in the State of Mississippi and twenty-three in the county of Marshall. I have been a member of the legislature and a member of Congress in the House of Represent

atives.

Int. 2. What is your acquaintance with the people of Marshall County, extensive or otherwise?-A. My acquaintance with the people of Marshall County has been pretty extensive, and is now.

Int. 3. What is your profession; to which political party do you belong, and what is your official position in your party, and what was it during the political campaign of 1880-A. I am a lawyer by profession. I am a member of the Democratic party. I am now, and was during the campaign of 1880, chairman of the Democratic executive committee of Marshall County.

Int. 4. What was the character of the political contest of 1880 in this Congressional district; was it one in which little interest was manifested by both Republican and Democratic parties, or otherwise?-A. It was an interesting campaign, and one in which both the Republican and Democratic and also the Greenback party took considerable interest, especially in Democratic and Republican parties.

Int. 5. What was the character of the Democratic campaign of 1880 in Marshall County, active or otherwise; was or not the Democratic party of the county thoroughly organized? Which party made the most active campaign ?-A. The Democratic campaign in Marshall County in 1880 was active and enthusiastic. I thought the party was well organized. The Democratic party made the most active campaign. I am certain that it did; and in every neighborhood in the county we had every local committee appointed that we thought was necessary to organize the party thoroughly and to bring out its full vote-such a campaign as we have been in the habit of inaugurating in this county for several years past.

Page 200:

Dr. R. J. LYLES, being duly sworn according to law, testified as follows: Question 1. Where do you reside? How long have you resided in Marshall County? State your occupation. Of what party are you a member, and to what extent were you engaged in the interest of your party in campaign of 1880? State to what extent the Greenback party of this county is composed of white or colored people, from which party it drew the most votes at last election (Democratic or Republican party), and

to what extent from either.

(Objected to by the contestee upon the ground that it is not rebutting testimony, but original.)

Answer. I reside at Watson P. O., Marshall County, Miss.; lived in this county about eleven years; am a physician by occupation. I belong to the National Greenback party. I took part in the canvass, actively canvassing, making speeches in this county. The Greenback party in this county, to my best information, is composed principally of the white people, at least four-fifths of the Greenback party.

Q. 2. Were you not a close personal friend of Col. T. W. Harris, the Greenback candidate for Congress, and did you or not manage the canvass in this county for him, or did you not do it chiefly?

(Objected to on same ground as to No. 1.)

A. I am a close personal friend of said Col. T. W. Harris. I took an active part in his behalf, and managed his interest in the western part of the county, particularly that section where I reside.

Q.3. At or about the close of the canvass did anything occur to induce you to advise Colonel Harris, the Greenback candidate, to withdraw from the canvass, and did you or not so advise him? And, if so, state freely and particularly the reasons for so advising him, and from what source you received your information inducing you to give such advice.-A. Something did occur. A short while before the election, perhaps a week, I had a conversation with Col. Van H. Manning, the candidate of Democratic party for Congress, in which he assured me the colored voters of the district were solid for Buchanan, the Republican candidate for Congress. He requested me to write to Col. T. W. Harris, the Greenback candidate for Congress, that he (Colonel Harris) was gone up," and to come home. I assured Colonel Manning that if his statement was correct I would prefer that Harris would withdraw from the canvass. Colonel Manning said that, according to his best knowledge and judgment, bis statement was correct. On that assurance, together with my personal knowledge of the fact that the colored voters in my neighborhood were solid for Buchanan, I telegraphed Col. T. W. Harris at Batesville, Miss., that his chances here were compromised; that the colored voters were solid for Buchanan. Colonel Mauning brought said telegram to Holly Springs for me. He afterwards assured me that he sent the telegram to Colonel Har

ris.

Q. 4. Was it or was it not a fact, at the time that Colonel Manning made the foregoing statement to you, that he had canvassed the entire ten counties comprising this Congressional district, and that the canvass absolutely closed within a few days after said conversation referred to?

(Same objection as before.)

A. He stated to me that he had made an entire canvass of the district, and that the statement made to me was founded on his information that he had gained during the canvass. This was but a few days before the election.

Q. 5. In your reply to question three, do you mean to refer exclusively to the colered race or otherwise?-A. I mean the colored vote exclusively.

Q. 6. State to what extent, if you know, the colored vote that voted was cast for Buchanan, or other candidates (as applied to precincts in the western part of the county), at the last election?-A. From all information I have, it was a solid Republican vote for George M. Buchanan for Congress in the precincts referred to. So far as my personal knowledge goes, it only refers to my own box.

