Q. Do you know of any intimidation before the election?-A. It was a common thing, a short time before the election, for the Democrats to ride up and down at night, making the night hideous with noises and curses to intimidate the Republicans of the county. During the week prior to the election they visited my house twice. The first time I was not at home. The second time they came I left my house and. took to the woods, fearing they would kill me because of my politics. They fired pis ols nightly for the purpose of striking fear in the hearts of the colored people. All the Republicans were terrorized, they never having heard or seen such things These are the only changes in the official statement of the vote in this county which your committee recommend, but they desire to call especial attention to the following extracts from the testimony for the purpose of showing the spirit and mode of conducting the election in this county: Frederick Nix, jr., at p. 715, testifies: Q. Was it not understood and agreed upon just before the last general election, between yourself, as Republican county chairman, and E. J. Snetter, and other Republican supervisors of election, that they should leave the ballot-boxes at Elko, Graham's, Barker's Mill, and Allendale before the voting and the counting of the votes was completed, for the purpose and with the understood design of contesting the election of George D. Tillman to the House of Representatives from the fifth Congressional district of the State? (Contestant, notwithstanding the question being irrelevant at this stage of procedure, consents that the question should be asked and answered.) A. It never was, and I never heard of it before. I did not expect the supervisors to remain at those and other precincts, from what was told to me by various Democratic precinct chairmen, one of whom is sitting down by me, that the Republican candidate for Congress would be counted out. As to Millett's, Thomas Roberts testifies (p. 61): Q. In what polling precinct do you live?-A. Millett. Q. Did you go to Millett at the last general election to vote?-A. No; I wanted to go there, but it was rumored that if the Republicans went there to vote they would be killed, and I started to Red Oak; but about half a mile from the poll a party of men met us in the road and fired over our heads, and the Republicans scattered. About a mile from there, on another road, another party of Democrats met us and fired off their pistols. We became alarmed and ran away home. I did not vote that day, but I intended to vote the straight Republican ticket. I slept out in the woods for nearly a week for fear of being killed. The colored people were very much alarmed in that neighborhood. There were many others in the party when the firing took place, and were afraid to leave home and go to the poll. John Woodward testifies (p. 15) as follows: Q. What is the nighest polling place to where you live?-A. Millett. Q. Did you vote there ?-A. I was afraid to go there. Q. Why?-A. Because of threats to kill any Republican who went there to vote. I started to Red Oak, and a half mile from the poll were met by a party (16) of mounted Democrats, who fired their pistols over us, and our party broke and ran away. I went home, but slept in the woods for three or four nights. We had not got over the Ellenton riot, and could not stand to see them tote "them guns." The colored people were much scared in the neighborhood. I was going to vote the straight Republican ticket. I know of about eight Republicans who ran off and did not vote. They would have voted the Republican ticket. Cross-examined by Mr. HOLMES: Q. By whom were these reports that the Republicans would be killed if they voted the Republican ticket at Millett's?—A. By the Democrats. Q. How do you know that it was started by them ?-A. I know it because they put out the report. Calvin Brown (p. 39) testifies as to Williston: Q. Who was the supervisor at this poll?-A. A. W. Gantt. Q. Was he there when the vote was counted?-A. Yes. Q. Do you know why he left?-A. Mr. John D. Brown, a marshal, ordered him out. He objected to any supervisor being around the box. It was his house where the poll was held. Q. Did you hear him order the supervisors ?-A. Yes; he told me that he had received a dispatch from Judge Bryan that no supervisor had a right to be around the poll. Q. Is Brown the sergeant-at-arms of the house of representatives?-A. Yes. Q. Was Brown claiming to be and acting as an officer of any kind that day?—A. Yes. Q. Did he have on a badge?-A. Yes. Q. When Brown told them to go out, did he request them to go out?-A. He said, "I will allow no supervisor in my house;" that he had received a dispatch from Judge Bryan not to allow any supervisor inside the poll. G. W. Gantt, supervisor (p. 57), as follows: Q. Were you at Williston on the day of the election as supervisor?-A. Yes. Q. Did you keep a poll-list?