Historical Newspapers of South Carolina

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VOL. XII. MANNING, S. C., WEDNESDAY, SEPTEMBER 23, 189.N THE STATE DISPENSA RY. -HE RECENT SCANDAL INVES IIGA F ED BYT i-ESTATE BOARD. Governor Evans, Commissioner Mixson and Others Testify-No New Facts Brought Out-Interestlug- Reading-No Action Taken by the Board. COLUMBIA, Sept. 17.-The State Board of. Control was engaged all day yesterday investigating the dispensary mcandal. The examination began in the office of the board at 9:30 and with two hours intermission was kept up continuously untilS p. m. All mem bers were present as well as all of the legislative committee. The witnesses examined were Governor Evans, Mr. S. W. Scruggs, Colonel Mixson, J. W. and W. T. Mixson and Col. D. H. Tompkins. Chairman Jones called the b3ard to order, whereupon Attorney General Barber, addressing the boaru, said that he was present ia obedience to the Yes olution of the board and was ready to perform any duty tie board might call upon mm to perform as he was legally their counsel. Chairman Jones stated that the board wisned him to examine the witnesses and suggested that in order thathe might be familiar with the purpose of the meeting that the pubhsned cards of *overnor E vans and Colonel Mixson be'read. Mr. Barber thought that unnecessa ry, but asked that ne stenographer be sworn, remarang at the same time that the board =aa no authority to ad ninister on oath. Chairman Jones being a notarypubhe admimitered the oath and the Doard was reaay for busi ness. Mr. Barber: What witness do you want to examine? Governor Evans, Colonel Tompkinsana Colonel Mixson ar 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 togo as far as possible. We agreed last night that it was beyond our power to investigate beyond our employes. Mr. Williams said that was tne de timn. The board would have no right or power to go outside. 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 appearin his behalf. In doing so he baueved'he was not tagr;nm the - proprieties when he callea to the at entin of the board the word "thor ougnem their resolution. There is no lmiration to it, He understood that hke Doard came into office on April 1. If yowarem tamccneJyorsekfro anioerthat utme it could be understood. ntUZ thescope of the examiniation as inimated is not in keeping with the resolution. Chairman Jones stated that what prompted him-to call the board togeth er wasathe open letters of Governor and ommissione Mixson. He -uioughtz ii necesary that the matr be looked into aften that. If they had . not appeared he would have seen no cause ior calling the board together. Tnam's why they are here to consider natters charged in those letters. Mr. Douthit. We are to consider theme and any others that may come ont of them, Mr.icholson: In other words we want a searching investigation of all mattme pertaining tothe management of the dispensary. Mr. Williams: Our understanding was that these charges are to be inves tigated. If anything further comes up, we will investigate that unless some objeotion is made. The 30opeof theexamination having thus been definitey determined, the lawyers had' a little consultation and after awhile Attorney General Barber ad that the Governor be sworn, which Chairman Jones proceeded to do. General Barber then asked him to state what he knew. GOVERNoE EVANS. Governor Evans tesuifiect: I don't kow anythihng further than what is contained in my letter. Most of the evidence I have is hearsay. The only thing in the 'way of positive evidence are Missoni's statements and his boy's confession, which are in my letter, which, I believe, have not been con troverted so far as the material part is concerned. The only thing I have to state ist what is in my letter. Mr. Nicholson: In order to refresh the mindsof the board would it not be better to read the letter? There was no second and Governow * I~vans continued: I'll just state that the facts stated in that letter were brought to me by circumstances and by statemwnts of the clerkof the board dadndm to.believe that the Comn -.rissioner or .parties connected with him were getting money from whiskey men. At this point General Barber inter rupted and said that Mr. Abney had been cnsnlting him about cross-ex amination of witnesses and he sug gested that the board grant Mr. Abney that privilege, which was cheerltally done. Governor Evans resuming: These reports went on from time to time and in conversation with Mr. Scruggs he said he could get the evidence for me if heleft the State. I told him he had my permission to leave and he said he wanted to go to Cincinnati. He did so and returned with evidence against Mirson's son. Then Tompkins and Mixnon called at the Mansion and it was agreed that they should get a con fession from the boy. The next morn ing Tompkins came to my office 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 confession, but pro tested that he had no knowledge of the transaction and stated that his son had been overreached by the whiskey men. I suggested tnat tie 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 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 had no direct evidence againstihim. AlIknewhis