Q. 7. To what extent is the negro vote in the district referred to Republican ?—A. Pretty unanimous.

Page 214:

Col. THOS. W. HARRIS, being sworn according to law, testifies as follows: Question 1. State where you reside; how long you have there resided; your occupation; how long you have pursued said occupation, and to what extent in the second Congressional district of Mississippi.-Answer. I reside in Holly Springs, Miss., and have resided there since about the year 1850; I am a lawyer; have been upwards of thirty years, and engaged in the duties of my profession in several of the counties of the second Congressional district since I have lived in Holly Springs; my practice has been general and quite extensive.

Q. 2. With what political party have you been identified with prior to the year 1879? State also what official position you held in said party during the year 1876, and since that time.-A. I was a member of the State executive committee of the Democratic party in 1877 and 1878; and also chairman of the executive committee of that party for the county of Marshall; and was a member of and acted with the Democratic party until 1879; since which time I have been acting with the National Greenback Labor party.

Q. 3. Were you a candidate for office at the election November 2, 1880? If so, state for what office; if you made a canvass of the second Congressional district, to what extent; also state the extent of your acquaintance with the politics of the voters of said second Congressional district.-A. I was the candidate of the National Greenback Labor party for Congress for the second Congressional district at the election in November, 1880, and as such canvassed the district generally; my knowledge of the politics of the voters of said district is such as such a canvass would give, in connection with my long residence in the same, engaged in my profession, and having taken a general interest in politics since I attained my majority.

Q. 4. What class of persons constitute the three political parties in this district? State the different divisions as near as you can as to color.-A. A very great majority of the colored voters of the district belong to the Republican party; the white voters are divided generally between the Democratic and Greenback parties; colored voterswho act and vote with the Democratic party are in my opinion very few in number; in the election of last year my observation and information lead me to believe that out of the thirty-five hundred and eighty-five votes reported to have been cast for the Greenback candidate for Congress in the said district there could not have been more than about one thousand of them colored, most of whom live in Yalobusha County; the white voters who act with the Republican party in said district I don't think are at all numerous.

Q. 5. Have or have you not, since the election, fully and particularly informed yourself as to the number of votes you received at said election at each of the various counties and precincts in said district?-A. I have seen statements purporting to be authentic as to the number of votes reported to have been cast for me, and have heard statements from friends upon the same subject.

Q. 6. Did you witness just preceding the election a conversation between Colonel Manning, candidate for Congress, and Dr. A. M. Lyle on the subject as to how and for whom the colored voters of this district were going to vote? If so, state what was said between them on the subject.

(Objected to on the ground that the question is original and should have been asked, if at all, during the time allowed to take testimony-in-chief.)

A. In a dicussion between Colonel Manning and myself at Watson, in this county, I think the night preceding the day of the election, the question arose as to a report that Dr. Lyle had abandoned me and intended to support Colonel Manning, and that Lyle had sent me a dispatch suggesting my withdrawal from the canvass because the colored vote of the district had concentrated upon 'Captain Buchanan, the Republican candidate for Congress. Dr. Lyle was present and stated to the audience, in my presence and Colonel Manning's, that he (Lyle) had met with Colonel Manning and was told by him to write or telegraph me that I had better withdraw, as the colored vote was all going for Buchanan; that he (Lyle) replied such was the condition of things

in his neighborhood, and that upon the statement made to him by Colonel Manning he had accordingly telegraphed me at Batesville, in Panola County, that the negroes were all going for Buchanan, or words to that effect; that he sent me the dispatch based alone upon what Manning had told him, except as to the condition of things in his own neighborhood; that he did not profess to know what was the condition of affairs beyond his own neighborhood. I never received the foregoing dispatch at Batesville, having left before it was received. The foregoing is substantially what occurred as I remember it.

Q. 7. What proportion of the white vote of this Congressional district are opposed to the Democratic party, and what proportion of said vote would vote against the candidates of said party at an open, fair election, and upon full assurance that their votes would be counted as cast?

(Objected to as irrelevant, incompetent, and illegal.)

A. I can only answer as a matter of opinion. It would depend very much upon the questions involved and what parties were engaged in the contest. I think, however, that one-fourth or one-fifth of the white voters of the district are opposed to the present policy and management of the Democratic party and would cast their votes against it.

