CAHABA PRECINCT, DALLAS COUNTY.

This box was not counted by the county supervisors because the statement of the result returned was informal, but the evidence shows that no blanks for that purpose were furnished. And the evidence is clear as to how the actual vote was (see evidence of S. G. Hatcher, pp. 61-71; Simon Ulmer, pp. 65, 66; Elisha Pittman, pp. 66-71; Wesley Thomas, pp. 71-75; Osborn Gardner, pp. 75-78; George F. Beach, 100-104; and J. C. Duke, pp. 147, 148).

SUPERVISOR'S RETURN.

U. S. supervisor's return of votes cast for Representatives in Congress from the 4th Congressional district of the State of Alabama, at precinct or poll No. 16, commonly called Cahaba, in the county of Dallas, on the 2d day of November, 1880.

I, the undersigned, supervisor of election, appointed by the circuit court of the United States, hereby certify that the foregoing return is true and correct. Witness my hand at Cahaba, Ala., this 20th day of November, 1880.

ELISHA PITTMAN,

PINE FLAT PRECINCT, DALLAS COUNTY.

Supervisor.

The returns rejected because signed by making mark for signature. Evidence of Frank Johnson, pp. 81-84; S. Torner, pp. 84-87. Exhibit, p. 364. George F. Beach, pp. 100-104, 375–378.

SUPERVISOR'S RETURN.

U. S. supervisor's return of votes cast for Representatives in Congress from the 4th Congressional district of the State of Alabama, at precinct or poll No. 11, commonly called Pine Flat, in the county of Dallas, on the 2d day of November, 1880.

I, the undersigned, supervisor of election appointed by the circuit court of the United States, hereby certify that the foregoing return is true and correct. Witness my hand at Pine Flat, Ala., this 5th day of November, 1880.

SKADE TORNER,

Supervisor.

RIVER PRECINCT, DALLAS COUNTY.

Evidence of Joseph Richardson, pp. 87-91. Exhibit, p. 363. Clifton Campbell, pp. 91-94; W. H. Hatcher, pp. 94-97; Dave Burns, pp. 97100; George F. Beach, pp. 100-104, 375-378; and J. C. Duke, pp. 147, 148.

U. S. supervisor's return of votes cast for Representatives in Congress from the 4th Congressional district of the State of Alabama, at precinct or poll No. 10, commonly called River beat, in the county of Dallas, on the 2d day of November, 1880.

In this precinct there were cast, as the evidence shows, for Smith 384 votes, and for Shelley 16 votes. The ballots were counted, the returns made out, placed in a box, and returned to the sheriff of the county, and delivered to him, but when opened by the county supervisors no returns found and none counted. The evidence is clear and abundant, both as to the votes cast for each candidate and that the return was made as the law requires, and was, when delivered to the sheriff by the returning officer, in the same condition as when it left the inspector's hands. The sheriff had the key to the box, and while the evidence does not show that he tampered with the box, it does show the facts set forth above; and the result was that Mr. Smith again lost 384 votes honestly cast for him, while Mr. Shelley lost 16. The Democratic loss is not so great as to cause extreme anguish of spirit in them, being consoled as they were by the fact that the Republicans lost 384 at the same time.

The evidence on this precinct is found as follows: N. Petteway, pp. 114-121; Abe Martin, pp. 121-124; J. C. Duke, pp. 147-148; and Exhibit, p. 361. In this precinct the Democratic inspectors refused to open the polls, and no blanks for the returns were furnished.

SUPERVISOR'S RETURN.

U. S. supervisor's return of votes cast for Representatives in Congress from the 4th Congressional district of the State of Alabama, at precinct or poll No. 7, commonly called Martin Sta., in the county of Dallas, on the 2d day of November, 1880.

I, the undersigned, supervisor of election appointed by the circuit court of the United States, hereby certify that the foregoing return is true and correct. Witness my hand, at Martin Sta., Ala., this 2' day of November, 1880. JOHN WESLEY,

To J. W. DIMMICK,

Chief Supervisor of Elections, Montgomery, Ala.