-A. No; I started to do so, but was arrested by J. D. Brown, who claimed to be an officer, with a badge on, and put me out of the house. Q. Was it possible for you to keep any check on the managers without keeping a poll-list -A. No. E. J. Snetten, United States supervisor at Elko (page 59): Q. Was there any railing or anything to keep people out?-A. There was a pen in front of the door 4 by 6 feet, giving space enough for one man to enter at a time. Q. Were the managers Republicans?-A. No; they were all Democrats. Q. Did you remain at your post all day?—A. I did not; at the opening of the poll I requested to enter the house where the poll was, but was refused admission by one of the managers, who said that the managers were all honest, and said that I must go into that pen. I went into the pen and started to keep a poll-list. Soon after some came up to vote and whispered their names. When I asked them for their names the managers told them not to give their names, as I had no right to take them. This happened a great many times, and I was unable to get the names of voters; there were Democratic voters; there was a great deal of cursing and loud noise by the Democrats; one Dimond made many threats and cursed me, saying that some boys would be up here to-day to see into those big eyes. Many of them were under the influence of whisky; there was a man standing beside me who brandished a large revolver, and I thought that he was going to shoot me; I heard some yelling, and a crowd of about 25 men rode up with red shirts on, and this man said, "Here are the boys that will see in Snetten's big eyes;" they dismounted and crowded the poll, and the pen in which I was was torn apart, and, fearing personal injury, I took my things and left the poll. Q. Were you afraid to stay there?-A. really was; it would not have been safe. Q. What time was this?-A. About 8.45 a. m. Q. How many Republicans had voted at that time?-A. Not more than three, I think. Q. How many Democrats?-A. About forty or fifty. Q. Why more Democrats than Republicans?-A. The Democrats were making so much noise that the Republicans were afraid to go up to the poll to vote. Allen P. Patterson (p. 45): Q. Did you stay there all day ?-A. No. Q. Why did you leave?-A. A company of Democrats came from towards Blackville: they dismounted and crowded the poll, threatening the Republican supervisor; they tore down a pen in front of the poll; they were drunk, and created a great alarm among the Republicans, causing them to leave the poll for fear of being hurt. Q. Did you hear any of the managers say anything about the voting ?-A. Mr. Nixon, the chairman of the board of managers, said that "d-d if the Republicans would get many votes there that day." Daniel Patterson (p. 40): Q. Were the Republicans afraid because of the conduct of the Democrats to stay there that day?-A. They said they were. I was. Q. Did you hear either of the managers say how many Republicans would be polled there that day?-A. I heard Mr. Nixon say that there would be d―d few Republican votes polled there that day. C. C. Robinson, United States supervisor at Ferrill's Store, testifies (p. 38): Q. How was this excess drawn out?-A. The manager looked in the box and drew out the excess. Q. The manager was not blindfolded?-A. He was not. Q. How many Republican votes were drawn out?-A. Twenty-two. Q. Were there any ballots found in the box inclosed in other ballots?-A. There were 18. Q. What was the character of these ballots?-A. One Republican and 17 Democratic. Q. Were the managers Republicans or Democrats?-A. All Democrats. Q. Did you see each Republican cast his vote there that day?—A. Yes. Q. Can you tell how this excess was created?-A. Yes; the managers said that the ballots found folded together were regularly voted, and unfolded and counted them in the total number of votes cast, and when the excess was found to be 22 the managers drew out 22 Republican ballots. M. G. Young (p. 43) testifies as follows: Q. Were you present when the polls closed, and did you see the managers count the votes ?-A. Yes. Q. Do you know how many ballots came out of the box with more than one in them? -A. Seventeen. Q. What kind of ballots were they?-A. Democratic. Q. Were there any Republican ballots so folded ?-A. Yes, one. Q. Did the managers compare the number of ballots in the box before they ascertained for whom they were cast?-A. They opened them all and counted them all, and then compared them with the names on the poll-list; then they destroyed the excess of 22 ballots. Q. How were the 22 ballots drawn out?-A. One of the managers looked in the box, picked out 22 Republican ballots and destroyed them. Q. Whose name did the Republican ticket have on it for Congress?