The watchman and southron. (Sumter, S.C.) 1881-1930, September 28, 1898, Image 2
MOSES-MANNING CON
TEST.
THE EXECUTIVE COM
MUTEE HEARS IT.
from Dalt j Item, September 22.
Tba Goantf Ei-eatiye Committee wa*
called ?o order ia tbe Court HOUM at 10.30
o'clock this morning wita Cbairmao Pnrdj
is the chair. Messrs R. W. Sband and Mark
Reynolds, attorneys for Hr. S. I. Maaoiog,
aod Mr. A. B. Stuckey, attorney for Mr. Al*
tamoat Moses, wera fnotad tbe privilege of
Uw floor.
Tba toBowtof reaoluiioa wac introduced j
bj Mr. Dobbs :.. I
Resolved, Itt. That io the mattera brought i
before thia committee to-daj oo actioo will i
be taken, not debate allowed except upon
wg& resolutions or written aaaadmanta or aubsti
tote*.
Seconded bj Mr. J. S. Dwight. Carried.
Mr. Dabbs also iotrodaeed the following
: r?solution, which waatecooded bj Mr. J. E. j
DoPre:
Resolved, lat; That we oow hear counsel
from both aides io tba cooteated cate of Moses
ra. Maooiogr.
Resolved 2od. That we request said coun?
sel to be as brief aa possible aod to submit all
their evidence.
Tot- resolution wa3 disco seed by Mesara.
Marion Meise, Altamont Motes, E. VT. Dabbs,
R. W. Shand, ?. B. Stuckey, Mark Rey?
nolds. Mr. Motes aad Mr. Stackey took the
ground that the reply of the contest?e and
the evidence iatrodoced bj him should con?
tain no- new matter, bot be confined strictly
to toa mattert io issue and oa which the ap?
peal wat takan to lae state committee. Tba
Kg attorneys for Mr. Manning took the ground
that under tbe ruling of the state committee
they bad tba right to pot in a reply and to
introduce any evidence to thaw that irregu?
larities, other than those complained of io
Mr. Mosesr protest, bad occurred and that
these irregularities counterbalance those com?
plained of, as wajl as to iotrodace evidence io
rebuttal of tba allegations contained in the
protest aad contest of the contestant.
Mr. Dabbs spoke ia favor of baring Mr.
Moses' complaint r?ed and then ,bearing. Mr.
Manning's answer.
Chairman Pardj rn Jed that it was in order
Yo bectr tbe grounds of protest and contest
as entered by Mr. Moses at the meeting of
this committee.
The complaint of Mr. Moses was read bj
.Mr. Stuckey.
afr. Shaod asked permission to read tbe
-answer of Mr. Manning.
Tbe request was discussed ia a g 3 a cr ai wa j
bj different members of the commi ttee with
* I 1
ont aoy decision being reached.
Mr. W. D. Rhodes introduced the following
'p ret?lo lion :
Resolved : That contest?e be permitted to
read bisaos wer to pr teost of contestant and file
the same with bis exhibits.
Seco led bj Mr. Dabbs.
Mr. Stuckey, speaking on tbs resolution
F
said, we do not obj set to contest?e reading
his answer, and it is proper for him to do so
and to deny any allegattoas ia the complaint
of toe ena testant, but we do object to the in?
troduction of aew matter. If the answer
contains new matter and contains anything
like a contest of any box, it is a new contest
or protest and cannot be entertained under
tbe mles of the party, for the tixe for making
contesis and protests is limited to fi?e days
and properly so, for to permit the i a trod ac?
tion of ne? matter aod to entertain new con?
tests at any time would o revea t any settle?
ment of the matters in issue, as one contest
woaid pile op on the heels of another indefi?
nitely, aod answers would follow answers io
tbe tame way.
Mr. Reynolds contended that it was neces?
sary for the contest?e to support his answer
by exhibit?, and tbat as he bad no counsel to
represent bim at tbs former meeting of the
committee end ia consequence had not made
an exhibit of facts oo which to support his
case before the State committee, he should
now bare opport. ity to make bis sbowisg
and bave it become a part of tba record.