boy ha been overreached. Tompkins and my self discussed his resignation and we kne w we were powerless and dropped the matter. I never received any evi dence that Mixson got rebates. The rest was suspicion, .uch as a letter from Francis Sitelly in reference to rebates and another from Peebles, in 'which he statea that the price of wnis -key must be raised oc- somebody' commission would stop. These were shown me by Scruggs. Mr. Seruggs: No tha!. was a conver stttiou I reported to you as havinug had with White (Peebles' representative.) There was no letter. Attorney General Barber: Do you know positively that Colonel Mixson or any other one connected with the dispensary received rebates? Governor Evans: All I know is heresay. I had no direct evidence. If I had I would have acted at once. Mr. Scruggs: You didn't have sutti cient evidence; that was your final conclusion? Governor Evans: Scruggs is more familiar with it than I am. CROSS-EXAMINED. Mr. Aoney: In, reference to the let ter shown you by Scruggs, when was that? Governor Evans: It was previous t-. his going to Cincinnati--about a month. Mr. Scruggs: It was in the fall, be fore Christmas. Mr. Abney: What has become of the Skelly letter? Governor Evans: Scruggs has it on file, I suppose. Mr. Aoney: Let's have it and let the board draw its own conclusion. Mr. Scruggs promised to hunt up the letter and Governor Evans con tinued: Something was said about Peebles raising the price cf his liquor 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's commissions must stop. Mr. Abney: Was Scrugg's evidence written. Governor Evans: I never saw it. Tompkins and Mixson reported it to me and after Mixson's son confessed. I never asked for it. Mr. Abney: Didn't you find from your investigation that there was notthing against Mixson-that he was innocent? Governor Evans: Well, everybody had suspicion. Mixson' had received overtures from wtuskey men, among them White, about which he told me. I told him he ought to have kicked White out. Later during the Consti tutional Convention he sent me a note asking for a card of admission to the floor ior White. I told him aftewards that he ought not to be asking favors for White in view of what had occur red. Mr. Abney: Having gotten all the inforpation you could and finding no cause for punishing Mixson you pass ed the matter o-(er? Governor Evans: Oh, yes, I told Mixson I had no desire to punish an innocen. man and if be could convince me that he knew nothing of his son's transactions I would do nothing. Mr. Abney: Didn't you afterwards send in Mixson's nomination to the Senate and tie was confirmed? Governor Evans: On, yes, it was a miatter of form. I had nothing direct against him. The Legislature was in sssion-whenthesetingswere brought ouL In view of them I determined to recommend a law so as to. put these rhngs 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 they could produce the evidence. I have been trying to get the evidence, but haven't been able to substantiate them. I have never made any charges but have only acted in my capacity as Governor. Mr. Abney: In your lett er you state that Mixson received a desk, Is that not being used now? Governor Evans: I don't know. Owner reports were made and I told Mixson Mr. Abney: I only want to show that you have not been derelict in your duty and had no cause to remove him. Governor Evans: Well, there have been many reports, but no one ever brought me positive proof. Attorney General Barber-Any thing else, Governor. Governor Evans: All I know is about employees which I have stated. If anything else is brought out I will have sometning to say. BY THE MEMBERS. Mr. Williams: You speak in your letter about "Mixson" dealing with whiskey men. What ,Mixson? Governor Evans: Commissioner 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 that all could see the reason of the opposition to you. What did you mean by that? Governor Evans: Well, Mixson feu out with me because I was trying to secure the evidence. He was mad because of the fact that Scruggs went out of the State without his knowledge. Scruggs was appointed by him. Weren't you. Mr. Scruggs: Yes, but you know you said 1 was to be your personal representative and see that things were kept straight. G*enerai Barber: There was never any report of this matter made to the Attorney General's office? Governor Evans: No, because I didn't have the evidence and the State had nothing to do with the Mixson boys. SENsATIONAL STATEMENT. Mr. Willhams: You speak in your letter about "these men." To whom do you refer? Governor Evans: Well, Scruggs said Tompkins was as deep in it as Mixson. Mr. Williams: You have never seen his evidence? Governor Evans: No. Mr. Barber: What positive evi dence have you against Col. Tomp kins? Governor Evans: None, except Scruggs' statement, and the intimacy that existed between him and Mixson. Tompkins got mad about the bill I re commended, saying it would be a re flection on him, but I have no evidence except hearsay. Mr. Scruggs: Please state exactly what I said. Governor Evans: I don't remember now. Mr. Scruggs: You remember 1 said Colonel Tompkins was as deep in it as Mixson--Colonel Mixson? ALL ABOUT HUBBELL. In reply to a question