Historical Newspapers of South Carolina

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The Press and Banner. BY HUGH WILSON. Altlti:VII>I.K. x. i,\ THE' STATE WSMSA RYT THE RFCENT SCANDAL INVESTIGAT| ED BY THE STATE BOARD. Governor Kvhuh, Comuilssloutir Mix sou uid OtlierM Testify?No New Farts Brought Out? Iuteredtlng KeH<liug--No Action TuKen 1>y the Itoaril. Columbia, Sept. 17.- The State Board of Control was engaged ail day yesterday investigating the dispensary scandal. The examination began in the office of the board at:?:30 aud with two hours intermission was kept up continuously until b p. m. All members were preseut as well as all of the legislative committee. The witnesses examined were Governor Evans, Mr. S. W. Scruggs, Colonel Mixson, J. W. ond W T Mwcnn Miwl (!ftl 1) If Tompkins. Chairman Jones called the board to order, whereupon Attorney General Barber, addressing: the board, said that he was present in obedience to the res olution of the board and was ready to perform any duty the board might call upon him to perform as he was legally their counsel. Chairman Jones stated that the board wished him to examine the witnesses and suggested that in order that he might be familiar with the purpose of the meeting: that the published cards of Governor Evans and Colonel Mixson be read. Mr. Barber thought that unnecessary, but asked that the stenographer be sworn, remarking at the same time that the board had no authority to ad minister on oath. Chairman Jones beine a notary public administered the oath and the board was ready for business. Mr. Barber: What witness do you want to examine? Governor Evans, Colonel Tompkinsand Colonel Mixson are here. Governor Evans: Wouldn't it be well for the board to indicate the scope of its examination and deter mine what it intends to do? Chairman Jones.: It is our intention to go as far as possible. We agreed last ni^ht that it was beyond our power to investigate beyond our employes. Mr. Williams said that was the dek cision. The board would have no right or power to go outf ide. Mr. Barber said undoubtedly the board would not have that right. Mr. Abney arose and stated that he had been requested by Mr. Mixson to appear in bis behalf. In doing so he believed he was not transgressing the proprieties when he called to the attention of the board the word "thorough" in their resolution. There is no limitation to it. He understood that the board came into oflice on April 1. If you are going to confine yourself to since that time it could be understood. But the scope of the examination as inumaiea is noi in Keeping whii iu? resolution. Chairman Jones stated that what prompted him to call the board together was the open letters of Governor Cvans and Commissioner Mixson. Ue thought it necessary that the matter be looked into after that. If they had not appeared he would have seen no cause for calling the board together. That's why they are here to consider the matters charged in those letters. iurt J'Uuiuiu *f o arc IU uuuoiu^i those and any others that may come out of them, Mr. Nicholson: In other words we want a searching investigation of all matters pertaining to the management of the dispensary. Mr. Williams: Our understanding was that these charges are to be investigated. If anything further comes up, we will investigate that unless some objection is made. The scope of the examination having thus been definitely determined, the lawyers had a little consultation and after awhile Attorney General Barber asked that the Governor be sworn, which Chairman J ones proceeded to do. General Barber then asked him to state what he knew. GOVER.NOK EVANS. Governor Evans testified: I don't know anything further than what is uumaiueu iu luy iciicr. iu.ua i ui iuc evidence I have is hearsay. The only thing in the way of positive evidence are Mixson's statements and his boy's confession, which are in my letter, which, 1 believe, have not been controverted so far as the material part is concerned. The only thing I have to state is just what is in my letter. Mr. Nicholson: In order lo refresh the minds of the board would it not be better to read the letter? There was no second and Governor Evans continued: I'll just state that the facta stated in that letter were brought to me by circumstances and bv atatements of the clerk of the bosrd wnichled me to believe that the Commissioner or parties connected with him were getting money from whiskey men. At this point General Barber interrupted and said that Mr. Abne.y had been consulting him about crossexamination of witnesses and he suggested that the board grant Mr. Abney ibat privilege, which was cheerfully doneGovernor Evans resuming: These reports went on from time to time and in conversation vwth Mr. Scruggs he said he could get the evidence for me if he left the State. I told him he had my permission to leave and he said he wanted to go to Cincinnati, lie did so and returned with evidence against Mixson's son. Then Tompkins and Mixson called at the Mansion and it was agreed that they should get a confession from the boy. The next morning Tompkins came to my otlice and wrote on a slip of paper, which he handed me saying the boy had confes sed. Later in the day Mixson brought me the letter of coiifess:on, but protested that he had 110 knowledge of the transactiLii