit the substitution was not
regarded by tie Governor. I was present
at the arrest of the three managers. They
were arrested on an accusation of being
principals in the second degree, aiding and
abetting illegal and felonious voting. The
case was made on Wm. Lewis. I think Mr.
Stephens announced to the managers when
Wm. Lewis w;,s about to vote that he had
not paid his te xes, and the books and col
lector would prove it. It was certainly an
nounced to the managers by some one;
Johnson and myself held that the payment
of taxes ought to be inquired into, but the
other three held that it made no difference
whether the trx had been paid or not; they
did not act in reference to any doubt as to
the correctness of the information, but as
to its being immaterial whether he had
paid it or not; I remember that Mr. Ste
phens got permission to approach the man
agers; no one approached without consent
of the managers; I have an impression that
Judge Stephens did speak to one of the
managers, and that his object was to coun
sel with him :n reference to the warrant;
Mr. Shivers, lax Collector, and Judge Ste
phens, were sworn and testified lie fore the
Magistrate; Morse and Aloselv, the colored
managers, were present; Air. Shivers testi
fied that William Lewis had not paid his
taxes; the managers did receive Wm. Lew
is’ vote; I don’t recollect that Air. Stephens
called Governor Bullock a thief in his argu
ment before the court; I heard tlie speech;
the remark alxmt “thief” was applied to
those who had squandered the school fund;
Adolphus Alorse, one of the coloreol mana
gers, held first with Johnson ami myself
that the paymont of taxes ought to be in
quired into; ht afterwards changed; Morse
seemed to be conscientious as to his duty
about the taxes; I read or explained to him
Governor Bulk ck’s letter and Farrow’s re
ply, and the oath in Farrow’s reply; he
.then said, “we will have to swear them;”
but he change ! his opinion pretty quick
when Judge Ge nder told him they had no
right to put any oath; I then stated that we
must settle the matter before proceeding
any further; Judge Gonder held that it was
a violation of his oath not to let every one
vote who was a resident of the county, of
apparent full and who had not voted
before at the election, and that these were
the only necessity qualifications; as to the
felon’-s voting, it. was the decision of the
board that lie could not vote; the case of
the felon came up after the decision of the
board in reference to the payment of the
taxes; Johnson I and myself refused to act
after bf tlie other managers.
Cross-examined,—l was one of the mana
gers on first bojlrd; I todk the box and in
presence of the other four, it was sealed and
put in possession of Air. Johnson, and wit
ness kept the keys; about 150 voted before
first managers; 1 he other managers not be
ing a quorum, declined to act farther; I
don’t remember that any one was challenged;
the lelon’s vote was the only one rejected;
it was announced that there were about a
dozen who had not paid their taxes, but
they voted; Lewis is a colored man; I
think the announcement about Lewis not
having paid his taxes was made by Judge
Stephens; and his was the first case that
came up.
Direct examination resumed. —l have no
NUMBER 1251.
idea that Mr. Johnson is a free holder.
George F. Pierce. Jr., sworn, says: I was
present wheu the managers were arrested;
I heard Mr. Shivers testify before magis
trate that William Lewis had not paid Ins
tax for the year 1869, and referred to his
books—this fact was not denied on the oth
er side. I heard nearly all of Mr. Stephens’
speech; I did qot hear him call Governor
Bullock a thief; this ephithet was applied to
those who had appropriated the school
fund; I was a candidate at said election
for the Legislature; I heart! Judge Ste
phens approveiadvi» w #riven t<- Democratic
colored persons who had not paid their
tax not to vote; Judge Stephens did not
object to*any one voting who possessed the
qualifications prescribed by the Constitu
tion; I know that Judge Stephens did not
maintain that any one should not be al
lowed to voie*on account of race, color, or
previous condition; I know that„ Judge
Stephens, in a public speech, a short time
before election, advised the colored people
to go and vote like freemen, as they
were—to vote as they pleased, and not to
be dragged up to the polls; the majority
for members of Congress and of the Legis
lature, at the election held by the second
managers, was 792 votes; Morse and Mose
ley were present when the tax colleefcpr tes
tified before the magistrate. v H
Cross-eqatninediZZ- 1 was in the Court-
House when tlie managers were arrested,
but I did not hear the conversation between
them and Judge* Stephens; in the last box
there were 792 votes; I have heard that
there were about 2,100 to 2,200 votes regis
tered in the county in 1868; in my judg
ment, there are now about 2,000; Mr. Ste-
Ijhens’ speech was not a threatening one; I
did not see Mr. Stephens when he was be
fore the managers; Mr. Stephens’ position
and his manner was an earnest appeal to the
people, white and colored, Radical and Dem
ocrat, to abide by the law in voting.