by Mr. Wes ton the following information about Hubbell was given: in regard to this matter of purchase Huobell1said he couldn't do business with the Dispensary because Mixson was being paid commissions by other whiskey houses. Hie stated to me what you have already seen in print. I told him if he could show me that his prices were less than those being I made Scruggs make out a price list and sent it to Hubbell, who sent his prices in return. Then it was that Mixson said Hubbell had offered him a bribe. I never asked Mixson to pur chase from him after that. Then the correspondence between the two ap peaaed in the papers. Hubbell again told me that Mixson was getting com missions, and I told him to go and state hi-Q case to the board, which he did. Mr. Williams: You never saw those telegrams and letters until they were published? Governor Evans: No, but Hubbell told me something about the R. M. Mixson letter. Mr. Williams: He never told you over a year ago that all the evidence had been submitted to Senator Till mant Governor Evans: He never said anything about it tome. Tillman nev er told me. We did speak to your board about it, and Tillman wrote you a letter, saying it would be an act of gratitude to buy from Hubbell in view of what the Mill Creek Cnmpany had done to help the Dispensary at the start. Mr. Williams: You never knew anything about R. M. Mixson's letter of introduction to Hubbell? Governor Evans: No, not until it was published. Hubbell told me he was satisfied something was wrong, and said he had seen R. M. Mixson, He said, in reply to a question by Mr. Weston, that Scruggs furnished him with assurance that he had gotten 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 ef fect. COLONEL TOMPKINS. Mr. Barber: Colonel Tompkins has been brought in and I suggest that he be heard. Colonel Jones said he certainly would be given an opportunity and he asked Mr. Tompkins if he wished to make a statement, to which he received a negative answer. THERE WERE OTHERS. Governor Evans had completed his testimony, remarking that all he had V1Say was in hisletter when Mr. Abney asked: Were the rumors you speak of confinid to one man? Governor Evans: No, there were several of them. It was rumored that 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. Have you in any shape or form ever received or been offered any rebates? HE NEVER GOT AMY. Governor Evans: No, sir. Naobody has ever offered me any. Mixson had the exclusive privilege of purchasing, and I only asked him to buy from Cranston-to give him a small order. He was an old friend of ml family and represented Baker's whiskey, for which there is a demand. Beyond that I never had anything to do with 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 pao le would say he was getting rebates. had, I suppose, 100 conversations with Mixson on the subject, warning him. The Governor concluded by saying that his services were at the disposi tion of the board, and he would be glad to answer any questions at any ime. Mr. Barber said that a great deal of importance attached to those letters referred to in the testimony and he 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 testi mony was wanted next. SCEUGGS's TEs T~IONY. There has been a feeling pervading all shades of public opinion that Clerk Scruggs could a tale unfold that would harrow up the very souls of the people. Consequently whenhe was called every body drew up close so as not to miss a word. Mr. Scruggs prefaced his testimony by saying that he would have to de pend on his memory and make state ments from recollection. He had a treacherous memory on account of the business he was in-bookkeeping-but he had hurriedly written out his re collections of conversations, etc., which to the best of his knowledge and belief were true. He then read the followhr: What I shail say relating to the de tails which led to this investigation by me of this rebate question must of ne cessity come from memory and some things which have happened may have passed from my mind, but I think all essentials are still remembered by me. All the knowledge which I have of this affair bearing upon my official in vestigation when fully told cannot do much more than confirm as a whole the published letters of Governor Evans, Commissioner Mixson and W. T. Mixson, as I remember them. I have read these letters only once-and then hurriedly-and for that reason would not undertake to confirm them unequivocally, lest possibly some point of issue contained therein escaped my attention. From my recollection of Governor Evans's letter, so much thereof as re lates to my official investigation of this matter. is in the main correct al though his statement of the details leading up to the investigation are not wholly correct. This I can easily ac count for from the fact that he is de pending entirely on his memory for every detail relating to the earliest period of this case. It is true, as Gov ernor Evans states, that I reported to him that I believed commissions were being paid to some one; but not as he states, that I arrived, in a broad sense, at these susoicious from letters indis criminately ~opened by me during the absence of the Commissioner. My re collection on