and slated that Ins son had been ovtrroaehed by the whiskey men. I suggested that lie see the boy and not let him leave the city as had threatened to do. The matter went on this way and it was suggested that I Mixson resign. On the advice of his friends he refused to do so. There was no way to remove him except for ! cause and 1 hud 110 direct evidence against him. All 1 knew his boy had ^ been overreached. Tompkins and my oplf discussed his resignation and we knew we were powerless and dropped the matter. I never received any evidence that Mixson got rebates. The rest was suspicion, such as a letter from Francis Skelly in reference to rebates and another from Peebles, in which he stated that the price of whis key must be raised or somebody's commission would stop. Thes8 were shown me by Scruggs. Mr. Scruggs: No that was a convei satiou I reported to you as having ha with White (Peebles' representative There was no letter. Attorney General Barber: Do yo; know positively ttiat Colonel Mixsoi or any other one connected with th dispensary received rebates? Governor Evans: All I know i heresay. I had no direct evidence. 1 I had I would have acted at once. Mr. Scruggs: You didn't have sutfi cient evidence; that was your fina conclusion ? Governor Evans: Scruggs is inori familiar with it than 1 am. ( ROSS EXAMINED. Mi*. Aouey: In reference to the let ter shown yon by Scruggs, when wa that/ Governor Evans: It was previous 1 his going to Cincinnati about ! month. Mr. Scruggs: It wa?; in the fall, be fore Christmas. Mr. Abney: What has become o the Skelly letter? Governor Evans: Scruggs has it 01 file, I suppose. Mr. Abney: Let's have it and let th< board draw its own conclusion. Mr. Scruggs promised to hunt uj the ietter and Governor Evans con tiuued: Something was said abou Peebles raising the price of his liquoi a little. I told Mixson about it and he said he wouldn't let them raise on him It was then that Peebles said White'; commissions must stop. Mr. Abney: Was Scrugg's evidenci written. Governor Evai?s: I never saw it Tompkins and Mixson reported it t( me and after Mixaon's eon confessed 1 A^l.^1 14 i UCYCi a^tvcu iui it. Mr. Abney: Didn't you tind froir your investigation that tliero wa nothing against Mixson that he wa* iunocent? Governor Evans: Well, everybody had suspicion. Mixson had receive< overtures from whiskey men, amonj them White, about which he told me I told him he ought to have kicke< White out. Later during the Consti tulional Convention he sent me a noti asking for a card of admission to thi tloor for White. I told him aftewardi that he ought not to be asking favor for White in view of what had occur red. Mr. Abney: Having gotten all th< information you could and finding ?( cause for punishing Mixson you pass ed the matter over? Governor Evans: Oh, yes, I tolc Mixson I had no desire to punish an innocent man and if he could convince me that he knew nothing of his son'i tvancgftinnc T arnnlH /lr? ti nth inor. -W?? J,Mr. Abney: Didn't you afterwards send in Mixson's nomination to the Senate and he was confirmed? Governor Evans: Oh, yes. it was a matter of form. I had nothing direct against him. The Legislature was ic session when these things were broughi out. In view of them I determined tc recommend a law so as to put these things at rest and take away the pur chasing power from the Commission er. Mr. Abney: Subsequent to this you heard no charges? Governor Evans: Charges were made every day. I told my inform ants to give me no facts unless thej could produce the evidence. I have been trying to get the evidence, bul haven't been able to substantiate them I have never made any charges but have only acted in my capacity a* Governor. Mr. Abney: In your let1 er you state that Mixson received a desk. Is thai not being used now? Governor Evans: I don't know Other reports were made and I told Mixson? Mr. Abney: I only want to sho^ that you have not been derelict in youi dutyand had no cause to remove him. Governor Evans: Well, there have been many reports, but no one evei hrnuirht me nositive Droof. Attorney General Barber? Auy thing else, Governor. Governor Evans: All 1 know ii about employees which I have stated If anything else is brought out I wil have something to say. bV THE MEMBERS. Mr. Williams: You speak in youi letter about "Mixson" dealing witt whiskey men. What Mixson? Governor Evans: Commissions Mixson. Mr. Williams: You say Scruggs pro ceeded and got evidence against "Mix son." "Was that the Commissioner? Governor Evans: No, the boys. Mr, Williams: You also say thatal could see the reason of the oppositior to you. What did you mean by that! Governor Eyans: Well, Mixsoc fell out with me becausa I was tryinj to secure the evidence. He was mat because of the fact that Scruggs wen out of the State without his knowledge Scruggs was appointed by him Weren't you. Mr. Scruggs: Yes,, but you know you said I was to be your persona representative and see that things wen kept straight. General Barber: There was nevei any report of this matter made to th< Attorney General's oflieef Governor Evans: No, because ] didn't have the evidence and the Stat< had nothing to do with the Mixsoi boys. SENSATIONAL STATIC81 F.NT. Mr. Williams: You speak in youi letter about "these men." To whorr do you refer? Governor Evans: Well, Scrugg! said