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THE TESTTMOJOr. (Continued From Page Two.) ?were present when he voted? A. Tea sir. Recross Examination by Mr. Welch. Q. You would take Mr. Fair's word ?vei* the phone? \. Yes sir. Voted at Wrong Frecient. J. K. Hane, Jr., being duly sworn testifies as follows: Q. Yon were one of the managers at Fort Motte at tbe recent election A. Yes sir. Q. You voted at Fort Motte? A. Yes sir. Q. Mr. A. C. Arant voted there did he not? A. Yes sir. Q. How about Mr. D. A, Ayers? A. Yes sir. Q And Mr. T. W. Wise? A. Yes sir. Q. How about C. H. Geddings? A. Yes sir. Q. Tell us about the tickets fur nished you to conduct, that election with what ballots were sent you. Fort Motte box introduced. Opened and ticket taken out. Q. Was that, the kind of a ticket furnished you? A. Yes sir that looks like one of them, I would not swear that it was worded that way. Q. It looks like one of the ballots furnished you? A. Yes sir. Q. Is that the kind of ticket that you voted? A. I voted a ticket like that. Ticket introduced. Decembebr 17th, 1907. Election on the question of Creation of a new County oat of parts of Lexington and ? Orangeburg Counties. Shall the new County lw? created? YES. What shall be its name? CALHOUN. Where shall the County seat be located? St. Matthevs. Q. Was tnere any other ticket fur nished you? A. Yes sir, that had the answers blank. Q. That had the questions printed and no answers to any of the ques tions? A. Yes sir, that is right. Q. What was your rule with regard< to having the voters produce their tax receipts? A. We carried that right out. Q. What was your rule? We made them all show their tax receipts and registration certificates. Q. Their tax receipts for what year? A. For 1906. Q. Did every man who voted pro duce his tax receipt. A. No sir, there were two young fellows just of age who voted and did not have to pay any tax but they had their registration certificates, t, Q. What were their names? A. One of them was Mr. E. R. Bozard. Q. How old were they? A. They were just of age, I believe that Bo zard was the only one that did not show a tax receipt. Q. You don't remember any one else? A. No sir. Cross Examination by Mr. Welch: Q. You had a blank ticket there too? A. Yes sir. Q. It corresponded with that other ^ ticket all except the answers? A. Yes sir, it was just like it. Q. The answers were blank? A. Yes sir. .Q. Suppose this was the table that your box was on there was a bunch of tickets their of either kind? A. Yes sir. Q. Each elector was allowed to vote ju3t as he wanted to? A. Yes sir. Q. How many voted in your box? A. There were forty-seven. Q. How many of these were against the new County!? A. None sir. Q. Was anyone afraid to vote a yes ticket. Objection. Opinion. Q.Did you managers direct anyone as to which ballot to use? A. Not .to my knowledge. Q. You were there all day? A. Yes sir. Q. The voter was allowed to vote as he pleased? A. Yes, sir. Q. How many voted for Calhoun County? A. There were forty-seven, sir. From Whore They Return. T. M. McMichael. County Auditor, testifies as follows: Q. Please tell up from what Town-j dhlp D. A. Ayers make his return for | poll tax? Objection from where you make your return is not a designa tion of your residence or your right to register. Q. Have you the return of A. G. Arant for 190C? A. Yes sir. Q. Have you the original return? A. Yes sir. Offered in evidence and objected to as irrelevant. Q. Have you your books bore for 1907? A. Yes sir. Both books of fered in eveidence and introduced. Q. How about D. A. Ayers? A. He returns from Amelia township in 1907. Q. How about T. F. Wise? A. Pine Grdve 1906 and 1907. Q. How about J. K. Hane, Jr. A. Pine Grove. 