this point, I think, is dis - dnct, and I am confident Governor Evans will bear me out in the follow ing statement - The only letters which I have any recollection of ever discuss ing with Governor Evans which at the time bore any evidence to my mind of suspicious circumstances was a letter from an Eastern whiskey dealer who was selling his liquors to the Disp en sary. And this after he had tola me I was his personal representative, and that he was depending on me to keep the aiairs of the Dispensary straight. This letter, to the best of my recollec tion, stated that the writer, though he would be able to get "-you" (meaning Commissioner Mixsonj some freight rebates on whiskey stiipments, but that the Commissioner must keep it perfectly quiet, and he would send the rebates in currency by mail or express. Subsequently the rebattes were sent by mail in currency and were turned over to me by the Commissioner, and were duly deposited in the hi n M to the edit of the Disoensary fund. as the reczrds of this olice will show. In a subse quent convention with Governor Evans, I told him there was nothing in the first letter, as the second letter had brought forth the freight abate ment and it had been turned into tue treasury. The present board have dealt with the same firm and have also received freight rebates from them, as the re cords show. My purpose in withhold ing 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 investi gation, as my memory serves me, shortly after I tock charge as book keeper for the Dispensary Governor Evans told me that he had reason to believe that Commissioner Mixson was using his oilice for profit aside from his salary, or words to that ef fect, and asked me had I noticed any thing in his conduct to arouse my sus picion. 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. Al though I think it was before the Gov ernor 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 R-ss & Ca. From that time on Governor Evans and my self discussed the matter on divers 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 Governz)r 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 had all been 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, there fore, there could passibly be no re cord of it in this office, that ' the Commissioner was receiving ? -bates 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 aere and remained for several days. Dur ing his stay I became satisfied from the trend of his remarks that he kne w something more than he would state, and that he knew or believed that W. T. Mixson was receiving brokages chiarges on the sales of whiskey to the Dispensary by the Live Oac Distilling Company. During this visit I think he called on Governor Evans, but ! am not positive abaut that. Now, for the first time, I believed that I hAd tangi ble evidence of wrongdoing and in con versation 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, and for me to c(ns'der that I had his authority to go anywhere at any time in the prosecution of this investigation. It was my intention to proceed to Cin cinnati at once, bat the vast amount of work which I had done that year in straightening out the terrible condi tion 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 sick ness and was threatened with nervous prostration. On aceount of my ill health and the rapidly increasing de mands on my time in consequence of the large volume of fall ann winter business, I was forced to defer my trip until the follo wing February. Reach ing Cincinnati I asked the manager of the Live Oak Distilling Company why his firm had discharged Mr. White. He 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 Dispensa ry authorities in South Carolina and could control the trade in the interest of any house he chose and he had rec ommended 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 commisin on brokerage of all whis kies that he would sell and stated to me that they had done so to the amount of bet ween $1,800 and $1,900. They further stated, as a reason for subse quently declaring their trade "off" with Mr. White, that they could not afford to pay a brokerage to both White ann Mixson; further stating that it was a strictly business agree ment 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 taat Mr. White's in influence had come to an end and that he entered into the same agree ment with W. T. Mixson-W. T. Mixson making the same representa tions 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 Dispen sary authorities were strangers to him and that it was only a business matter with his firm; that the propo sition had been made to them by these parties to throw the trade int~o their hands for a reasonable commis sion 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 be tween the manager of the Live Oak Company and myself. The result of my investigation was I discovered that the sum of $2,669.45 had been collect ed by W. T. Mixson and $690.50 by James Misson, aggregating $3,359, 95 I immediately returned to Colum bia, arriving here late at night. The next morning I sent for Secretary of State Tompkins, who is my neighbor. and repor-ted to him the facts in the case a-s a member of the board. I told him to tell Colonel