Cbairmao Pordy ruled thu if coatestes ?3
permitted te read bis answer it will be prop?
erly in and the question will then come up !
as td whether it is responsive to the complaint
of the contestant or not.
Mr. Stuckey objected to the introductioa of
exhibits at this stage, as nooe are properly io
and none can be properly made now, as they
should bave bees msds within the time speci?
fied by the rules of tbs party.
Mr. Sband stated that they proposed to
show that, granting tbe irregularities claim? j
ed by toe contestant, there were other irregc- j
larities to moro thao counterbalance all !
claimed and still leave Mr. Manning tbs legal
and rightful nominee of the party. This was
their right and they claimed nothing more.
Mr. Moise thought that the duty of the
committee was to consider the contests befors
tbe committee and to bear tbe answer in re
pl j, withoat the introduction of new and
extraneous matter. Mr. Shana's demand
would opea ap tbs cass anew and require the
contestant to prove a negative. It woui<
effec, maka the contentee a contestan
some instances and a contest?e of '.be con
ant ia other?.
Mr Moise introduced the following am
meat to Mr Rhodes' resolution :
That so mach of tb? answer and exhib?
are ia reply to the contest filed by Mr. K
Defiled.
S encoded bj Mr. Scarborough.
The ameodmect was opposed by Mr. ]
colds, as it would prevent the introdnc
of all their evidence and they had a r
under the action of the atate committee
recount every box and to bring evidenc
sapport of a demand for a reconot.
Mr.'Dabbs opposed the amendment, as
was sure that the state committee coot
plated that the county committee would
ints tba whole matter and sift it to tba 1
tom and get at the facts.
Mr. Manning thought that time was be
consumed ia aaoecessarj di sea 31 ton, that
whole purpose io recommitting the contes1
the coanty committee waa to do justice to
parties aod to get at the facts. He wanted
[ the facta to be 'brought ont and to go on J
ord. He therefore moved to table Mr. Moil
amendment. Seconded by Mr. Dab bs.
Mr. Moise stated that he did not want
be misunderstood. He did not want to si
oat evidence but be simply objected to
introduction of new matter and the ann?e
sary prolongation of the case.
Mr. Dabbs said be favored a thoron
investigation and tbe introduction of all e
dence obtainable, so that the commit
could go clear to the bottom and settle 1
matter finally.
Tbe Moise amendment wes tabled on
Aye and No. vote.
The Rhodes motion was pat to a vote ai
carried.
Mr. Reynolds read the answer of Mr. Ma
sing aad a mass of affidavits io rebuttal
the allegations contained ia the Complaint
Mr. Mose3 and in support of charges
varions irregularities at different precinct;
The only affidavit that caused discnasic
was one by Mr. J. S. Dwight to the effet
that during the meeting of the committ<
wh?n the retaros of the first primary wei
tabulated he saw "a man sitting in the Coo
Sanas with bis band in one of the balle
boxes" from which the managers' return ha
been taken, bat which still contained tb
ballots. He was asked to give tbe name <
the man and to have the name inserted in tb
body of the affidavit. He stated that tb
man referred to was Mr. W. G. Wells, bo
ba disclaimed any intention to charge tba
Mr. Wells was tampering with the ballots 0
that fraud was committed.
Mr. Wells, who was present, rose to
question of personal privilege and stated tba
be did open one of the boxe3 at the tim
specified and examined some of the ballot?
but that be woe a member of the committee
and be looked into the box in the presence o
the fall committee while the returns wen
being tabulated.
Bath Messrs. Shaod and Reynolds hastened
to disclaim any intention to impute fr?cc 0;
tocaste re Section on Mr. We! ?5 hy the in
trodtsction of tbe affidavit, which wai
brought oat solely for the purpose of illus
trating and showing bow easy it would have
been to tamper with the ballot boxes when
they were exposed in tbe Court House.
The Secretary wa3 directed to rednce tba
statement of Mr. Wells to writing.
A motion was make and carried to proceed
to recount the votes in the contested boxes.
Scmter box was Srst taken up and ia in
progress when this report was closed
Mee-rs. E. W. Dabbs, fi. D. Smith, W. D
Scarborough and R. P. Stackhonse were
appointed as a sub-committee to make the
recount.