1 906.and 1907. Q. C. H. Caddings? A. Pine Grove 1906 and 1907. Record goes in sub ject to objection by Mr. Welch. Q. C. M. Barton? A. He returned in Amelia 1906 and 1907. The tax return of J. F. Antley back taxes for 1906 made the 19th of August offered in evidence subject to the ob jection of Mr. Welch. Registration Books Not Open. W. V. Culler being duly sworn, testifies as follows: Q. What position do you hold Mr. Culler? A. I am one of the Board of Registration. Q. How long have you been serv ing? A. About four years sir. Q. Have you the registration books here for the voting precincts of Lyons, Caw Caw and Amelia town ships? A. Yes sir. Q. How many voting places in Caw Caw? A. There are two sir. Q. What, are they? A. Advance and Fall Branch. Q. Have you the books here with you? A. Yes sir. Q. There are two books, are they correct copies of each other? A. Yes sir. Q. What one is this. A. Fall Branch. Books oiTered in evidence. I Q. What book is this? A. That is Advance. Q. How many voting places in Pine Grove? A. Only one sir. Q. What is that? A. Lone Star. Q. This book i3 for what? A. Pine Grove. Q. How many voting places in Anelln? A. There are two. Q. These are the Books of regis tration for all these precincts? A. Yes. Q. You have been one of the sup ervisors for four vears? A. Yes sir. Q. Tell whether you opened the books of registration for Orangeburg county, in the county, outside of the Court House? A. No sir, we did not. I want to explain that. We have to give notice two weeks, before the books are opened, and that must be done thirty days before the election and when the Governor ordered this election we did not have the neces sary time. Q. Djd you open the books at El loree? A. No sir. Q. At St. Matthews? A. No sir. Q. At Cflmeron? A. No sir. Q. At Lone Star? A. No. Sir. Q. At Fort Motte? A. No sir. Q. At North?- A.. No sir. Q. Have you opened the books of I registration at no place, except the Court House here in Orangeburg? A. (No sir, we were to post the towns jtwo weeks before the date of regis tration, and that date must be 30 [days before the election, and we did not have the time to do that. Q. How many inhabitats has the town of Norths? A. I don't know sir. Q. Has it over three hundred? A. I could not tell you that. Q. How about St. Matthews' A. That has over three hundred. Q. How about Cameron? A. I don't know about that. Q. How about Elloree? A. That has over three hundred I think sir. ' Cross examination ny jjr Welch. Q. In registering the voters in this election did you abserve the same rules that you have always observed? A. No sir, we did not, in the prev ious elections the secretary of the clubs sent in a list of names for 'who he wanted certificates, but in this case we complied with the let ter of the law. Q. While heretofor you had shown I some liberality? A. Yes sir. Q. In this election you conformed to the letter of the iaw? A. Yes sir. Q. Did any one' from Elloree or North or any of those precincts ap ply to your board to come to any of those places, and sit as a board? A. I doa't think sir that the laws makes any question as to that, I think that we had to go, sir. Mr. Wolfe: The act is mandatory,1 Mr. Welch. Q. If they had applied to you, and you had had time to go would your board have gone? A. Yes sir. Q. Your failure to go there was not your fault? A. No sir it was not our fault. I Q. In registering the people of ^ this county have you complied asj nearly as- you know with the law and its purposes? A. Yes sir, we have to a certain extent, not alto gether. Q. Those in whose cases you did not comply strictly with the law, you were satisfied they were alright? A. Yes sir. Q. Otherwise you would not have done so? A. Yes sir, that Is right. Not on Tax Books. T.. M. McMichael recalled, testifies , as follows. Q. Have you made an examination j of the records of your office as to j tax returns for 1906? A. Yes Eir I have. Q. A man cant pay taxes without returning for it can he? A. No sir. Q. You have made an examination of the hooks in your Office? A. Yes j sir I have examined the books, the j tax duplicates for the following; names I made an examination of the! tax duplicates and the names did not appear on the record. I, A. D. Fair, County Treasurer of! Orangeburg County, do hereby certi-l fy that the following named persons) were not entered upon the tax list! and books for Orangeburg County, i for the fiscal year of 1906 and paid j no taxes in said county for said j year, to wit: Lucius M. Bates, P. E. Barron, E. HI Cousins, Lewis Car