Tompkins was as deep in it a: Mix son. Mr. Williams: You have nevei seen his evideuce? Governor ft vans: Wo. Mr. liarber: Wlial positive evi denco have you against (Jul. Tomp kins/ Governor Evans: None, excepl Scruggs' statement, and the intimacy that existed between hi to and Mixsou Tompkins got mad about the bill I re commended, saying it would be a re llection on him, but I have no endenci except hearsay. Mr. Scruggs: Please state exactly nUni r MnCyJ wuab x aaiu. Governor Evans: I don't remembej now. Mr. Scruggs: You remember I saic Colonel Tompkins was as deep in it aj Mixson?Colonel Mixson? ALL ABOUT 11UBBELL. In reply to a question by Mr. Wes ton the following information abou Hubbell was given: In regard to this matter of purchas< Hubbell said he couldn't do busines; with the Dispensary because Mixsor was being paid commissions by othei whiskey houses. He stated to m< what you have already S9en in print I told him if he could show me tha his prices were less than those beinj paid I would s*e that he got an order I I made Scruggs make out a price list - and sent it to Hubbell. who sent his d prices in return. Then it was that ) Mixson said Hubbell had offered him a bribe. I never asked Mixson to pura chase from him after that. Then the a correspondence between the two ape peaaed in the papers. Hubbell again told me that Mixson was getting coms missions, and I told him to go and f state his case to the board, which he did. Mr. Williams: You never saw J those telegrams and letters until they were published? i Governor Evans: No, but Hubbell told me something about the R. M. Mixson letter. Mr. William?: He never told you 3 over a year ago that all the evidence had been submitted to Senator Till manV k Governor E^ans: He never said anything about it tome. Tilltnan liev. er told me. We did speak to you?* board about it. and Tillman wrote you f a letter, saying it would be an act of gratitude to buy from Hubbell in view j of what the Mill Creek Cnmpauy had done to help the Dispensary at the > start. Mr. Williams: You never knew j anything about H. M. Mixson's letter . of introduction to Hubbell? I Governor Evans: No, not until it P was published. Hubbell told me he j was satisfied something was wrong, and said he had seen R. M. Mixson, j He said, in reply to a question by Mr. Weston, that Scruggs furnished 1-i ?_ ,?.141. ~w/? Vinsl fnr> a lilLU wmi asauinuuc tUDb uc uau guuwu testimony some time in February. He reported after the confession of the boy \ and said to me that was the way it was done and had evidence to the same effect. COLONEL TOMPKINS. 1 Mr. Barber: Colonel Tompkins has ? been brought in and I suggest that he 5 be heard. Colonel Jones said he certainly I would be given an opportunity and he asked Mr. Tompkins if he wished to ? make a statement, to which he received : a negative answer. 1 THERE WERE OTHERS. Governor Evans had completed his 9 testimony, remarking that all he had 3 tn oatr maa in hi<a lpftftr wllfln Mr. AbneV 8 asked: Were the rumors you speak 3 of confined to one man? Governor Evans: No, there were several of them. It was rumored that 5 I was in it. I couldn't act, though ) some of the rumors came in such a way that I had to notice them. . Mr. Nicholson: You-say there were rumors afloat concerning yourself. 1 Have you in any shape or form ever 5 received or been offered any rebates? 3 HE NEVER GOT ANY. Governor Evans: No, sir. Nobody 5 has ever offered me any. Mixson had 5 the exclusive privilege of purchasing, and I only asked him to buy from 1 Cranston?to give him a small order. ' He was an old friend of m^ family ' and represented Baker's whiskey, for L which there is a demand. Beyond ' that I never had anything to do with 5 purchases, and drummers rarely came to me. I have dared any man to even insinuate that I got one cent. I told Mixson to divide his orders, else peo1 pie would say he was getting rebates. I had, I suppose, 100 conversations 5 with Mixson on the subject, warning him. The Governor concluded by saying ' that his services were at the disposiL tion of the board, and he would bd glad to answer any questions at any ' time. 1 Mr. Barber said that a great deal of importance attached to those letters * referred to in the testimony and he L wanted them produced. Mr. Scruggs said it would take him some time to hunt them. He was excused from the search just at that time, as his testimony was wanted next. SCRUGGS>S TESTIMONY. f There has been a feeling pervading all shades of nuhlic oDinion that Clerk > Scruggs could a tale unfold that would r harrow up the very souls of the people. Consequently when he was called every body drew up close so as not to miss a word. 3 Mr. Scruggs prefaced hifi testimony . by saying that he would have to de1 pend on his memory and make statements from recollection. He had a treacherous memory on account of the r business he was in?bookkee ping?but i he had hurriedly written out his recollections of conversations, etc., i* which to the best of his knowledge and belief were true. He then read - the following: What I shall say relating to the details which led to this investigation by me of this rebate question must of nel eassity come from memory and some ? things which have happened may have I passed from my mind, but 1 think all t essentials are still remembered by