Q. Did they avail themselves of this opportunity, or did they decline to do so?A. They said nothing about it.

Q. Was there any objection interposed to his acting as inspector?-A. None that I heard of.

Q. Were any Republican representatives or officials admitted into the polling place at said election in Arredonda during the election and canvass of the vote on that day?-A. There was.

Q. Was there or not any distinction made by the inspectors in that respect between Democrats and Republicans?-A. There was none.

Q. Who first asked Virgil George to act as inspector of said election ?-A. I don't know. It was generally conceded by whites and blacks of both parties that he was the inspector. Virgil told me so; also of the mistake in print, and asked me what to do about it. I told him if any objection was made I would have an election at the polls for an inspector; there being none, he acted as one.

Q. Did you or Mr. Reid, or either of you, give any formal notice that there was a vacancy among the inspectors which the voters present were entitled to fill then and there by election?-A. Immediately before going into the room to be sworn in, the question was asked by several colored men in the crowd who were the managers or inspectors. I told them that myself and L. D. Reid were the Democrats, and Virgil George was intended for the Republican; that he was the only man who can read and write, and I supposed that he would act, as they had none other that could do it in that party here. I told him to go in, and if there was any objection made we would have an election.

Q. Did you make any further notice after you were sworn in, you or Mr. Reid?A. We did not.

Q. About how many voters were present at the polls at the time you opened them? -A. I don't suppose there were five absent of all the voters who voted that day.

Virgil George swears:

Q. Were you at Arredonda at said election?-A. I was.

Q. Did you or not act in any official capacity at that election; and, if so, what?— A. I did act as inspector; was elected inspector that morning.

Q. Why was it that you acted as such inspector?-A. I understood that the clerk had made a mistake when Ephraim George, my son, was appointed inspector, as he had been absent from the county for two years previous to the election, and that I was the party intended to be appointed.

Q. Are you and were you at the time of said election a Republican or Democrat?— A. I am a Republican, and was at the time of said election.

Q. Were you drunk or sober on that day?-A. I was sober.

Q. Was there not any objection made by any of the voters present to your acting as inspector?-A. None that I know of.

Q. Did you or not, while you were acting as inspector, feel anxious for the success of the Republican party, and did you not consider it to be your duty to watch and protect the interests of that party at said election?-A. Yes, sir; I did

Q. Were you so watchful of that interest ?-A. I was.

Q. Can you state whether or not said election was a peaceful and fair election, or otherwise?-A. It was a peaceful, fair, and square election, as far as I could see. Sam D. Reed swears:

Q. State whether or not it was understood that Virgil George was intended to be one of the inspectors at the election at Arredonda precinct?-A. It was. It was by mistake that the county commissioners appointed Ephraim instead of Virgil George, as the said Ephraim George was not at the time a citizen of this county.

Q. State whether or not said election at Arredonda was so conducted that all the legal voters present had an opportunity to vote, whether they were Republican or Democrat.-A. So far as I know every one had an opportunity to vote as he pleased. Q. You state on your direct examination that Virgil George was intended as inspector for Ephram George. Now, state if that was the intention of the county commissioners. How do you know it to be so?-A. My impression is derived from the fact that Virgil stated it, and it was the general impression throughout the county. The testimony very clearly shows that there was no fraudulent purpose in the appointment of Virgil George as the Republican inspector at this poll, instead of his son Ephraim, who seems to have been named by the commissioners by mistake. Indeed it is hard to see why the contestant should complain of having an honest man of mature years, and to whom Mr. Walls says there was no objection, instead of a young man who was a criminal and a fugitive from justice. The appointment

was not strictly or technically correct, but it was honestly made and no harm resulted.

3. Was a Republican watcher refused admission to the voting-room? The testimony on this point is as follows:

For contestant:

J. T. Walls swears:

Q. Can you state, of your own knowledge, whether or not a representative to act in behalf of the Republican party inside of the polling place was nominated and preferred by the Republicans present at the polls-was made and appointed? And if there was such representative nominated and appointed, state, if you can, his name, and whether or not he acted, or was allowed to act, in such representative capacity inside of said polling place.-A. I can. There was one nominated and preferred; myself, J. T. Walls, was the person. I did not act; I was not allowed to act; inside of the polling place. I was refused admission into the room or polling place by the clerk, Samuel C. Tucker, and the inspectors, J. R. Flewellyn and Samuel D. Reid.