roll, H. L. Herlong, H. G. Molony. P. S. Zeigler, B. A. Bridges, L. M. Cox, L. L. Chartrand, F. M. Hauser, Joe Murray, 0. C. Robertson, J. H. Thacker, Paul Yancey or Nancy. I hereby further certify that the following persons paid tax on Dec ember 16th, 1907, for the fiscal year 1907, to wit: B. A. Ihidges, H. G. Moloney, E. H. Cousins, O. C. Rob ertson. Respectfully, A. D. Fair, County Treasurer, O. C. Some Tax Executions. A. W. Tharin being duly sworn testifies as follows: Q. What position do you hold in this county, if any? A. I am deputy Sheriff. Q. As such tell whether the col lecting of delinquent taxes comes un der your dirty? A. Yes sir it does. Q. About what time were the exe cutions turned over to your office by the Treasurer? A. About the 15th of! May, 1907. Q. About how long did it take to enter them on your books? A. About four days and nights. Q. Tell us with regard to H. H. Johanson, whether you have an execution against him or not? A. Yes sir. Q. Tell us about Frank C. Cain? A. Yes sir. Q. Tell us whether or not yon had one against F. F. Hill? A Yes sir. Q. How about John F. Antley? A. Yes sir I hud one against him. Q. Were they all paid in due course? A. Yes sir. They were not paid till August or September. Q. This years or 1906? A. They were for 190C. Q. And the execution wore paid in August or September of this year? A. Yes sir. Q. Did each one of those names carry a poll tax with it? A. Yes sir. (Record offered in evidence. No ob jection.) Q. Can you turn to those names and tell when the executions were ' paid? A. No sir I can not but they were either paid in August or Sep tember. Q. All of those four were paid he fore the seventeenth day of Decem ber this year? A. Yes sir. Registered Wrong. State of South Carolina, County of Orangeburg. The undersigned persons being duly sworn say on oath, that they are duly qualified electors residing in that portion of Orangeburg Coun ty, from which it is proposed to form Calhoun County, but they are regis tered at the voting .precinct of North, S. C, which is in Elizabeth Town ship, while they reside in Caw Caw I township; and if they had not been wrongly registered they wc-.ld have voted at Advance against the form ation of ..he new County and that they applied to vote thereat but were refused. H. K. Hooker, M. D. Hooker, J. H. Amaker, W. P. Gortman, I. T. G. Hooker. Sworn to before me this 23rd day of December, 1907. (L. S.) S. H. Stabler, Notary Public, S. C. Mr. S. G. Hooker of Advance made affidavit that he did not vote because he thought it no use in the fp.ee of the fact that so many opposed to the nev county Iii Goodbys and oth er townships were disfranchised. TESTDIONY OP THE DEFENCE. The contestants having rested af ter examining the last witness, Mr. Welch put up the following witness es for the new county advocates: More About Tickets. J. Scottowe Wannamaker being duly sworn testifies as forrows: Q. Where do you live, Mr., Wan namaker? At St. Matthews. Q. Is that in the proposed area of Calhoun County? A. Yes sir. Q. Are you a qualified elector of this State and of the United States? A. Yes sir. Q. You have paid your last year's taxes? A. Yes sir. Q. Did you have anything to do with mapping out the lines of the proposed new county? A. Yes sir in the entire section. Q.-I hand you a map of*the New County, explain it? A. We adopted the plan of seeing the parties along the lines of the proposed new Coun ty and asking them if they wanted to come into the new county, we took in as far as possible only the people who wanted to come in, of course there were times when we had to deviate from this rule, but we tried to leave out the people who were opposed to the ffrmation of the new County. The line below Cameron that are in dispute I have a drawing of and that will show that they are extremely crooked, that is on account of cutting a man and his place out because he was opposed to the new County. In running these lines we did not consider the voting places but only the voters, in no case would we have cut out a mans vot ing place to keep him from voting, I was of the opinion that every man included with the lines of the new County could vote, under no circum