From Daily Item, September 23.
The recount of the ballots io the Sumter
box was completed by the committee appoint?
ed by the chair, and at the conclusion of the
count Mr. Dabbs reported for the committee
that the vote in the box was Moses 235, Man
moe 1!1 ; 15 ballots for State officers were
found in the box. three cha?eoged bailots in
sealed envelopes aod oae sealed ballot cn
wbich all magistrates in the county were
voted for which bad been placed in an envel?
ope by the precinct managers for action by
the county committee. Four other ballots
were produced and brought to tbe attention
of the committee-two contained the name
of neither of the candidates for Senator, one
bad both names scratched and one was torn
aad marked across the name of the candidate
for Senator, supposedly in scratching.
The Sfteen state tickets were placed in an
envelope and returned to the box; tho ballot
containing the names of all candidates for
magistrate was counted for Senator ; the bal?
lots on which there were tne names of no
candidates for Senator, and the one on which
the names of both candidates were scratched
were not counted. The ballot which was
torn and marked was referred to the whole
committee, tbe sub committee not being able
to arrive at a decision, three favoring throw?
ing it out aod one favoring couoting il.
This bailot was critically examined by each
member of the committee and a rote was
taken on the question of counting it. Ten
i vo'ed to count aad leveo to 'brow ou
j scratched ballot, ooe member, Ur. R
asked to be excused from rotin g as be
not see well enough to be ga tis 5-d Mr,
oing did not Tote. The ballot was a
ingiy counted for Ur. Manning.
The rote ia detail was :
To coast the ballot-Peter Thoma!
DaPre, W J Diokios, E B Colclough,
McKagen, J S Dwight, J B Raffisld,
Dabbs, J T Frierson and Freao Mellett.
Not to count -R P Stackhoase,
Os teen, W O Scarborough, Marion Mois
S Dinkina, S D Smith and J M N Wilde
Mr. Moses entered a protest againi
counting of the ballot aod asked that
sealed ap ia an envelope, properly eod<
and the circumstances be made a part c
record.
Tbe sealed ballet of J. J. Dixon,
Ieoged at the primary on August 30th o
ground that be was an inmate of the
House, was taken ap. It was admitts
both sides that be was aa inmate of the
House oo August 30th aod bad been
considerable leogth of time prior ts
? date. Mr. Manning stated that on At
j
30th, the day of the primary, Mr. Dixon
come to bim, as a member of tbe co
board of commissioners, to ask bis assist
ia securing a discharge from the Poor Ht
aod that ul the next meeting of the cot
board Mr. Dixon will be discharged from
Poor House.
Mr. Stcckey was heard io reference to
law prohibiting paupers to vote. He qo
from the State election law, which dec!
io explicit terms that oo pauper may vott
a State election, and from the rules of
party, which declare that only white de
eratic voters may vote in a primary elect
Mr. Shaod ia reply quoted from the ri
of the party stating that tbe vote of no wi
mao shall be rejected at a democratic j
mary. He argued at length oa this pc
aad declared that it was tbe duty of
committee to count the vote of Mr. Di:
because be is a wbite man aod a democi
Mr. Reynoldj also spoke in favor of cou
iog Mr. Dixon's Tote. He claimed that
democratic party should not disfranchis
man because of bis misfortune.
Chairman Purdy ruled that a pauper,
sane person, or criminal is not a legal TO
under the laws of the State. He decided tl
the vote of J. J. Dixon could not be coontt
Mr. Dabbs moved that the vote of J.
Dixon be counted by tbe committee. S<
onded by Mr. H. G. McKagen.
Col. Scarborough and Maj. Moise favor
an adherence to the rule and argued that t
ruling of the chairman was strictly in acco
with the rules aod the State law ?nd shoo
be sustained. Mr. Moise asked the pertioe
question if the committee proposed to disr
gard tba law io this case woald they al:
disregard it in aa analogous case aud accej
the vote of a convict, who happened to be
wbite man?