me. r All the knowledge which I have of 1 this affair bearing upon my official int vestigation when fully told cannot do . much more than confirm as a whole . the published letters of Governor Evans, Commissioner MUson and W. f T. Mixson, as I remember them. I 1 have read these letters only once?and s then hurriedly?and for that reason would not undertake to confirm them t unequivocally, lest possibly some 3 point of issue contained therein escaped my attention. t From my recollection of Governor 3 Evans's letter, so much thereof as rei lates to my official investigation of this matter, is in the main correct although his statement of the details r leading up to the investigation are not l wholly correct. This I can easily account for from the fact that he is de? pending entirely on his memory for s every detail relating to the earliest period of this case. It is true, as Gov ernor Evans states, that I reported to him that 1 believed commissions were being paid to some one; but not as he - states, that I arrived, in a broad sense, at these suspicious from letters indiscriminately opened by me during the I absen< 9 of the Commissioner. Aly rer collection on this point, I think, is dis. kinct, and I am confident Governor - Evans will bear me out in the follow ing statement* Tlie only letters which a I have any recollection of ever discussing with Governor Evans which at r the time bore any evidence to my mind of suspicious circumstances was a letter t from an Eastern whiskey dealer who was selling his liquors to the Dispen 1 sary. And this after he had told me s I was his personal representative, and that he was depending on me to keep the afTairs of the Dispensary straight. - This letter, to the best of my recollect tion, stated that the writer, though he would be able to get "you" (meaning 5 Commissioner Mixson) some freight s rebates on whiskey shipments, but l that the Commissioner must keep it r perfectly quiet, and he would send the 3 rebates in currency by mail or express. . Subsequently the rebates were sent by t mail in currency and were turned over I to me by the Commissioner, and were . duly deposited ir\ihe bank to the credit of the Disnensary fund, as the records of this office will show. In a subsequent convention with Governor Evans, I told him there was nothing in the first letter, as the second letter had brought forth the freight abatement and it had been turned into tne treasury. The present board have dealt with the same firm and have also received freight rebates from them, as the records show. My purpose in withholding the name of this firm is because they have requested it, stating, as they claim, that if the matter was made public it would destroy their chances for future rebates. Now as to the history of this investigation, as my memory serves me, shortly after i took charge as bookkeeper for the Dispensary Governor Evans told me {hat he had reason to believe that Comuiissioner Mixson i _ - #. OL was using nis ouice ior pruui asiuo from his salary, or words to that effect, aud asked me had I noticed any thing in his conduct to arouse my suspicion. I frankly told him I did not, for it was in the nature of a surprise to me, as I had never believed that any corruption had ever existed in connection with the Dispensary. Although I think it was before the Governor had made this remark to me Barney Evans had made a similar one and told me that W. T. Mixson had gone to Baltimore, and as he believed, to get rebates srom Ross & Co. From that time on Governor Evans and my?i* .is 1 il. ?-ii?. SCII UlSCUSStsU lUC Uiabici uu uivuio occasions. Meanwhile I was on the lookout for anything that would lead to a confirmation of these rumors. As time rolled by, the talk about rebates grew, and finally Governor Evans said to me that it did seem to him that if Mixson was getting rebates I, as bookeeper was in a position to discover it. I explained to the Governor that all the rebates which I know of were the 5 per cent, allowed and denoted on the invoices and that the books showed that they bad all beep duly credited up to the State, and which amounted to $21,000 in eleven months. I also explained that if Mixson was getting an additional rebate for his own private gain that it would not show on the invoices and that, therefore, there could possibly be no record of it in this ollice, that if the Commissioner was reoaiving rebates he would not be foolish enough to let it appear in the invoices. Some time in the fall of last year, Mr. White of Cincinnati came nere nomoinoH fni> cav?rjl Havs. Dill* ing his stay I became satisfied from the trend of his remarks that he knew something more than he would state, and that he knew or believed that W. T. Mixson was receiving brokages charges on the sales of whiskey to the Dispensary by the Live Oa<c Distilling Company. Daring this visit 1 think he called on Governor Evans, but i am not positive about that. Now, for the first time, I believed that I had tangible evidence of wrongdoin g and in conversation with Governor Evans he told me that I must do my best to detect the guilty parties; that I was his personal representative and he look to me to keep everything straight, aad for me to con&'der that I had his authority to go anywhere at any time in the prosecution of this investigation. It r?TAA *v?tt intent-inn ni*/V*AA/l frt din *TCM 1UJ lUbV^UIHVU wr ?v W ? cianati at once, butthe vast amount of work which I had done that year in straightening? out the terrible condition in which the books of the State and county dispensaries had gotten proved so great a strain on me that I was laid up with a severe case of sickness and was threatened with nervous prostration. On account of my illhealth and the rapidly increasing de Ul&UUS UJU UJJ 11LL1C ill uv/not ^uuuuv vi the large volume of fall and winter business, I was forced to defer my trip until the following February. Reaching Cincinnati I asked the manager of the Live Oak Distilling Company why his firm had discharged Mr. White. lie replied that Mr. White had not been listed as a salaried em ployee (or employer, I disremember which) of his firm. That he (White) had represented to them that he had great influence with the Dispensary authorities in South Carolina and could control the trade in the interest of any house he chose and he had recommended the Live Oak Distilling Company as a house that sold the best grade of whiskies for the money of any house in the West. Upon that representation they agreed to pay him a commission on brokerage of all whiskies that he would sell and stated to me that they had done so to the amount of between $1,800 and $1,900. They further stated, as a reason for subsequently declaring their trade "off" with Mr. White, that they could not oftVw M.l in now a KmlroracrA tf? hnf.h auviu KU u w* wuwkMw ? ? White and Mixson; further stating that it wa9 a strictly business agreement which they had with Mr. White to pay him a brokerage on all the trade*which his efforts or influence brought to the firm; that subsequently he was informed that Mr. White's in influence had come to an end and that he entered into the same agreement with W. T. Mixson?W. T. Mixson making the same representations which Mr. White had formerly made as to his ability to control the trade. I told the manager that either he was being imposed upon or else the purchasing power of the Dispensary was prostituting his authority and suggested that he discontinue his practice. He replied that the Dispensary authorities were strangers to him and that it was only a business matter with his firm; that the proposition had been made to them by tn tlipnw fliA Irnilp infn buuao pAl kioa b\/ DUiwri nuw w .MVW their bands for a reasonable commission and as a business proposition it was agreed to, but if questionable he would stop it. This is to the best of my recollection the conversation which took place between the manager of the Live Oak Company and myself. The result of my investigation was I discovered that the sum of $2,069 45 had been collected by W. T. Mixson and $t590.5O by James Mixson, aggregating $3,359,95. I immediately returned to Columbia, arriving here late at night. The next morning I sent for Secretary of State Tompkins, who is my neighbor, and reported to him the facts in the case as a member of the board. I told him to tell Colonel Mixson to call at my house. Col. Mixson came around and I told him or my aiscovery aaa told hiai that the indications were to my mind that he was a party in it. This he solemnly swore was not the case. The next morning I called on F.rans and made a verbal re port to him of my investigation, and told him I was ready to hand in a [ written statement of it whenever he wishes me to do so. He told me to keep the matter quiet just then and that he would see me and talk over the matter within a few days. Several days after I called again to see the Governor. He then told me that Colonel Tompkins and Comm:ssioner Mixson had called to see him on the night of the morning after my return from Cincinnati, and that they had stated that W. T. Mixson had confessed everything and that no case could be made against Commissioner Mixson. I remarked to Governor Evans that I was ready to Land in my official report whenever he desired it, and he replied that he would let me know ? ? ? i ? ?i j rrr m tt! wnen ne wantea it; inai w. x. juixson hail confessed and as there was no way to reach him through the law he did not then see what good the report coCild do. It was my intention to proceed to Baltimore from Cincinnati to investigate at that end of the line, but I decided to first return to Columbia and then proceeded to Baltimore from here But as tiie investigation resulted as it did I dismissed the idea of any further prosecution of the investigation and this was the end of the matter so far as I was concerned. UUE8T10NED BY LAWYERS. Mr. Barker asked Mr. Scruggs to turn to that portion of his evidence, referring to amounts paid to Mixson's boys and asked where he got his information, from the books? Mr. Scruggs: Yes, but I have no certiBed copy. The amounts appeared in the the cash book of the company. 