stances would we have intentionally prevented a man from voting. Mr. Wolfe: I think that is an ex pression of opinion. Mr. Herbert: We are willing to admit that the pormoters of the new County did not know that these peo ple did not have the right to vote, we do not charge that these voting places was intentionally lef out, we do not charge that the people had the lines of the new County so run as to keep anyone from voting, we do not charge that it was intentional. Q. You had the tickets printed upon which the answers appeared? A. Yes sir, the Calhoun County As sociation did; I directly had it done for them. Q. What is this? A. That is a bill from the State Company for printing three thousand tickets, charged to J. S. Wrnnamaker. Q. What tickets were those? A. 17th, the tickets that our friends printedt o use at the election of the 17th, the tickets that our friends are raising such a rumpus about. (Hill from the State Company Intro duced.) I want to say that the let ter that Mr. Dantzler eferred to I had and I cant lay my hands on it just now, the letter to him that he must be non-partisan and that the tickets must he printed in blank. Mr. Dantzler had nothing to do with the yes tickets, I brought them down from Columbia myself, Mr. Dantzler had nothing to do with them. I want to state about those negro votes that mention was made of yesterday, we made no effort to secure the colored! vote, we rather tried to dis suade them from voting, there was not a dozen in that whole area that voted, regardless of the fact that up in Lexington there were representa tives who tried to get the fifteen registered there to vote against the formation of the new County. Some More Affidavits. The State of South Carolina. The undersigned being duly sworn says that he resides in the proposed territory taking to form Calhoun County and in the portion of Orange burg County, that he is a qualified elector, that he is one of those qual ified electors who was unable to vote on account of no voting place being opened at which he could vote, if he could have voted he would have vot ed yes on the question of the forma tion of the new county commonly spoken of as Calhoun County. S. C. Kennerlin. Similar affidavits were introduced signed by 11. L. Jackson. F. V. Haig ler. R J. Browning, P. L. Polin. J. L. Haider, J. P. Kemmerlin and B. E. Cuttino. S. J. Holliday testified as fol lows: Q. Did you have a copy of the poll lists made for the attorneys in this case? A. We had it done by a Stenographer. Q. Do you know whether Willie Felkel is on that poll list or not, as having voted at Cameron, look on your list and see whether W. D. Felkel voted at Cameron? A. Yes sir, W. D. Felkel did. Q. Get the Advance poll list and see if H. K. Hooker and W. P. Cort man voted there? A. W. P. Cortman voted at Advance. Mr. Welch: The following note is written after the name of M. P. Hooker. "Number would not tally written after name on poll list. I, A. D. Fair, County Treasurer of Orangeburg County, do hereby certi fy that the following named persons were not entered upon tax list and books of Orangeburg County for the fiscal year 1906 and paid no tax in Goodbys township, of said county for year, to wit: W. D. Felkel, T. C. Bair, O. L. Edwards. 0. L. Ricken baker, W. J. Strock, Shuler H. Houck, 0. H. Dantzler, Adolph Mur phy, Manny Rickenbaker. Respectfully, A. D. Fair, Jan. 1st, 1 907. County Treasurer. Heyward" Trezevant being duly sworn testifies as follows: Q. Do you know J. K. Hane, Jr.? A. Yes sir. Q. Do you know A. G. Arant? A. Yes sir. Q. .Do you know T. F. Wise? A. Yes sir. Do you know C. A. Ayers? A. Yes sir. Q. Do you know C. H. Geddings? A. Yes sir. Q. Do you know where they have been voting? A. They belong to the same club that I belong to and j have been voting at that club ever since it has been organized, at Fort Motto. Q. They have been voting there as Democrats? A. Yes sir they have been voting there and Mr. Arant was one of the Managers. T. K. Hane, Jr., being recalled tes tines as follows: Q. W"ere do you live? A. I live at Fort Motte, about three miles and a half from Fort Motte. Q. How old are you? A. I am