Mr. Sband spoke in reply ^arguing in fart
of counting the vote of J. J. Dixon
Mr. Reynolds stated that several other pat
pers had Toted at the seme primary, the
Totes bad not beeo challenged and wei
therefore counted. He read a statement frot
Col T. V. Walsh, clerk of the county boar
of commissioners, that J. D. McKellar wa
and is an inmate of the Poor House. Mi
Reynolds asserted that the said McKella
roted in the primary and bis vote was no
challenged.
Mr. Stackhoase asked for information as l
the number of paupers who had voted in tb
primary. If other paupers bad voted ant
their votes bad not been challenged, be coule
not vote to throw out the Tote of Dixon
The motion tc count Dixon's Tote was car
ried. Tbe envelope was opened and found t<
be for Manning for Senator, and it wat
counted for bim.
Mr. Moses made objection to tbe counting
of Dixon's vote and requested that the ballot
be sealed io an envelope and endorsed to
show what it was.
The sealed ballot of Henry David was
taken up and on motion was ordered couoted.
It was cast for Altamont Moses and was
counted for him.
Tbe final result of tbe recount of the Sum?
ter box was announced and declared to be
Manning 154, Moses 23b.
Mr. Dabbs raised the question of the negro
voters who were allowed to vote io the Sum?
ter box without the proper eertificatts of their
democracy.
Mr. Reynolds stated that he would not
prrss this matter at that time but reserved the
rigbt to recur to it.
Taylors box was recounted on the reqaes:
of Mr. Moses.
The recount gave the fwllowing resalt :
Manning 4lt Moses 13-a loss of one to Mr.
Manning from the return of tho managers.
The recount chowed that the number of votes
counted for Senator corresponded with the
number of voters on the poll list.
Mr Smith, who represented Taylors club,
explained the Taylors vote. He said that
when the managers counted tbe votes they
found one more ballot io the box than the
poll list called for and they could not undsr
I stand the discrepancy, but accounted for it
j on tbe ground that the clerk must have neg
' iected to enter the name of one voter on the
poll list. He was satisfied tbat the
agers at Taylors were as honest meo a
to be found io the county and tbat the
tion at that precioct waa as fairly cood
as any. Tbe failure of the Taylors box
in the bands of the committee within t
quired time waa doe wholly to bis OWE
lect to send for it, as be bad promise
managers to do, and send it to the coma
It was bis carelessness and neglect ant
the fanlt of tbe managers.
Manchester box was recounted on t
quest of Mr. Voaes. Toe committe
nounced that tbs recount gare Mannio
Moses 12- a ga ia of one for Moses and <
of oae for Manning from the returns c
managers.
Mr. Manning made a statement ia exp
tion of tbe charges tbat one of the mao
at Manchester was drunk on (be day o
election. Mr. Moseley, be said who wa
of the regularly appointed managers WE
capacitated arjd did not serre, but am
man was sworn in and served as a mat
throughout the day Mr. Moseley ooly
to tbe polls to rote and returned borne.
Gaillard's X Roads box was recount?
the request of Mr. Moses, the recount gi
Manning 20, Moses 13. The challenged
of a resident of Lee Coaotr was not cos?
Proridecce box waa recounted at th?
quest of Mr. Moses, the recount giving S
j ning i5, Moses ll.
I Earle box was recounted at the reques
Mr. Moses. The committee reported tbat
bad counted for Manning 26 and Meses
tbat there were four ballots so illegibly v
ten or scratched that they could sot de
for whom they should be counted.
Mr. OuPre mored tbat the original reti
of the managers, to wit, Manning 28, M
62, be accepted.
The motion was discussed at some leo
and then being put to a rote waa carri
Ayes ll, No 6.
Mr. Moses requested that the ballots be
closed io an envelope, endorsed and sea
by tbe chairman and placed with the rec
to be sent np to the State executive come
tee.
Mr. DuPre moved to reconsider the rote
accept the original returns of the raauage
The motion was carried. .
A motion was then made and carried
number the ballots 1, 2, 3 and 4 respectivi
and rote on them in turn to count or reject
The result of tbs vote was, No. i vt
counted for Mr. Manning by a vote of ll
7 ; No. 2 was counted for Mr. Moses by
rote of 14 to 3 ; No. 3 was rejected by una
imous vote ; No. 4 was rejected. The rc
on No. 4 was, to count for Moses 5, to >
ject 8.