*J. Clarence Simmons-recalled: When Mr.
Stephens went to the first managers to con
verse with them, the warrant had not been
issued. It was a short time before it was
issued : Judge Gouder was the manager ad
dressed by Judge Stephens; I was in 15
feet of them, there was no noise, but I did
not hear anything that, was said, what was
said was in a low tone of voice; Judge
Stephens’ manner was persuasive.
Jno. L. Culver, recalled by prosecution:
I don’t know wliotker Judge Stephens had
a warrant in his hand when he approach
ed the managers. .
Geo. F. Pierce, jr., recalled by defence:
After the second board* was organized, - I
mentioned to a crowd of colored people
that there was no difficulty in their voting.
I proposed to accompany a colored man
whom I knew to be a Radical, that I would
go to the polls with him. Like advice was
given by others to the colored people; Mr.
Stewart, who has been sheriff for many
years gave them such advice, also Mr. Lit
tle, a lawyt. of the place.
The defence here closed. No i*ebutting
evidence was offered on the part of the Gov
ernment. •
Upon the conclusion of the testimony,
Col. P. B. Bedford* attorney for thefprose
eution, stated his points in the case and was
replied to by Cols. DeGraffenried and An
derson, when the Court adjourned to Mon
day, 23d, Mr. Stephens being order to make
his defence. At the appointed hour, a
large numbej/jof the most prominent citi
zens of Maecjjri were assembled to hear him,
and they were evidently well satisfied with
his effort, he having confined himself al
most entirely to a justification of his course.
After nearly three hours, he closed the ar
gument for the defence, and Mr. Bedford ,
proceeded on the part of the Government.
At the conclusion of his argument, the Court
deeming that the importance of the case re
quired a written decision, adjourned until
Tuesday morning, when the following de
cision was rendered:
The United States, ! Yiolaton of
vs. •> “Enforcement Act.”
Linton Stephens. )
The main object, on the part of the de
fence in tliis case, 1 seems to have been to £
show, that, under the State laws, the Mana
gers of election for Hancock county—three
of whom were recomemended by the Gover
nor, and two by the Ordinary of that coun
ty, and all of them confirmed by the Senate
—were acting under an unconstitutional
law; and their authority, and the instruct
tions and law under which they were* acting,
was, therefore, illegal, null and void. This
question, it is not the province of this Court
to determine.
The charge against the accused is that he
“did hinder, prevent and intimidate per
sons from exercising the right of suffrage,
to whom the right of suffrage is secured by
the Fifteenth Amendment to the Constitu
tion of the United States, in that he did
interfere with the officers of the electipn,
W’hile in the discharge of their duties, by
procuring their arrest and imprisonment.”
It has been shown in evidence that these
managers of election were appointed by
the recognized authorities of the State, in
deference to a solemn law, passed by an un
disputed Legislature of the State, and
hence, must be recognized and protected,
as such, by the laws made and provided by
the Congress of the United States.
A law, approved May 31st, 1870, arid
known as the “Enforcement Act,” prescribes
“that if, at any election for Representative
or Delegate in the Congress of the United
States, any person shall * * * * by
force, threat, menace, intimidation * * *
or otherwise qplawfully prevent any quali
fied voir of any State of the United States
of America, or of any Territory thereof,
from freely exercising the right of suffrage
* * * * or interfere in any manner with
any officer of said elections in the discharge