Supervisor.

The inspectors appointed by the co. refused to open the polls. I went for the ballot-box that was in the freight-house, in charge of S. Stinehardt, fr't ag't at Martin's Sta., and got it from his clerk; but Mr. Stinehardt met me and taken it away from me, and said no one should have it except Mr. Martin, and that if I or any one else put hands on it would get a ball in us. I sent for Mr. Martin twice before I could get it. I succeeded, however, in getting the boxes and opening the polls before nine o'c'k. There was no blanks of any kind in the boxes, and we had to use writing paper. We done the very best that we could under the circumstances.

his

JOHN WESTLY.

mark.

P. S.-Mr. Stinehardt, in whose employ I was, told me that because I taken the part I did that he had no further use for me.

LEXINGTON PRECINCT, DALLAS COUNTY.

The facts attending the vote in this precinct are similar to the one above. The evidence of J. Adams, pp. 124-129; Exhibit, p. 362; Horace Mosley, pp. 129-131; George T. Beach, pp. 100-104, 375-378; J. C. Duke, pp. 147, 148, shows convincingly to your committee that at this precinct there were cast for Mr. Smith 320 votes, and the Democratic supervisors in this case again failed to find any returns, which the evidence shows were in the box when delivered, and Smith again compelled to lose 320 votes, while Shelley lost none, having received none. SUPERVISOR'S RETURN.

U. S. supervisor's return of votes cast for Representatives in Congress from the 4th Congressional district of the State of Alabama, at precinct or poll No. 9, commonly called Lexington, in the county of Dallas, on the 2d day of November, 1880.

There wasn't any disturbance the 2d day November at the election Lexington beat. The whites acted well. No man offered any riot, disputing about the election. Close at 5 o'clock p. m. The poll opened 4 minutes after 6 o'clock.

I, the undersigned, supervisor of election appointed by the circuit court of the United States, hereby certify that the foregoing return is true and correct. Witness my hand at Lexington, Ala., this 4th day of November, 1880.

CHILLATCHIE PRECINCT, DALLAS COUNTY.

Evidence-L. Irby, pp. 131-138; Exhibits, pp. 138-140, 370; Toney Ables, pp. 141-144; G. F. Beach, pp. 100-104; and J. C. Duke, pp. 147, 148.

In this precinct the Democratic inspectors refused and failed to open the polls. The citizens did so, but as the county supervisors failed to furnish either ballot-boxes or blanks for the returns, the votes were put into a cigar-box and counted. Certified returns made out and delivered to the sheriff, or rather an offer to do so; when, as the evidence shows, he was told by the officer to take it away, as the d-d thing was not wanted in his office. This officer had no authority to refuse receiving the box; but as it contained 124 votes for Smith, and but one for Shelley, his profanity as well as refusal may be accounted for.

SUPERVISOR'S RETURN.

commonly called

U. S. supervisor's return of votes cast for Representatives in Congress from the fourth Con gressional district of the State of Alabama, at precinct or poll No. 26, Chillatchie, in the county of Dallas, on the 2d day of November, 1880.

I, the undersigned, supervisor of election appointed by the circuit court of the United States, hereby certify that the foregoing return is true and correct. Witness my hand at Chillatchie, Ala., this 2d day of November, 1880.

To J. W. DIMMICK,

LINDSAY IRBY,

Supervisor.

Chief Supervisor of Elections, Montgomery, Ala. : The polls at this voting place were opened by the colored citizens. The inspectors appointed by the co. (if any) never showed themselves, nor could we find out who they were, nor could we get any ballot-box. We voted in a segar-box. So far as to law the election was all right, except we voted in a segar-box.

LINDSAY IRBY.