1 made a memorandum of dates, but haven't them with me. The books were for 1895 and 1896, the last payment being made in 189U. I didn't see any receipts for the amounts. Manager Yost talked to me and showed me the books. He said it was simply a business proposition but if it Wtw W1UUE UO YVUUIU Ol/up It. Mr. Barber asked him about those letters previously referred to. Mr. Scruggs raplied there were only two. Gore/nor Evans: I am positive there is a letter about White's commission. I told you to keep it. Mr. Scruggs: No that was only a conversation. Mr. Barber: What facts led you to suppose rebates were being gotten in Baltimore? Mr. Scruggs: Just analogy. I supposed if they were being gotten in Cincinnati the same thing was going on in Baltimore. Mr. Barber: Did you find an7 ?? T7I M" lttUU lliai W UU1U UD WUtlUOlVDUU I'l JJUL. Mixson? SUSPICIONS AS TO TOMPKINS. Mr. Scruggs: No. That's just the trouble. I saw nothing to show that he knew his sous were getting commissions. I saw nothing against Colonel Tompkins. There was only one suspicious circumstances against him, which I remarked to Governor Evans, and that was his intimacy with Mixson. I asked him why he stuck to Mixson and he said he didn't be lieve he was guilty. Colonel Tompkins: Well, is there anything conspicuous about that? Mr. Scruges: Again Colonel Tomp? i i J T Kins was at my nouse ana i was copying what was paid to W. T. and James Mixson. He was looking over my shoulder. I put down a certain amont and said that was "for James." He replied "No, that is for William." Mr. Tompkins: Why did I say that? Mr. Scruggs: I may have gotten it wrong. Mr. Tompkins: It was in & little memorndum book. Where is if? Mr. Scruggs: No it was on a piece of letter paper in the memorandum book. Mr. Tompkins: Well, how was it suspicious as to me anyway. Mr. Scruggs: Because I didn't know how you knew what was William's and what was James's. Mr. Tompkins: You said there were suspicions as to me. Now what were they? Mr. ttcruggs: i nau noprooi. i was suspicious because of your friendliness for Mixson. Mr. Barber: Have you ever seen any letters implicating Tompkins? Any whiskey drummers, say so? Mr. Scruggs: No; White said he was guilty and then said he wasn't. Governor Evans: Didn't Farnham say Tompkins was too smart to be caught? Mr. Tompkins: That's right. You'd never get me through any boys. Mr. Scruges: To the best of my recollection White said he was in it. I 1 told Tompkins and then White denied it. Mr. Tompkins: Yes?, I pulled him out of bed early in the morning and he denied it. In reply to further questions by Mr. Barber Mr. Scruggs said: I saw nothing in Cincinnati against Tompkins. Saw an entry against Mixson and no drummer ever told me anything. By reason of his relation to his two sons T 1?I i_;_ :it T A x Huapecieu ma gum. x uuu t auun whether he received any rebates or whether auy officer of the dispensary did. Governor Evans: Did Tompkins visit the dispensary frequently? Mr. Scruggs: Yes, he came here every day. Mr. Tompkins: Don't you know I have been here as much since the board has been in office as before? Mr. Scruggs replied that he did not know. He was up stairs now. Mr. Nicholson asked whether he did not visit the dispensary frequently by reason of being a member of the board. Mr. Tompkins: I didn't come in that capacity, but simply as a friend of Mixson. ANOTHER LINK. Mr. Abuey asked whether prior to Mixson's incumbency purchases were not made from iihe Live Oak Co. Mr. Scruggs replied that be did not know, but he thought Mixson was the first to buy. Colouel Mixson inter jected that he was the first to buy from tbem. Mr. Williams: Did Yost assign auy reason why he paid the Mixson boys money Mr. Scruggs: Because he thought they could control the trade. He said the Baltimore firm was C. H. Ross & In reply to Mr. Weston he sud no names were mentioned in any letters that he opened. Answering a question from Mr. Barber lie said none of his investigation was ever reported bv him to the Attorney General. He said that the Live Oak whiskey was purchased unquestionably by the demand for it. All the fine whiskies are purchased from Ross <fe Co., and the Live Oak Co., about three fourths from Ross. Mr. Nicholson asked whether all purchases made by the board were not made by requisitions on the Commis sioner, which was answered in the affirmative. Mr. Scruggs asked Governor Evans ' could he think of anything which had 1 been left out and the reply was that i the evidence would be read over care- s fully to see. i MR. B. B. EVAN3. General Barber then suggested that j Major B. B. Evans next be examined. ( Governor Evans: He knows nothing , about it. These charges are against Barney. He don't make any charges. Mr. Tompkins was then asked did he ( wish to say anything else and he re- K sponded that he did not. After some consultation Mr. B. B. } Evans was called to the stand. He testified: Just before Mixson's appointment, he came before me in front of the Executive office and we walked to the end of the building. He asked me to take his son W. T. in business with me. He said we could run a brokerage business in whiskey and said; "I'll buy all the whiskey from you and nobody would know anything about it." I told him I would think it over. The next day W. T. Mixson came to me in the Senate chamber and said his father had talked to him about the conversa4: :il t ??:.l t 4~ LiULi YYIIU me. x ?mu x uuxi L euro t\j talk to you about it and he said we could make good money. I told him j I didn't want a partner and that was not the place to talK about such matters. Ia January I was about to leave . for New York and F. M. Mixson call- 1 ed to me. "Be sure and make that ar- ] rangement.' I paid no attention to ! it. 1 said nothing more about it until ] the latter part of March, when