Q. State the objection they made to your admission inside.-A. Mr. Flewellyn's objection was that I was an interested party, being a candidate for the senate.

Jack Trapp swears:

Q. Were you there when a Republican representative was chosen to act inside of the polls? If so, state his name, and whether or not he was admitted, and tell all you know about it.-A. I was there when there was one chosen; his name was J. T. Walls; he was not allowed inside of the polling place. The inspectors refused admission. The inspectors who refused him were Flewellyn and Reid, because he was an interested party.

Edward Sammons swears:

Q. Were you a Republican and a supervisor at Arredonda at the last election?—A. I was.

Q. What did you regard to be your duty as such supervisor?-A. It was to look out for all frauds that might happen against the Republican party that day.

Q. Was that all the duty that you thought devolved upon you as such supervisor?A. I had it in my mind that it was my duty to see that each party was dealt fairly and squarely by, and if there was any frauds made I was to make a report to the chief supervisor of the State.

Q. Did you or not make such report; and, if so, to whom did you make such report as such chief supervisor?-A. I brought Mr. Hughes a blank report; I furnished all the facts, and got him to fill it out for me.

Q. Have you a copy of that report?-A. No, I have not got it now; it was burned up in my house.

Q. What time was this report made after the election?-A. The second day after the election.

Q. Who was Mr. Baskin, whom you say was called on by the inspectors to tally the votes; was he a Republican or Democrat?-A. He has been a Republican, but I cannot say what he was then.

For contestee:

J. R. Flewellyn swears:

Q. Was or not J. T. Walls an applicant to be admitted into the polling place as a Republican-A. He was not until dark; then he made direct application to me, through Mr. Reid, one of the inspectors. I refused on the grounds that he had a representative, and that he was a party at interest, being a candidate for the State senate. His representatives were Edward Sammons, and another whose name I do not now remember; those parties were admitted to the polling place.

Virgil George swears:

Q. Were there or not any Republican representatives interested in the success of the Republican party admitted into the polling-room during said election and during the canvass of the vote?-A. Yes, sir; Edward Sammons, acting as supervisor, and Ransom Baskins were admitted.

Q. Were they present during the voting and canvassing of the vote?-A. Ed. Sammons was present all the time, and Ransom Baskins spent most of his time outside while the voting was going on, but was present after the polls were closed.

This testimony discloses that the contestant was fairly represented

by zealous friends during the day of the election at the polls and at the count of the votes. Mr. Sammons swears that as United States supervisor he regarded it as his special duty to watch the interests of the Republican party, and did so. It is also shown that while Mr. Walls may have been legally qualified to act as a watcher inside of the polls, it was highly indelicate and improper that he should have insisted on acting in any capacity in the conduct of the election at which he was a candidate for a high office. It was a technical violation of the law to refuse him permission to act, but there is no evidence whatever that he suffered any harm by being refused; but, on the contrary, the evidence shows that he himself did not claim that there was any fraud committed by reason of his exclusion. It is also shown that he did not make application until evening.

4. Were the officers of the election disqualified by using whisky, and was Virgil George, the Republican inspector, drunk?

The testimony on this point is as follows:

For contestant:

Ransom Baskins swears:

Q. Was there any liquor in the room while the canvass of the vote was going on; and, if so, how much did you see, and who had it; and was it or not all drank before the votes were canvassed?-A. Yes; there was liquor; I saw one bottle and a flask. Everybody who had anything to do with counting the votes was drinking that whisky or liquor. I think that it was all drank.

J. T. Walls swears:

Q. Can you state, to the best of your knowledge and belief, that Virgil George, the party who acted as inspector, and who you say was appointed by the other inspectors to fill the vacancy, was in a fit condition to perform his duties, or, if he was, was he competent to 1-A. When he was taken to their assistance by them I thought that he was drinking some; my opinion is that in a sober condition he would be fully competent.

Ransom Baskins swears:

Q. Was not Virgil George, one of the inspectors, pretty well filled up with whisky or some other intoxicating liquor?-A. I saw him drinking, and at times saw him with his eyes shut and his head nodding.

For contestee:

Samuel D. Reid swears:

Q. Do you know the inspector Virgil George? And, if so, state whether or not he is, and was at the time of said election, a Democrat or a Republican.-A. I am acquainted with Virgil George. I have every reason to believe that he is, and was at the time of the election, a strong Republican.