Mixson to call at my house. Coul. Mixson camne around and I told him of my discovery and told him that the indications were to my mind that he was a party in it. This he solemnly swore wvas not the case. The next morning 1 called on Governor Evans and made a ver bal re port to him of my investigation, and told him I was ready to hand in a written statement of it whenever he wishe me to don so. He toldrue mto keep the matter quiet just then and that he would see me and talk over the matter within a few days. Sever al days after I called again to see the Governor. He then told me that ColoAel Tompkins and Commissioner Mixson haa 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 confess ed everythine and that no case could be made against Commissioner Mix son. I remarked to Governor Evans that I was ready to hiand in my official report whenever he desired it, and he replied that he would let me know when he wanted it; that W. T. Mix son had confessed and as there was no way to reach him through the law he did not then see what good the re port could do. It was my intention to proceed to Baltimore from Cincinnati to investi gate at that end of the line, but I de cided to first return to Columbia and then prcceeded to Baltimore from here But as the 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. QUESTIONED 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 infor mation, from the books? Mr. S1ruggs: Yes, but I have no certified copy. The amounts appear ed in the the cash book of the com pany. I made a memorandum of dates, but haven't them with me. The books were for 1895 and 1896, the last payment being made in 1896. I didn't see any receipts for the amounts. Manager Yost talked to me and show ed me the books. He said it was sim ply a busines3 proposition but if it was wrong he would stop it. Mr. Barber asked him about those letters nreviously referred to. Mr. Seruggs replied there were only two. Governor Evans: I am positive there is a letter about White's com mission. 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: Justanalogy. Isup posed if they were being gotten in Cincinnati the same thing was going on in Baltimore. Mr. Barber: Did you find any facts that would be conclusive on F. M. Mixson? SUSPICIONS AS TO TOMPKINS.-' Mr. Seruggs: No. That's just the trouble. I saw nothing to show that he knew his sons were getting com missions. I saw nothing against Colonel Tompkinr. There was only one suspicious circumstances against him, which I remarked to Governor Evans, and that w's 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. Saruges: Again Colonel Tomp kins was at my house and I was copy ing 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 a little memorndumn book. Where is i Mr. Scruggs: No it was on apiece of letter paper in the memorandum book. Mr. Tompkins: Well, how was it suspicious as to me any way. Mr. Scruggs: Because I didn't know bow you knew what was William's and what was James's. ' Mr. Tompkins: You said there were suspjicions as to me. Now what were they? Mr. Scrags: I had no proof. I was suspicious beckuse of your friendliness for Mixson. Mr. Barber: Have you ever seen any letters imiplicatink 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 p'as too smart to be caught? Mr. Tompkins That's right. You'd never get me throgh any boys. Mr. driiges: ~To the best of my re collection White said he was in it. I I told Tompkin. 'And theri White de nied it. Mr. Tompkin Yes, I pulled him out of bed eai in the morning and he denied it. In reply to fur' 1er questions by Mr. Barber Mr. Saru s said: I saw noth ing in Cincinn ' against Tompkins. Saw an entry .inst Mixson and no drummer ever I me anything. By reason of his rel ion to his t wo sons I suspected his uilt. I don't know whether he rec. ived any rebates or whether any op: er of the dispensary did. Governor E v : Did Tompkins vis it the dispensar equezndy? Mr. Scruggs: es, he came here every day. Mr. Tompkins~ DanL yJou kn~ow I have been here uch since the board has been in oflie s before? Mr. Scruggs r :ed that, he did not know. He was stairs now. Mr. Nicholson -ed whether he did not visit the disp sary f requently by reason of being a ember o i the board. Mr. Tompkins. didn't come in that capacity, but s .ply as a friend of Mixson. ANUT . M r.J Mr. Abney as whether prior to Mixson's incumb cy purchases were not made from :, Live Oak Co. Mr. Scruggs re ied that he did not know, but he tho ht Mixs-m was the first to buy. C nel Mixson inter jected that he w e first to buy from them. Mr. Williams: 'd Yost assign any reason why he pa the Mixson boys money. Mr. Scruggs: ause he thought they could contro e trade. He said the Baltimore fir was C. H. Ross & Co. In reply to Mr. eston he said no names were ment' ed in any letters tnat he opened. A ering a question from Mr. Birber said none of his investigation was e reported by him to the Attorney Ge al. He said that the Live Oak whis was purchased unquestionably by demand for it. All the fine whis are purchased from Ross & Co., the Live Oak Co., about tnree fou from Ross. Mr. Nicholso~a as whether all purchases made by ti oard were not made by .