-A. Robert Smalls's. These facts are admitted with a boastful frankness on page 83 of the contestee's brief. These 22 ballots illegally taken from the contestant should be restored, and the same number of fraudulent ballots illegally counted for the contestee should be deducted. BARKER MILL. James McMillen testifies (p. 18) as follows: Q. Did you go to Barker's Mill on the day of election for the purpose of voting, and did you vote?-A. I went to the poll at 6 a. m., but the poll did not open until 8.30 a. m.; remained until about 4 p. m.; being unable to vote, as the Democrats in uniform, armed with clubs and pistols, barred the way and prevented the Republicans from voting, we all went home and did not vote at all. Dave Norris and Ben Myric, active Democrats, told the people that if they would vote the Democratic ticket they would be permitted to do so, but they would not be allowed to vote the Republican ticket. The Republicans, being afraid of violence if they persisted in voting as they desired, finally went home without voting. C. F. Cave (p. 18) testifies: Q. Do you know of any intimidation or violence during or preceding the election by Democrats?-A. I do. On the Thursday night before the election a mounted party came to my house and attempted to call me out, but I refused to go. They said that if they heard any more threats they would come back again, but I must look out for Tuesday anyhow. I heard a great many parties riding around the county threatening the people. Felix Hayes testifies (p. 19) as follows: Q. Did you vote?-A. I did not. Q. Why?-A. I went to the poll about 6 a. m., and found that no poll was opened. The poll opened about half past eight, but I was prevented from voting by the Democrats, who were armed with pistols and clubs, wearing red shirts, and threatening the Republicans. I would have voted for Robert Smalls for Congress if I had been permitted to vote. Q. Were many Republicans prevented from voting that day?-A. About three hundred and fifty. Robert Bradley testified (p. 19) as follows: Q. Did you go to Barker's Mill on the day of election to vote, and if you did not vote, state why?-A. I went to the poll about 6 a. m., and staid until 4 p. m. I did not vote, as a large number of Democrats were present in uniform, armed with pistols and clubs, and who prevented any one from voting the Republican ticket; had I been permitted to vote I would have voted for Robert Smalls for Congress, as would the other Republicans who were prevented from voting, numbering about three hundred and fifty. It will be borne in mind that this is one of the counties of this district from which no precinct returns and poll-lists were sent to the State board, and that fact being taken in connection with the gross miscon duct as evidenced by the testimony, extracts from which are given above, it has been a question with your committee whether the vote of the entire county should not be rejected. If proper returns had been made to the State board they would have furnished the means of ascertaining and correcting the vote of this county, but as the conclusions at which your committee have arrived renders it unnecessary to reject this entire county, because its rejection would not change the result, your committee has deemed it best only to reject the vote of Allendale precinct, as to which the facts are conclusively shown by the testimony, and to correct the vote at Ferril's Store, so as to give each party the vote actually received. COLLETON CO.-WATERBOROUGH PRECINCT. The testimony shows conclusively that the mode of managing this poll was most unfair; that the managers were under control of the Democratic county chairman, who was also chairman of the commissioners of election, who appointed all of the managers from one party, and appeared also as the attorney for the contestee. The following extracts show something of the methods resorted to: Testimony of William A. Paul (page 336): At the opening of the ballot-box the managers found the box to contain one thousand and thirty-six ballots; at the closing of the polls the amount of the poll-list was eight hundred and ninety-five ballots; the excess found in the box was one hundred and forty-one according to my account. After the box was opened the managers were quite undecided as to how they would stir the votes up, and they were for some time devising a plan how they could mix them so as to take out the excess over the polllist and to take out a majority of Republican ballots if possible, which they succeeded in doing; and I found after they had commenced to draw the ballots from the box when they would draw out two Democrat ballots and destroy them they would draw out from five to six Republican ballots and destroy them also; and one of the managers was blindfolded who was required to draw the ballots, and turning his back to the table upon which the box was placed, the box being set into a large stickbasket, the box not being able to hold the ballots after being thoroughly stirred, they then stirred the ballots into this basket, from which they drew the