I asked ! John what he thought of the proposi- 1 tion. He said, "Don't you have any ' connection with it." I said I didn't see why. lie replied that if I was in it they would connect him. I didn't 1 want to do him harm and told him so. Later in the day I mentioned the pro i T 3 AA? 1 position OT J uuge rjugeuo \jrury turn u? gave me the same advice. I saw a telegram from J. W. Mixson to his father, who was at Old Point Comfort. It was from Atlanta and asked to be sent memorandum. Scruggs showed me a letter from Pee bles asking F. M. M'xson to come out to Cincinnati and bring "friend Tompkins," and asking can't you buv two or three more carloads per week and let the cars be labeled "3old to the South Carolina dispensary." Mr. Scruggs?I suppose every mm connected with the dispensary has been invited. I suppose this board has. Chairman Jones and Mr. Nicholson simultaneously, "I haven't." Mr. Scruggs said he had turned over the telegram and letter to F. M. Mixson. Mr. Evans resuming said the telegram was sent about July 15, 1895. Mr. Abney?This conversation with Mixson was during the session of the Legislature? Mr. Evans?Yes. It was conceded He wouia oe appointed. 1 Knew ne would be. I didn't think there was anything wrong in his proposition then, but I do think so now. I asked him whether he was to get the commissions. He replied no; he would give them to his boy. It never occurred to me it was an improper proposition. Mr. Abney asked him why he thought so now. Governor Evans remarked that it wasn't a question for this "boy" to say what was riaht or wrong, and Mr. Abney ought not to be asking such questions. Mr. Abney-r-I want to show that the proposition of Mixson was for his son to go into a legitimate business. He asked Major Evans did he not consider lhat his office would receive the advantage over other firms. Mr. Evans said he so considered it. Mr. Abney?Why then did you advocate his appointment? Mr. Evans?That was before I thought that anything was wrong with him. Governor Evaos?It is not a question what he thinks or Mr. Abney thinks is right or wrong. You know waii o?a nnf KmIn oi n r* nnf foct imnn TT JUIA UU? right. Mr. Abney?I want to bring out the facts and am acting more a friend o' your brother than you. Mr. Evans?I don't need any one to defend me. My statement is clear and explicit. In reply to Mr. Abney, he said he refused to discuss the proposition with young Mixson because he didn't want to and he told his brother nothing about it until March, because he had been to New York and had thought nothing more of.it until he came back. Mr. Abney?You mentioned something about Peebles's letter writing Tompkins to come on. Anything wrong with thai. Gov. Evans -Let the letter speak for itself. Mr. Abney and Mr. Barber had some talk about the irregularity of the examination, both admitting that the legal forma had been very much disKorvarrlorl Mn A Kriotr cairl Via rfirfn'l lUgHIUUlti -LJ?- i. t UVUWJ MM4U uw w propose to make any objections. Gov. Evans: I object to you having this boy (B. B. Evans) saying what is right or wrong. That is for the board to decide. DISPENSARY INSURANCE. Major Evans said the dispensary insurance business had been drawn in ' and it had been asserted that he wrote insurance at a higher rate in Anderson than it could be put at. He asked to be heard on that question. After consultation the board decided t;> hear him and ho said, In November, 1894, before I was placing this insurance the tariff association issued a circular taking dispensaries out of the batroom class. This gave them a lower rate and owing to adjacent buildings two per cent, was an equitable rate and no agent of the Southeastern TaritL' Association is authorized to make it lower. He went on to say that the Gov ernor had never given him a dollar of insurance, but had taken away some that he had gotten and gave it to others. Gov. Evans -That'sall been settled. Mr. Douthit -I want to ask a ques I lion or two to correct any wrong, if I any was done in those questions I gave Judge Earle. Was only insurance cancelled that hadn't expired and given to you? Mr. Evans?No, sir. There was a company that was going out of business in the State. The policies would all have been out in ten days and the agent was willing to waive that and though Colonel MixsDn objected, it was hnally waived and I reassured the business in another company. In reply to Mr. Djuthit he said the regular annual rate was charged. It was just before the board came in, but the policies would expire in a few days. Mr. iNictioisou asireu mr. isoumu how it was that Judge E*rle had said that ha (Douthil) couldn't get information from dispensary officials ? Governor Evans said he had said the board had refused the information, i ?