-equisitions the Commis sioner, which was a ered in the Mr. Scruggs asked G-overnor Evans could he think of anything which had been left out and the reply was that the evidence would be read over care fully to see. M R. B. B. EVANS. General Barber then suggested that Majur B. B. Evans next be examined. Governor Evans: He knows nothing about it. These charges are against Barney. Ie don't make any charges. Mr. Tompkins was then asked did he wish to say anything else and he re sponded that he did not. After some consultation Mr. B. B. Evans was called to the stand. lie tes tified: Just before Mixson's appoint ment, 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 no body 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 conversa tion with me. I said I don't care to talk to you about it and he said we could make good money. I told him I didn't want a partner and that was not the place to tals about suca mat ters. In January I was about to leave for New York and F. M. Mixson call ed to me. "Be sure and make that ar rangement. ' I paid no attention to it. I said nothine more about it until ,he latter part of March, when I asked John what he thought of the proposi tion. He said, "Don't you have any connection with it." I said I didn't see why. He replied that if I was in it they would connect him. I didn't want to do him harm and told him so. Later in the day I mentioned the pro position to Judge Eugene Gary and he gave me the same advice. I saw a telegram from J. W. Mixson to his father, who was at Old Paint Comfort. It was from Atlanta and asked to be sent memorandum. Scruggs showed me a letter from Pee bles asking F. M. Mixson to come out to Cincinnati and bring "friend Tomp kins," and asking can't you buy two or three more carloads per week and let the cars be labeled "Sold to the South Carolina dispensary." Mr. Scruggs-I suppose every man connected with the dispensary has been invited. Isuppose 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. Mix son. Mr. Evans re-suming said the tele gram was sent about July 15, 1895. Mr. Abney-This conversation with Mixson was during the session of the Legkslature? Mr. Evans-Yes. It was conceded he would be appointed. I knew he 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 com missions. He replied no; he would give them to his boy. It never occur red to me it was an improper proposi tion. 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 right or wrong, and Mr. Abney ought not to be asking such questions. Mr. Abney-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 consid er that his office would receive the ad vantage over otber firms. Mr. Evans said he so considered it. Mr. Abney--Why then did you ad vocate his appointment? Mr. Evans--That was before I thought that anything was wrong with him. Governor Evans-it is -not a ques tion what he thinks or Mr. Abney thinks is right or wrong. You know you are not bringing out testimony right. Mr. Abney -I want to bring out the facts and am acting more a friend of 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 ref ured 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 some thing about Peebles's letter writing Tompkins to come on. Anything wrong with that. 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 forms had been very much dis regarded. Mr. Abney said he didn't propose to me.k~e any objections. Gov. Evans: I object to you having this boy (B. E. Evans) saying what is right or wrong. That is for the board to decide. DIsPENSARY INSURANcY. Major Evans said the dispensary in surance 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 con sultation the board decided to hear him and he said, In November, 1894, before I was placing this insurance the tariff association issaed a circular tak ing dispensaries out of the barroom 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 Tariff As sociation is authorized to make it low er. 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 gctten and gave it to others. Gov. Evans-That's all been settled. Mr. Douthit-I want to'ask a ques tion or two to correct any wrong, if any was done in those questions I gave Judge Earle. Was only insurance cancelled that hadn't expired and giv en to vou? Mr. Evans--No, sir. There was a company that was going out of busi ness in the State.- The policies would all have been out in ten days and the agent was willinz to waive that and though Colonel Mixson objected, it was finally waived and I reassured the business in another company. In reply to Mr. Douthit he said the regular annual rate was charged. It was just before the board came in, but Lhe policies would expire ini a A'- v days. Mr. Nicholson asked Mr. D)outhit how it was that Judge Eltele had said that he (Douthit) couldn't get infor mation from dispensary ollicials! Governor Evans said he had said the bnoard had r fuedl the informationn There was some discussion as to what he had said and newspaper men were appealed to, who said the Judge had said that "dispensary officials" would not give the information. The board adjourned until the after, noon in order to give Mr. Scruggs a chance to hunt up the letters and tele gram. AFTERNOON SESSION. On reassembling at 4 o'clock Mr. Scruggs stated that he could not find the letters wanted. He said there