The times and democrat. (Orangeburg, S.C.) 1881-current, January 07, 1908, Page 3, Image 3
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.)
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