excess of the polllist. The manager who was required to do the drawing deliberately passed the ballots through his hands; by so doing one ballot was easily distinguished from another; they succeeded nicely in carrying out their premeditated plan. Also the testimony of Daniel Sanders, on p. 370: Then came the confusion about the votes; both Republicans and Democrats crowded around the box; the box was opened in the presence of all; the law was furnished the managers how they should proceed before counting votes; the box was so full that the ballots could not be mixed according to law. The box was set into a stick-basket; one of the managers tried to mix the votes in the box, and he failed to mix them, and then emptied the votes into the basket. Then the managers got confused how they would mix them; they stirred them up; they brought two-thirds of the tickets, as well as I could see, to the top were Republican tickets; then the manager com menced drawing; they drew for a while from the top, and, as well as I could see, the manager sometimes would draw from the bottom. All this occurred after counting the number of ballots in the box. There was, to my recollection, 140 ballots in excess of the names on the poll-list; then the ballots were put back into the box-130 drawn out, to the best of my recollection. While drawing, or before drawing, they were stirred up again in the same basket; then one of the managers was blindfolded; he drew out about twenty Democratic ballots-would not be positive to that numberand the balance were Republican ballots. It is clear that there were from 90 to 110 votes illegally taken from the contestant at this poll, and the same number illegally given to the contestee. The entire conduct of the election in Colleton is most discreditable to those who had it in charge. Except one Republican on the county board, appointed by the governor, and who was outvoted by the other two, every election officer was appointed from the contestee's partisans save one manager at Green Pond poll, and their sole purpose, apparently, was to subserve his interests. Three large Republican precincts, Adams' Run, Ashepoo, and Bennett's Point, having been abolished, this vote was thrown to Gloversville and Jacksonborough. The Democratic managers at Gloversville did not open the poll on the day of election, and to Jacksonborough the commissioner sent the smaller of two sizes of boxes. At one o'clock this box was full of ballots. It contained 618, and the managers refused to use another, though over 100 Republican voters were standing at the polls waiting to vote, and others were in sight approaching. Whilst neither the county nor State board had under the plain wording of the statute, which has been construed by the State court of last resort, any judicial power as to the vote for Congressman, yet they threw out this box, depriving the contestant of not less than 618 votes, and without any assigned, known, or apparent reason the board failed to canvass the 276 votes polled for contestant at Horse Pen. (Record, pp. 353, 354, 355, 356, 357, and 378 and following.) Besides the failure to open the Gloversville poll, whereby contestant lost 400 votes, the testimony shows that he lost 700 more by the failure to open the Summerville poll, where a large number were actually present and listed; besides, more than a hundred votes were lost by illegally closing the poll at Jacksonborough. At Delama, also, the manager failed to open the poll, whilst at Snider's Cross-Roads, Smoak's Cross-Roads, and Carter's Ford the supervisors were hindered and obstructed in the discharge of their official duties. At Maple Cane 26 Democratic ballots were stuffed into the box, and 25 Republican were withdrawn, whereby the contestant lost that number of legal ballots, and the same number were left to be, and were, counted for the contestee. At Bell's Cross-Roads 31 of contestant's votes were withdrawn and a like number of fraudulent ones counted for the contestee. In this county alone it is shown that from 1,400 to 1,800 Republican voters were deprived of an opportunity of voting by failure to open and illegally closing polls, whilst 223 fraudulent ballots were stuffed into the boxes. A. P. Holmes (p. 379) testifies: Q. What kind of a box did they send to Jacksonborough and other strong Republican precincts, where large number of votes are usually polled -A. They were all of a smaller size box, there being two sizes; though the box sent to Jacksonborough would have been ample large enough to have held the votes of that polling precinct if the Gloversville polling precinct had not been closed, the next nearest voting place. Q. How many polling precincts were not opened during the election day ?—A. Three. Q. Were or were they not usually strong Republican precincts?-A. Two usually give large Republican majorities; the third one a small Democratic majority. H. Mis. 35-31 |