was nothing in the Francis Kelley letter. The letter Governor Evans refers to can't be obtained unless it is written for. I stated in my testimony I said the first letter had a suspicious statement because the writer said something about freight rebates and the money being sent by currency. Mr. Nicholson-Col. Mixson, can't you get that letter? Mr. Mixson--No, sir. If it is on file Mr. Scruggs has it; he has charge of all such correspondence. Mr. Scruggs-The second letter dis sipated suspicions about the first. Governor Evans-Oh, yes, there is nothing in that. The letter I referred to was from the Live Oak Co., which I cautioned Mr. Scruggs to keep. Mr. Scruggs said he couldn't remem ber the date of the letters. But by reference to his cash book he could tell the time. But there is nothing in it. Tae second letter brought the freight rebqtes which were deposited inthe bank and the first letter was dissipated. Mr. Abney: When the board went into office, who had charge of corre spondence? Mr. Scruggs: I and Col. Mixson. All was put togeiher and filed away. Mr. Abney: You didn't say any thing to Mixson about your first sus picions? When the second letter came you say your saspicions were dissipat ed 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 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? Mr. Scruggs: That's for the board to say. Mr. Abney: Was anything in that letter which came officially that justi fied yo" in thinking Mixson dishonest? Mr. Ser-iges: It was a curious thing to me that White was getting commis sions and Colonel Mixson knew it without protest. Mr. A oney: 1) you see anything wrong in that? Mr. Scrugzs: I see no wrong in White getting rebates. Mr. Abuey: Was any attempt to conceal letters mAe on tre part of Mixson? Mr. Scruggs: I got A;, 6rst while Mixsonwas absent. ! niaed-ita file. Was filed in his desk. N Mr. Abney: The Governor says yIS 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 lettersand then filed them in his desk. I received and opened more let ters in his absence. I don't remember the time of this Live Oak letter. Think it was last winter. I don't know when Mixson wrote to White. I r'ever 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 de stroyed. Mr. Abney remarked that this tele gram was very important and the chairman could get it by sending to headquarters in Ne w 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 un sealed. Mr. Abney: What was in that to say any man was dishonest? Mr. Scruggs: I cad't draw infer ences for the board. Mr. Barber next questioned the wit ness about when the telegram came. He said he was sitting at his desk. B. B. Evans was there and read if before I did. Mr. B. 1B. 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: Doyou know anything that would connect James and Colonel Mixson in receiving rebates before James left? Mr. Seruggs: Not a thing. James had nothing to do with the Dispensary I had charge of the invoice books, but Colonel. Misson had access to them. They lay on my desk and his sons could look at them if they wanted. I don't know as a matter of fact that they did, but one might when I left work. Colonel Misson 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 tele gram. I think it was W. T. Mixson in the room, but don't know as a mat ter of fact that he looked at it. In ans wer 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 stop this irregular examination." THlE STAR WITNESS. Before introducing Colonel Mixson as a witness Mr. Abney said: We ap plied to the Western Union Ior that telegram of July 15 and Mr. Gray says he finds the record of no message passing between J. W. and F. M. Mix son on that date or in 18%. If the board will apply in New York they can get it. Mixson ought not to be put to the expense. We feel confident there is no such telegramn. Then we applied to th e ', tal Telegraph. Their files were examined by manager J. E. Moore and tme record of no such mes sage has been found. Really this is about the only thing againt Mixson. If there is any other evidence to be had againIst Mixson or in an off-hand way a bout Tompkins it should be presented in justice to them. I aw ready to ask .\ixson to take the stand. In refer ence to those letters. if they are lost we can't heln it. The last we heard of them they' were in the hands of Clerk Scruggs and the Gavernor. They will have to explain. Goenor Evans: I haven't had? them. Only saw them, Mr. Barber said if any additional testimony was put up, Mr. Abney would be given the opportunity to re ply, with that Colonei Mixson was called. MIxsON'S STORY. Mr. Abney: When were you ap pointed Commissioner? Col. Mixson: I don't recollect the date, but was elected in January, 1895. but my commission dates from Feb ruary. Abney: There has been some ques tion about the letter of introduction from you to Hubbell of R. M. Mixson. What was the date? Col. Mixson: I don't know except from his published letters and they make it December, '91. At that time I had nothing to do with purching whiskey. Mr. Traxler was the Com missioner and I the Superintendent. I don't know of any influence that I could have exercised over him to in duce him to buy from any one and didn't try to. I was a candidate