In all the foregoing precincts the Democratic inspectors failed and refused to open the polls, thus compelling the citizens to appoint others, whom it was supposed, on account of illiteracy, would fail to make out the statements, returns, &c., in a legal manner, and thus furnish the county supervisors, who appointed these inspectors, an excuse for rejecting the returns. This failure on the part of the inspectors invariably occurred in precincts largely Republican, and, read in the light of the subsequent action of the county supervisors, furnishes convincing evidence

of collusion and fraud, by which the electors of these precincts were to be cheated out of their votes and Mr. Smith out of his election, and does not well comport with the resolve for a free, fair vote and an honest count.

PINTLALA PRECINCT, LOWNDES COUNTY.

See evidence of Samuel M. Duncan, pp. 200-203; W. D. Gaskin, pp. 203, 207; exhibits, pp. 344, 345; Samuel Lee, pp. 207, 208; J. V. McDuffie, pp. 211, 216; B. W. Mason, pp. 554, 555 (contestee's witnesses).

In this precinct the Democratic inspectors failed to open polls, and the evidence shows that polls were opened by the voters, and that one E. P. Holcombe, who had been appointed by the county supervisors as an inspector, refused to act, although present. The election was quiet and orderly during the voting, but about the time the polls closed said Holcombe appeared in the room and claimed the box, and against the protest of the officers took the box and put it in a carpet-sack or sachel, in which he had, in the opinion of your committee, another ballot-box stuffed for the occasion, and which he, after disputing with the officers of the election for a time, took out and left instead of the one he had taken from the table, and it appears fully and conclusively that the box stolen by Holcombe contained 315 votes for Smith and 35 for Shelley, and the one substituted only 9 votes for Smith and the balance for Shelley.

This high-handed, unfigleafed fraud is so grave and impudent your committee deem it proper to give the evidence, in part at least, in relation to this transaction:

WILLIAM D. GASKIN, a witness called and examined by the contestant, and in his behalf, being first duly sworn, deposes and says upon oath :

Question. Where do you reside; how long have you resided there; to what race do you belong; what is your occupation, and are you a Republican or Democrat in politics?-Answer. I reside in Pintlala beat, Lowndes County, Alabama, and have lived there about eighteen years; I belong to the African race; am a farmer by occupation, and a Republican in politics.

(Counsel objects to the examination of the witness, upon the ground that he resides outside of the district in which the commissioner resides, and in a different county.) Q. Was there an election held in Pintlala beat, Lowndes County, on the 2d day of November, 1880, and who were the candidates for Congress voted for at that election? -A. There was an election held there on that day. The candidates were James Q. Smith and Charles M. Shelley.

Q. Who were the inspectors appointed by county authority to hold said election? Were they present to open the polls, and were they supporters of Charles M. Shelley for Congress, and were they Democrats in politics?-A. The inspectors appointed by the county authorities were E. P. Holcombe, D. W. McCarthy, and Robert Dandridge. Robert Dandridge and E. D. Holcombe were present, but McCarthy was not. Holcombe was a Democrat, and a warm supporter of Mr. Shelley, as was also McCarthy. Robert Dandridge was a Republican.

Q. Did E. P. Holcombe offer to open the polls and hold the election?-A. He pretended at first in the morning that he wanted to open the polls, and said that he had to wait for McCarthy. McCarthy did not come, and he refused then to act.

Q. Was Dandridge, the other inspector, present when Holcombe refused to act ?--A. Yes, sir.

Q. Was Holcombe a white man, and is Dandridge a man of color?—A. Holcombe was a white man; Dandridge is a colored man.

Q. Who opened the polls and held the election ?—A. Robert Dandridge, Philip Samuel, and Toney Davis.

Q. Did the inspectors take an oath as such; and before whom was it taken? Were there clerks appointed, and who were they?-A. The inspectors took an oath administered to them by Mr. Collins, a magistrate. Two clerks were appointed—Henry Green and Sampson M. Rives. They were sworn by the same magistrate.

Q. Was there any announcement that the polls were open, and at what hour?— A. The polls were announced open at about half past eight o'clock, as near as I remember.

Q. Do you know Philip Samuel and Toney Davis, and how long have they resided