Re-examined:

Q. 1. State what proportion of the colored vote in this district voted the Democratic ticket, and what proportion of the white vote voted the Republican ticket, as near as you can in numbers as to each party, as estimated from your information gained during the canvass. State fully.

(Objected to on ground that it is original, and not in rebuttal of anything drawn out on cross-examination, and as incompetent.)

A. I can only give an opinion in answer to this question. From all the information in my possession, my opinion is that there were fully as many, and I think more, white votes cast for the Republican candidate for Congress than there were colored votes for the Democratic candidate. When the extraordinary efforts made by the Republican party had succeeded in reorganizing the colored vote, my opinion is that the work done by that party was pretty thoroughly successful. I know of no county in the district in which the Greenback party succeeded in maintaining its control over the colored vote, except in Yalobusha. In addition I am satisfied that some white Greenbackers had become so much incensed in consequence of the warfare waged against them and their party by the Democratic party that, despairing of the success of their own candidate, they voted for the Republican candidate; and further than this deponent saith not.

Q. 2. What is the standing of the contestant, George M. Buchanan, in his party and as a citizen ?-A. I think his position in his party is a prominent and controlling one, certainly in his section of the State. As a citizen, he is kind, charitable, generous, and public-spirited, and I know nothing to his detriment except that he belongs to what is known here as the Radical party, and that he became a candidate for Congress in the last election to my detriment. As a candidate for office I am satisfied that he is considerably stronger than his party, in this county particularly. As a neighbor he is equal to any man.

X Q. 4. You have been asked as to the standing and character of George M. Buchanan as a politician and as a gentleman. Please state as to the character and standing of Van H. Manning in both respects.-A. Having been three times nominated by his party as a candidate for Congress, and returned as elected, is a sufficient answer as to the character and standing of Van. H. Manning with his party. In all the elements of kindness, generosity, and charity, he is the equal of any-infinitely too much so for his own good.

Witness Mahon (page 106, Record):

Q. 7. Do you know of a newspaper published in Holly Springs known as the Holly Springs "South"? If so, state the political party that that paper advocates. (Question objected to and ruled out.)

Q. 8. Did you or not read in the Holly Springs "South," a Democratic newspaper published in Holly Springs, and published on December 8, 1880, the following language:

[The South, Holly Springs, Miss., December 8, 1880.]

BUCHANAN TO CONTEST.

It seems to be generally believed by our exchanges that Buchanan will contest for Manning's seat. If he ever gets it, it will be by an utterly unscrupulous partisan decision by the House of Representatives. Never was there a fairer election in any district of the State than that of this, when Manning was elected. The negroes gener

ally voted for Buchanan. The whites divided between Manning and Harris. Every man of the three parties voted as he pleased, except those who voted for Buchanan, and they went as a flock, under instructions, by which they were easily fooled into voting for him. The ballots were printed in accordance with the law of the State and counted. Buchanan was beaten by not getting votes enough-that is all. He will have to be elected at Washington, if he ever is. It will not be by votes of the people of Mississippi. And when Congress seats Buchanan the second Congressional district of Mississippi will have no Representative.

(Question objected to and ruled out as before, and question not permitted to be answered.)

Q. State whether or not you know the editor of the Holly Springs "South," and his character for political intelligence; if so, state his character for political intelligence.— A. I know Mr. Tyler when I meet him, and his character for intelligence is good.

Q. 9. State, if you know, in what party interest that newspaper, the Holly Springs "South," acted during the campaign of 18:0, and what candidate for Congress it ad

vocated.

(Objected by counsel for contestee as being irrelevant, and objection sustained and question not permitted to be answered.)

For reasons which will hereafter appear apparent, we have briefly referred to the evidence of the voting strength of each of the political parties; the class of voters from which each party was organized; the canvass made by each; and the manner in which each party's vote turned out and came to the polls.

INTIMIDATION OF COLORED VOTERS BY CONTESTANT'S FRIENDS.

We have very carefully examined the evidence relating to the intimidation of colored voters by contestant's friends (as is alleged by contestee, in his reply to notice of contest), and do not find that the evidence discloses a single instance where a colored voter was deprived of voting for contestee by reason of threats or intimidation from any source. The evidence discloses the fact to be that contestee received but few of the votes of colored voters, and that there was by far a larger number of white voters who voted for contestant than there were colored voters who voted for contestee. The vote as returned is stated as follows, upon page 393 of the Record.