for Commissioner at the time. At first Mr. Dukes of Oranzeburg was my op ponent and later Mr. Traxler decided to run. My election was not a settled matter. Up to that time I had no cony trol over purchases. The letter of in troduction to Hubbell wasgiven to my nephew, R. M. Mixson. Abney: From favors extended to your nephew by introducing him what could you make in return? Mixson: Nothing. I was simply superintendent and could not aid my nephew. Abney: Evans refers to a conver sation with you previous to your elec tion as Commissioner. Tell what took place. Colonel Misxon: I asked Evans to take my boy in partnership in the in surance business, and nothing was said about the purchase of whiskey. Abney: Will you state positively and absolutely whether his statement is true according to your views? Colonel Mixson: It is not true. He was in business in Edgefield at the time and moved here after that. I don't know whetherhe applied for the Dispensary insurance or not, but I gave it to him. I did not sacrifice the interest of the Dispensary for him. He insured as cheap as anybody else. That was done in a fair and proper way. Abney: When you first came in office what firms were being bought from? CoL Mixson: The bulk was pur chased from the Mill Creek Company. I made a purchase from them. I need-, ed some Bourbon. I had seen Hub. bell but he refused to give me 5 per cent. off. I wired him to send twenty five cars of one and two X Bourbon each with 5 off. The next day he tel egraphed. that he would ship immedi ately. On Wednesday I received a letter saying tnat the goods had been sent because they thought I was in a hurry, but they couldn't take 5 off. I immediately ordered them to recall shipment, But they replied it had gone too far; for me to take it and the 5 would be taken off. I never bought. any more from them because the.-' would not give me enough per dent. if. I have never'seen Hubbells re dutfalgure3 thie Governor refers to. Gov. Evans: I pulled them out of my drawer and we talked over them. Abney: So far as purchases are concerned, were the prices paid greater or lesser than those of your predeces sor? Col. Mixson: The original price was less except on XXX, which was the same. In addition on Janusay 1 the Internal Revenue tax was increas ed 20 cent~sa gallon, and I got 5per cent off which my predecessor did not. He paid for X Rye $1.50 and' the tax was 90 cents. I bought better whis key for $1.45 and got 5 per cent. off. Rfhat saved in eleven months about $20,00. Abney asked whether Live Oak whiskey was in demand? _ _ There is more call for it than any other, was the reply. The board now purchases it, but I don't know whether they pay the same price. Mr. Abney-Who is this man White? Col. Mixson-He is a member of the firm of White & Cramer. a supply house of Cincinnati. He claims to have started the dispensary off. He came to represent the Live Oak Co. and maybe Peebles. Did he offer you any inducements! I ordered two bills of goods from him.- About March or April he came in two or three days ahead of Yost and Peebles. Then he told me he was get ting commissions on what he sold and he would give me half to purchase from him. I told Yost, which I can -prove by Scruggs, that he needn't send White here any more. I would not buy from him. Mr. Scruggs said the statement was true. Mr. Abney: Something was said about a letter from Peebles inviting you and "friend Tompkins" to come to Cincinna..i. What's in that? Col. Mixson retired and returned with a letter which he read. In it Peebles extolled tnree brands of his liquor and asked Commissioner Mixson to buy several car loads and he would be pleased with the stuff. It wound up by expressing the hope that Gover - nor Evans, Colonel Tompkins and Colonel Mixson would all visit Cin cinnati. Colonel Mixson continuing in reply to a question said that he had never seen any letter in which it was said that White's commissions must stop. He never received such a letter. Mr-. Abney: Did you hare any in dividual or partnership connection whateyer which would influence or encourage you to purchase from him? CoL. Mixson: No. Nobody. Mr. Abney asked did he know that Mr. Scruggs was really the personal representative of the Governor, and was always on the alert, although ap pointed bookkeper by him? Col.- Mixson: I did not. I entrusted him with everything. Nothing was kept secret from him. He opened let ters in my absence and in my presence. I only knew of his trip to Cincinnati after his return. He had told me he wanted to go home for several days. A party came to see me on business which required his presence, andlI tel egraphed to Greenville for him to come back. The message was return ed undelivered, and I didn't know why Scruggs didn't return. I don't remember when he returned. Think it was February. My recollections of his return are: After coming from breakfast, I don't recollect whether I went by the State House or not, but Tompkins sent for me and told me Scruggs wanted to see me at his home. I went and he pri vately told me of his find in Cincin nati. That just knocked~me up. Un nerved me. I never susected such a thing. He shhowed me the figures. Nobody was present. I came bacik, t'ONTNIJE ON 4GEt