The four ballots were placed in a sealed e
relope and endorsed to be piaced with tl
record.
Mr. Stuckey aonoanced that he woo
rest the case of Mr. Moses for tbe time bein
Mr. Reynolds requested in behalf of M
Manning that Farmers box be recounted.
The recount gave Manning 28, Moses 44
a gain of on?? for Mr Moses on tbs return <
the managers.
Mr. Reynolds requested a recount of Sea:
boro box. Tbe recount gave Maoning 1
Moses 30.
Mr. Reynolds objected to the cou ot on th
ground that four of the rotes had been eas
io tbe State box and were taken therefrom b
the managers, counted and placed in tb
couoty box with the other ballots. He rea>
affidavit of Mr. W. A. Sparks that he wa
one of the managers at Scarboro and assiste*
io making the count, that he knew that on
or more of the four ballots for county officer
found in the State box were for Manning ant
one or more were for Moses ; reference wa:
made to an affidarit to the same facts bj
Col. Scarborough. Mr. Reynolds then sskec
that the committee deduct the four irregulai
votes wrongfully taken from the Stats boa
and counted by the managers, from the tota,
vote of the candidate receiving the bighesi
number of votes at that precinct, viz ; th?
deduction to be made from the vote of Mr.
Altamont Moses, who was the candidate re
reiving the highest vote for Senator at that
precinct.
Maj Moise objected strooglg to tba propo?
sition because it would be a Sagran; injustice
to one of the candidates, an injustice appa*
rect to all, for the affidavits introduced show
that one or more of the votes were for Mr.
Manning and one or more for Mr Moa<-s. The
only fair thing to do is to let the count stand
as it is, or deduct two votes from the total
vote of each of tbe candidates. If there was
any way to ascertain exactly bow many votes
were cast for each of the candidates it would
be fair and just to deduct them from the vote
of the candidate for whom they were count?
ed. He did sot tbiok the state committee
contemplated tbh Action proposed and did not
tbiok the committee bad the right to do as
Mr. Reynolds demanded
Mr. Shand read a decision of Judge O'Neill
in relation to the disposition of illegal and
surplus votes found in a ballot box. Judge
O'Neill held that -.be votes should be deduct
ad from the total vote of the candidate re?
ceiving the highest voie. He argued that the
ruling of Judge O'Neill should be followed
' in this instance.
Maj. 5Jo;?- con ended (bat Judge U*N?
ruling did oot opp!? to this case, tbe
c ><*8 were not >-x-ict y p*r*l el, that ?he c
mittee had nothing to do but obey th9 01
of tbe Stats committee and to do exact
tice to all parries. Tbe proposition to
duct all four Totes from one candidate
emiueotly unfair aod unjust and should
be done.
Mr Sparks was given tbe privilege of
floor to make ao explana non of bis affida
He stated that be could swear that one
perhaps more of tbe Totes were for Mam
and one and perhaps more of them ?
for Moses, but that he could not say and
never said that be was positive that et
of the candidates for Senator bad a majo
of the votes taken from the State box.
Mr. Sbaod admitted that in view of
affidavits produced be thought that one 1
should be deducted from the vote of
Manning and the other three from the i
of Mr. Moses. .
Maj. Moise objected to this on the si
grounds that he bad slated before-tba
wouid not be carrying out the instruction
the State committee and would be an in,
tice.
Mr. Stuckey objected to any consid?r?t
of tbe four votes as it was entirely new a
ter, a new challenge of the Scarboro box i
of the returns of tbe managers, of which
contestant bad had no notice. With pro
notice and time tbe contestant might be a
to show that a majority of the votes w
cast and counted for the conteste?, bea i
the contest and protest against these 70
should have been made within the five di
allowed by the rules.
The matter waa further discussed at gn
length by Messrs. Dab03, Stackey, Mos
Manning, Sband, Moise. The entire questi
relative to the disposition that was made
the county tickets found in the State bo;
at seven different preuncts was gone ia
and discussed.