twenty-eight, sir. Q. Where have you been voting all your life? A. At Fort Motte. Q. What does your registration certificate read? A. Fort Motte, I want to state that is the same certi ficate that I used in voting for Col. Herbert when he was out for- the Legislature. Voted on Affidavits. J. H. Loryea testified as follows: Q. Were you one of the managers at the new County election? A. Yes ?sir. Q. In conducting this election what rule did you observe? A. We re quired the voters to produce their registration certificates and tax re ceipts or proofs thereof. Q. Do you know L. M. Bates? A. Yes sir. Q. Did he produce a tax receipt? A. No sir, he had just come of age. Q. You know L. L. Chartrand? A. I cant state that he had his tax re ceipt but he either had it or pre sented proof that he had paid his taxes. ? Q. Your board satisfied itself that he had either.. the xeceipt or the proof thereof? A. We did not allow any one to vote without their tax receipts except a very few, J. M. Payne was one, he is ninety years old or claims to be, he pays no taxes, he has nothing to pay on, but he pro duced his registration certificate, Wm. Glover was another, we made no question ac co him. he came there without his registration certificate and we sent him back home for it, there was another that turned up there with his registration certificate and tax receipt, we refused to allow him to vote because there was some doubt about his, we did not let him vote, there was some legal question, he was a school teacher. Q. You followed the instructions of the election commissioner in con ducting this election? A. Yes sir, there was a man there whose certifi cate was number 272 and he had a tax receipt for 190G and referred to the book and found that 272 was another name and we declined to let him vote. Q. You rocularly followed the law as you saw it? A Yes sir. Cross examination by Col. Herbert. Q. Who was the teacher that you referred to? A. J. S. Jourdine. Q. Neither Glover nor Payne, nor Jourdine apoear on our list, you al lowed .Mr. Chartrand to vote? A. Yes sir, we allowed him to vote. Q. He has some property? A. No sir none that I know of. Q. Dont he farm? A. His wife has a little place I think, two or three acres, may be. Q. Mr. L. M. Bates was just re cently of ago you say? A. Yes sir. Q. Barron and Cousins and these fellows dont appear on the books down there, you were not there at! the polls all the time, you went to freakfast and dinner? A. Yes sir, I suppose I was away about an hour. Q. You are not positive that all those gentlemen produced tax re ceipt? A. They either produced their receipt or proof thereof. Q. What was the nature of those prooffs? A. Affidavits sir. Q. Did you put those affidavits in the election box? A. No sir. Q. What wore those affidavits? A. Barrons was that ho had paid his taxes in Fairfield County. Q. What other affidavits? A. Cousins had one from Newborry. Q. How Ion? has Barron been there in St. Matthews? A. A year I sup pose. Q. How about Cousins? A. He hns been ..here about nine months, Car rol! is just twenty one and Molony must, have produced an affidavit. Q. Why (lid you not put those affi davits in the box? You did not have a certificate from lb" County Treas urer did you? A. No sir. Q. Did anyone vote on a 19'?7 tax receipt? A. Thai was not allowed, it may have slipped in. I don't claim to l>e infallible you It now. Q. It. might have happened? A. T have my doubts about it sir. Q. Take O. C. Robertson, lie came j from Caw Caw. he has lived there: all his life has he net? A. He has' been in St. Matthews for six or seven months, he came there before the Oil ! Mill started up. Q. Suppose the tax books show' that he did not pay any taxes except! (Continued on Page Four.) M. O. Dantzler Hardware and Furniture ORANGEBURG, S. C. Fittings Hardware, Guns, Sporting Goods, Tinware, Belting, Machine Piping Cut and Threded. AGENT FOR THE FOLLOWING FIRST CLASS RELIABLE FARM MACHINERY: Johnston Mowers, Rakes and Disc Harrows. A foil line of repairs for these machines always carried in stock. The Celebrated Farmers Favorite Grain Drills. 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