-i There was some discussion as to what le had said and newspaper men were ippealed to, who said the Judge had laid that "dispensary officials" would lot give the information. The board adjourned until the after100a in order to give Mr. Scruggs a shance to hunt up the letters and telejram. AFTERNOON SESSION. On reassembling at 4 o'clock Mr. Scruggs stated that he could not find he letters wanted. He said there was lothing in the Francis Kelley letter. Che letter Governor Evans refers to :an't be obtained unless it is written por. 1 stated in my testimony I said the Irst letter had a suspicious statement jecause the writer said something ibout freight rebates and the money jeing sent by currency. Mr. Nicholson?Col. Mixson, can't pou get tbat letter? Mr. Mixson?No, sir. If it is on file Vlr. Scruggs has it; he has charge of ill such correspondence. Mr. Scruggs?The second letter dissipated suspicions about the first. Governor Evans?Oh, yes, there is ! n fViof Tha 1attAI> T rflfflrPfld :o was from the Live Oak Co., which [ cautioned Mr. Scruggs to keep. Mr. Scruggs said he couldn't rememi>er the date of the letters. But by reference to his cash baok he could :ell the time. But there is nothing in it. The second letter brought the freight rebates which were deposited in the bank and the first letter was dissipated. Mr. Abney: When the board went into office, who had charge of correspondence? Mr. Scruggs: I and Col. MLxson. All was put together and filed away. Mr. Abney: You didn't say anything to Mixson about your first suspicions? When the second letter came you say your suspicions were dissipated when Mixson placed freight rebates in the bank? Mr. Scruggs: Yes. In answer to another question he said the Live Oak letter referred to was one in reply to one written by Mr. Mixson to the Live Oak Company. I judge he had written about a mark down in prices. The substance is that if our goods are marked down White can't get any more commissions. Mr. Abney: What's that to do with Mixson? Wk Qsimiflrrra Thot'a fni" tha hoard AU.&* k'Vi W68M' *UM? M aw* ?? ? ? to say. Mr. Abney: Was anything in that letter which came officially that justified you in thinking Mixson dishonest? Mi. Scruggs: It was a curious thing to me that White was getting commissions ard Colonel Mixson knew it without pi-otest. Mr. Abney: Do you see anything wrong in that? ' Mr. Scruggs: I see-no wrong in -> White getting rebates. Mr. Abney: Was any attempt to conceal letters made on the part of Mixson? Mr. Scruggs: I got it first while Mixson was absent. I placed it on file. Was filed in his desk. Mr. Abney: The Governor says you exhibited letters to him? Mr. Scruggs: That was the letter. Mr. Abney: You showed it to him? Mr. Scruggs: Yes, but I told him of other letters and then filed them in his desk. 1 received ana ODenea mora letters in his absence. I don't remember the time of this Live Qak letter. Think it was last winter. I don't know when Mixson wrote to White. I rever read their correspondence. Mr. Scruggs said he had looked for the J. W. Mixson telegram but Mr. Gray of the Western Union told him it had been forwarded to New York and had kept no record of it Records were only kept six months, then destroyed. Mr. Abney remarked that this telegram was very important and the chairman could get it by sending to headquarters in New York. He asked Mr. Scruggs to tell what was in the telegram. He said it was sent in July, 1895, and was, "Send memorandum at once," and signed by James Mixson in Atlanta. It came to the office unsealed. Mr. Abney: What was in that to say any man was dishonest? Mr. Scruggs: I cad't draw inferences for the board. Mr. Barber next questioned the witness about when the telegram came. He said he was sitting at hia desk. B. B. Evans was there and read if before 1 did. Mr. B. B. Evans: No, you showed it to me. (Laughter*) Mr. Scruggs said he had sent it to Mixson's house, knowing that he was going away that morning.: Mr. Barber: Do you know anything that would connect James and Colonel Mixson in receiving rebates before James left? Mr. Scruggs: Not a thing. James had nothing to do with the Dispensary I had charge of the invoice books, but Colonel MixEon had access to them. Thev lay on my desk and his sons could look at them if they wanted. 1 don't know as a matter of fact that they did, but one might when I left work. Colonel Mixson and one of his sons were left in the office. When I came back next morning the book was in Colonel Mixson's room. This was several days before receiving' the telegram. I think it was W. T. Mixson in the room, but don't know as a matter of fact that he looked at it. In answer to Mr. Abney he said Col. Mixson had a right to look at the books end ordinarily there would be nothing wrong in him having it in his room. Mr. Barber started to ask him whether he believed anything wrong had been done, when Mr. Abney re marked: "Let's atop this irregular examination." TUK STA.lt WITNESS. Jirfore introducing Colonel Mixson as a witness Mr. Abney said: We applied to the Western Union lor that telegram of July 15 and Mr. Gray says he finds the record of no message passing between J. W. and F. M. Mixson on that date or in 1890. If the board will apply in New York they can cet it. Mixson ought not to be put to the expense. We feel confident there is no such telegram. Then we applied to the Po tal Telegraph. Their files were examined by manager J. E. Moore and the record of no such message has been found. Really this is about the only thing againt Mix son. If there is any other evidence to be had against Mixson or in an ott'-hand way about Tompkins it should be presented in justice to them. I am ready to ask Mixson to take the stand. In reference to those letters, if they are lost wo ran't lielD it. The last we heard of them they were in the hands of Clerk Scruggs and the Gavernor. |CONTINUED ON PAGE 4.J