Q. Was he drunk or sober on election day?-A. He was sober.

Q. Does not Virgil George bear the reputation of being a dissipated man, and have you seen him frequently intoxicated?-A. I don't think he bears that reputation. I think I have seen him intoxicated about twice in three years.

Virgil George swears:

Q. Were you drunk or sober on that day?-A. I was sober.

Samuel C. Tucker swears:

Q. Please state whether or not Virgil George on the day of said election drank anything intoxicating?—A. I don't know, because I did not see him do it.

The testimony further shows that the officers of the election were men of high character for integrity and honor, and had no interest in the result. It is respectfully submitted that there is nothing to maintain this point.

5. Was the ballot-box thrown under the table, or so manipulated and used in the poll-room as to prove that a fraud was committed?

H. Mis. 35—14

The evidence on this point is as follows:

For contestant:

J. T. Walls swears:

Q. Was the ballot-box concealed at any time before said adjournment from the public view; if so, where was it?-A. It was. When the polls were announced to be closed, the clerk of the election, Mr. Tucker, reminded the inspectors to be careful with the ballot-box, and Mr. Flewellyn, one of the inspectors, took the ballot-box off of the table where it was sitting near the window, and threw it under the table towards the entrance from the bar. I did not see anything more of the ballot-box until Mr. Flewellyn, one of the inspectors, picked it up as they adjourned for supper. Q. At the time you state he threw the box under the table, was there any confusion or excitement going on; if so, what was it?-A. I did not notice any.

Q. At the time the ballot-box was thrown under the table, was there any debate going on relative to an adjournment for supper?-A. There was none at that time. After the tally-sheet was prepared there was some discussion as to whether they would proceed to count or go to supper, and they adjourned for supper.

Q. Who took part in the discussion, as near as you can recollect?-A. Nobody, to my recollection, but the inspectors. We did not see the ballot-box. Some of them said they were hungry, and would not get home before midnight, and so they adjourned. Q. You state that shortly after the polls closed the ballot-box was thrown under the table. Was that before or after they proceeded to make the tally-sheet, and how long before they adjourned for supper?-A. It was thrown under the table about the time they commenced to make the tally-sheet, and I did not see it again for about half an hour, when they adjourned for supper.

Q. Please state who were in the room during the election.-A. I saw Mr. Flewellyn, S. D. Reid, Samuel Tucker, Virgil George, Edward Sammons, and John Bevill. There may have been others in the room. The time I noticed these particularly was when I was refused admission.

Q. What time of day did the polls close ?-A. About sunset.

Q. Do you know how many were in the room when the polls closed, and who they were?-A. J. R. Flewellyn, S. D. Reid, S. C. Tucker, Virgil George, John Beville, and Edward Sammons.

Q. Who was Edward Sammons? Was he a Democrat or a Republican, a white man or a colored man?-A. He is a colored man. He acted as Republican United States supervisor, and is a Republican.

Jack Trapp swears:

Q. Were you there at the close of the polls ?—A. I was.

Q. What was done; did they proceed to canvass the votes at the close of the polls! -A. Yes; they pretended to proceed, but they did not. They said they were going to supper, but they did not go right away. Flewellyn, one of the inspectors, ordered the window to be pulled to. They staid there and talked about twenty-five minutes, and I pulled the window open again, and then Flewellyn took the box, saying he was afraid that some one would take the box and run off with it, and threw it under the table. I told him they were not apt to do it; and then they closed the window and went to supper. I went with the inspectors. They carried the box with them. I disremember which one had the box; and I did not see the box any more after they carried it in the house.

Q. In what capacity did you act on the day of election at Arredonda ?—A. I was United States deputy marshal.

Q. By whom were you appointed?-A. The marshal of the United States court. Q. What did you say was done with the ballot-box when the polls were closedA. They put it under the table. I was standing outside at the window.

Q. When did the polls close?-A. About sundown.

Q. Did you or not see any one tamper with the ballot-box in any way at any time? -A. No, sir; I did not.

Q. Are you a Republican or Democrat, and what was your politics at the time of the election-A. Î am a Republican, and was then.

Edward Sammons swears:

Q. What official capacity, if any, did you occupy at the election at Arredonda held on the 2d day of November last ?-A. I was United States supervisor at that election. Q. Were you present when the polls were opened?-A. I was.