Harris, Greenbacker........
Buchanan, Republican
Manning, Democrat ..

3,585 9,996

15, 255

The evidence shows there to be about 19,700 colored voters and about 17,100 white voters in the district, with some 2,600 more colored voters than whites; that the colored voters are Republicans, with few exceptions, and so voted (or made the effort to vote), as is shown to be the case also with quite a number of white voters; and that the white voters generally were divided (in a measure) between the Democratic and Greenback candidates. Granting that the canvass was equally thorough and active on the part of all parties, and that the voters generally came to the polls, we cannot resist the conclusion that on the day of the election the voting strength of contestee's party was in a minority to the extent of 5,000 to 6,000 voters.

Yet notwithstanding this evident condition of the two parties on the day of the election, we are confronted with a return, heretofore referred to, giving the contestee a majority of some 5,300 voters. Were we to take the State census as evidence in reaching a conclusion on this point, contestee's party would still be in a large minority.

There are only 17,155 white voters in the district. The proof is clear that Harris, the Greenback candidate, received 3,585 votes, of which (not exceeding) 1,000 were colored, leaving him 2,585 white votes.

H. Mis. 35-20

It is further clearly proven that quite a number of white voters did not go to the polls. (See evidence, Howze, p. 19; Newsom, p. 22.)

It is further proven that contestant received a number of white votes, and yet, according to the returns, the contestee is credited with 15,215 votes, which is manifestly impossible under the circumstances.

On the other hand, the contestant is credited with only 9,996 votes, while there are 19,800 colored voters in the district, who, according to the proof of contestee's own friends, were all solid for contestant, and came to the polls and voted or offered to vote.

This again is a manifest impossibility. This at once throws suspicion on the fairness of the count, and when the whole of the election machinery was in the hands of contestee's friends the burden of showing the fairness of the count should be upon him when a reasonable doubt of fairness has been established by the proof. This brings us to a consideration of the evidence tending to show how this result was brought about (after first examining the election laws of Mississippi bearing on the points in controversy).

ELECTION LAWS, CODE OF 1880.

SEC. 105. The books of registration of the electors of the several election districts in each county and the poll-books as heretofore made out shall be delivered by the county board of registration in each county, if not already done, to the clerk of the circuit court of the county, who shall carefully preserve them as records of his office. and the poll-books shall be delivered in time for every election to the commissioners of election, and after the election shall be returned to said clerk.

The clerk of the circuit court of each county shall register on the registration book of the election district of the residence of such person any one entitled to be registered as an elector, on his appearing before him, and taking and subscribing the oath required by article seven and section three of the constitution of this State, and printed at the top of the pages of the registration books, which subscription of the oath aforesaid shall be by the person writing his name or mark in the proper column of said book.

Section 121 of the Mississippi Code of 1880 is as follows:

Two months before any general election and any election of Representatives in Congress, and any election of elector of President and Vice-President of the United States, the governor and lieutenant-governor, or president of the senate if the lieutenant-governor is performing the duties of governor, or if there is no lieutenantgovernor, and the secretary of state, or a majority of such officers, shall appoint in each county in this State "commissioners of election," to consist of three competent and suitable men, who shall not all be of the same political party, if such men of different political parties can conveniently be had in the county, and who, for good cause, may be removed in the same manner as they are appointed. Before acting the said commissioners shall severally take the oath of office prescribed by the constitution and file it in the office of chancery clerk of the country, who shall preserve such oaths. While engaged in their duties the said commissioners shall be conservators of the peace, with all the powers and duties of such, in the county in which they are acting. They shall continue in office for one year unless removed and until successors are appointed.

Section 124 of the Mississippi Code of 1880 is as follows:

On the last Monday of October preceding a general election, and five days before any other, the commissioners of election shall meet at the office of the clerk of the circuit court of the county, and carefully revise the registration books of the county and the poll-books of registration of the several precincts, and shall erase therefrom the names of all persons improperly thereon, or who have died, removed, or become disqualified as electors from any cause, and shall register the names of all persons illegally denied. All complaints of a denial of registration may be made to and be heard and decided by the commissioners of elections, who shall cause the books of registration to be corrected, if necessary, so as to show the names of all qualified electors in the county and such books shall be prima facie evidence of the names and number of the qualified electors of the county.

SEC. 125. The clerk of the circuit court shall attend such commissioners, if so requested, and shall furnish them the books of registration and the poll-books, and