Mr. Da bbs offered the following resoloti
1 at the suggestion of Mr. Manning:
Resolved, That one ballot from Scarbo
box be deducted from Mr Manning, one fro
Mr. Moses and that tba remaining ballots !
mixed an i then two ballots be drawn fro
it and these votes be deducted from tbe ca
d?dates for whom They were cast.
The resolution was discussed at length t
various members of tbe committee, duric
which there was a snappy colloquy betwee
Mr Dibbs, Col. Scaroorough and Mr. Spar!
in reference tc remarks to the tffict that tl
vote iu Scarboro box had been "tampered
with. Both sides d sclairxi?d intention to n
fleet on the managers of Scarboro or 00 an
of the committee. Aa Aye and No vote 0
the resolution resulted, Aye ll, No 5.
One Manning ballot and one Moses balk
were taken from the box and then the ballot
were thoroughly stirred. Two ballots wer
drawn at random from the box. Both wer
Manning ballots. The secretary was directe
to make tbs deductions from the vote of th
two candidates, one from M oseo, three froc
Manning in accordance with the terms of tb
resolution. The four ba.lots were placed ii
envelopes and sealed.
On the request of Mr. Reynolds toe Labor
ers aod Mechanics box was recounted, result
ing Manning 14, Moses 40, which c orres
ponded to the managers' returns.
Mr Reynolds demanded tnat the votes 0
tbe negroes who were permitted to vote it
the Sumter bes be stricken out on th(
grounds set forth in the affidavit of Sol Prin?
gle. He demanded a?30 that the votes sc
stricken out be deducted from the total vot?
of the caodidate who received the highest
vote, viz : from the vote of Altamont Moses.
Mr. DaPre moved to strike out the votes ol
the negroes who voted in Sumter box. and
the motton was seconded
Mr. Reynolds furnished the aame3 of the
negroes as follows : Barton Levan, Jas.
Levan, Sol Pringle, Julios T Edwards, Frank
Seals, J A Sanders, Joseph Levan and
Joseph Beneobaiey.
Mr. Stuckey objected to the proceedings as
it was the introduction of oew matter.
Mr. DuPre spoke in favor of sticking to
the rules and being governed by then in de?
ciding these matters. Ke contended that tbe
negroes should not have been permitted to
vote without tbe proper certificates.
Col. Scarborough asserted cf his own
knowledge that Joseph Benenualey waa tot a
negro and that neither he nor any cf bis
family for severa! generations bad been re?
garded as negroes, that he was a Turk and
that any number of men could be found to
make affidavit that they are not negroes.
As to Joe Levin he ?aid it was a 3hame to
challenge his democracy for be bad proven it
time and agaiu from *7S to this day, and
that b's services in times cf danger were too
w?'ll known to be questioned cr doubted by
anyone.
Maj. Moise said be was in doubt on
this matter, for the rules of t!*e party were
clear and explicit and required certain certi?
ficates, which were wanting, but he knew
that some of these negroes were as good dem?
ocrats as himself or anv other white man : that
Joe Levan was. aci tb sit his sons had been,
raised up as deaiocrais. However, if tkis
committee decides io throw out the negro
?otea in the Sumter box it most be consist?
ent aod go abend and throw oat tho negro
rotes iu every box tn trie county.
Mr. Reynolds asked that the ?ame of
Joseph Beoenbaley be stricken from the list
1 of negro rorer?. He introduced tbe affidavit
of W. J R-eae concerning tb? negro voter?
at Stateborg.
Col. Scarborough introduced the following
resolution and requested Mr. Du Pr,?, who bad
just spoken in favor of sticking to tbe rules,
to second it :
Resolved, That io the further proceeding?
of this committee thc roles and regulations
! of the democratic party be strictly adhered to.
Not seconded.
Mr. DuPre refused to second the resolution
in the midst of a general Iangb ?nd it failed
for the want of the second.
Mr. Dabba offered the following ?solution :
lt appearing to the <* -^mittee that Joseph
Leran, James Leran, Barton Leran, Solo?
mon Pringle, Julius Edwards, Frank Seals,
J A Sanders, who are negroes and roted
at tbe Democratic primary on August 30tb,
at the Sumter precinct without the evidence
of their democracy as required by tbe rales
of the Democratic party.