Q. Were you present when the polls were closed -A. I was.

Q. Where were you when the polls were closed?-A. Inside of the polling-room. Q. Did the inspectors immediately proceed to count the votes when they announced the polls closed?-A. They did not.

Q. Tell what was done and what took place at the close of the polls inside of the polling room.-A. Mr. Flewellen said, "We announce now that it is 6 o'clock and the

polls are closed." After that there were no more votes taken, and we stopped some considerable time in the room. I do not know how long.

Q. Where was the box all this time after the polls were announced closed?-A. Mr. Flewellyn was standing with his hand on it.

Q. Was the box at any time removed from the public view while in the room ?—A. It was.

Q. State when and how long.-A. During the time he had his hand on the box the question arose: He said, "Boys, it may take us all night to count these votes, and as I have supper prepared for six we had better get it." Then he said, "We need a tallyman; we had better fix that up before supper." Then arose an argument between him and me about it; and I asked him who would that be. He said that was left to me; that he was looking out for himself, and I must look out for myself. At that time Sam Reid touched me and I started out in the little anteroom, and I heard a rumbling behind me and I noticed back to see what it was, and it was the box falling under the table, and I stood in sight and talked to Mr. Reid perhaps about a quarter of an hour before it was picked up from the floor and put on the table. At that time Mr. Reid and myself had decided to let Walls come in and keep tally. Flewellyn objected to it and picked up the box and walked out, and when he got outside of the door he gave it to Virgil George; and Virgil, and Flewellen, and Sam Reid, myself, Sam Tucker, John Bevill, and Dr. Carew, and Jack Trapp marched out for Mrs. Burk's boarding-house. I went with them to within about fifty yards of her door; myself and Sam Reid stopped and we talked there perhaps ten minutes; the others went on with the box. After that myself and him went to the boarding-house. Jack Trapp was standing on the piazza outside of the door and Mr. Reid told him that he did not regard his badge; that he did not belong there and had better get away. I had an invitation in with them to supper, and as I passed in through the door to the supper-room, on the right of me as I passed in, I saw Virgil George sitting by the side of the door with the box in his lap, and the other inspectors were in there with him. I went on by the door about thirty feet further and on the left I went into a room, and had been there about ten minutes and Virgil George came to the room where I was and left the box behind him. In about ten or fifteen minutes afterwards Mr. Flewellyn came to the room where Virgil and I was and brought the box with him. He says, "Hurrah, boys, we must get back."

Q. You said in your direct examination that after the polls were closed the ballotbox was for a time concealed from the public view. Will you state when, how long, and how that was?-A. During the time what I called concealed it was from them outdoors, but not from those in the house. It was about fifteen minutes, more or less. I had no watch.

For contestee:

J. R. Flewellen swears:

Q. What was done with the ballot-box when the polls were closed, and afterwards, until the votes were canvassed?—A. At sundown I closed the polls, after having given fifteen minutes beforehand. The ballot-box remained on a goods box, which served as a table, with the open side down, until dark; then I took it up in my arms, while we had two lighted candles in the room, and gave it to the Republican inspector, and closed the window of the room that we were then in, and the inspectors together went out of the door and went a distance of about a hundred yards to supper at a boarding-house, the said inspector retaining the ballot-box. While the Democratic inspectors were at supper the Republican inspector was seated in the same room with the box. After the Democratic inspectors got through eating I went with Republican inspector to another room, where his supper was served; then he gave me the ballot-box, and I held it immediately in his presence until he got through eating; then I gave the ballot-box back to him, and Mr. S. D. Reid, the other inspector, joined us, and we went back to the room where the election was held, and in the adjoining room, with the door wide open, and four candles burning, I announced that we would then commence the canvassing of the votes, which we did.

Q. State whether or not the ballot-box, from the time the polls were closed up to the time the inspectors went to supper and carried it, was exposed to the public view. -A. It was.

Q. Were there others in the room during this time under the inspectors, and were any of them Republicans?-A. There were two supervisors, one a Republican, the other a Democrat, and the clerk, in the room during the entire time.

Q. Was the ballot-box at any time, from the closing of the polls to the time it was taken by the Republican inspector, Virgil George, put or thrown under a table ?—A. It was not; there was not a table in the room.

Q. Was there not a little table occupied by the clerk-A. there was a small candlestand; not much larger than the paper on which this testimony is written.

Q. Was there any attempt made by you, or any of the inspectors, at any time up to