Resolved, That th ?se votes be deducted
from the candidate who received the highest
nnmber of rotes for State Senator at said
box.
seconded by E. B. Colclough.
A general discussion followed on the reso?
lution and the whole question was canvassed
on the lines of the prerioos discussioo of tho
proposition to throw out the negro rote and
deduct it from the rote of the candidate har?
ing the highest rote.
Mr. Dabbs finally asked permission to
withdraw bis r?solution, and bis second
consenting, it was withdrawn. Mr. Dabbs
then offered the following resolation :
Whereas, This committee bag sndearored
to bear all the objections raised by each can?
didate as to the regularity of the election on
; August 30 ; and
Whereas, we bare recounted the votes io
i *
all boxes rpqaesred by either candidate :
Resolred, 1st, That it is the sense of this
committee that we cannot undertake to cor?
rect the irregularities shown by these con?
testants and that therefore we reaffirm oar
action of the 2d of September, and declare
Mr. Manning the nominee for Senator; be?
cause we ure satisfied thu returns of the
managers more nearly represent the will of
the people and these rotes were counted for
other candidates and if these rotes bad beeo
thrown ou! it would hare changed the result
as to not a few of tbe candidates for other
o?5ce3.
Seconded by E. B. Colclough.
Mr Shand spoke in support of the resola?
tion and read from the report of a contested
election case in Charleston io 1822 whet an
appeal was taken to the Lsgislature and a re?
count bad. The recount chaoged the resuit,
but the Legislature finally decided to sustain
the original return of the managers and seat
tbe contest?e.
In tbe discussion that followed by Messrs.
Dabbs, Reynolds, Sbend, Stuckey and Moise
much was said about the safety with which
the boxes bad beeo Kept since the first
meeting of the committee and the possi?
bility of the boxes having been changed,
Those who spoke of this "possibility'}
disclaimed any intention to charge that
the boxes had been tampered with for the
purpose of committing fraud, but the insinu?
ation was there ail the same.
Mr. Stuckey iot.oduced the affidavit of
Sheperd Nash, Clerk of Court, in whose
custody the boxe3 were placed by Cbairmao
Purdy after tba first mee'ing of the committee,
as to the means he bad adopted to keep the
said ballot boxes in safety and to prevent
the possibility of their being tampered with.
Mr. Dabbs asked Secretary J. M. Knight
if he was prepared to swear that the boxes
reached bi? io the same condition in which
they left the hands of the managers. Mr.
Mr. Knight replied that he could not.
Mr. E. D. Smitih made a speech on the
situation io which the committee found itself,
and said aaong other things that be was
thoroughly ashamed of the day's proceedings.
He said the committee had got at last to the
place where il had either to do the fair, square
tbicg or not to do it, and be plead with them
to do what was right no matter whom it burt
M*j. Moise raised the issue that the Dabbs
resolution was out of order and in violation
of toe resolutions of the State executive com?
mittee, which directed in clear terms what
this committee must do. The Dabbs resolu?
tion provides for action in direct conflict
with the orders of the State committee.
Chairman Purdy ruled that this committee
is a law onto itself and if it sees fit to tase
action io this line it cm do so. An appeal
cac be taken to the State committee, which
has the power to review the action of the
county committee and reverse it if it 9eea fit.
Maj boise's point of ord^r was noted io
the minutes by request.
An Aye and No . ote was demanded on the
Dabbs resolution. The vote resulted : Aye,
ll; No, 4.
Ur. Stuckey asked that an exception be
noted in behalf of Mr. Mo?es to the adoption
of the resolution.
Aa affidavit of Secretary J. M. Knight, rel?
ative to the keeping of the boxes when they
came into hi3 possession before the meeting of
the committee, was introduced.
A committee was appointed to find the
High Hills box, which Mr. Reynolds asserted
could not be produced when cahed for. It
was found in a few minutes with the other
boies only a few feet from the desk of tte
chairman of the committee.
Tbe minutes of the meeting were read by
Secretary Kuight and corrections and amend?
ments noted as made by members of the com?
mittee. The minutes were then approved.
The cco:m;.ttee then adjourned.