The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1881-02-09
Stolbrand and Aiken.

On last Wednesday Colonel Eugene B.
Gary, attorney for Honorable D. Wyatt
Aiken, went before United Suites commits
sloncr F. II. Eaton, a. Columbia, in pursu-
ance OF 4 notice that Stolbrand would at that
,lmc and place take testimony in the election
contest. Before proceeding to take testimony
the attorney Of Mr.. Aiken filed II numbcr Of
objections and exceptions, on the following
grounds
I. because the Plaintiffs notice that he
would take testimony was served on defend
ant OF Washington, u. c.. on the 18th day OF
January, lSSl, and docs not allow the defend
ant sufficient time by the usual route of
travel 10 attend, and one day for preparation
exclusive Of Sunday and the day OF service.
II. Because the persons mentioned in the
notice aforesaid for taking dcpoSitions in this
ease are not competent for that purpose.
III. Because the names and places OF resi-
dencc OF the witnesses 10 be examined are
not specified and set forth in the same notice.
". Because plaintiff took testimony at
places where he did not allcgc in his notice OF
contest, that there was fraud. violence or He
rality OF any kind In conducting the election.
v. Because the testimony heretofore taken
was not confined TO the proof or disproof OF
the facts alleged or denied in the notice Q!
contest and answer thereto.
VI. Because the questions propounded TO
tho witnesses were not reduced to writing.
After Colonel Gary had filed the aforesaid
objection and exceptions the attorney OF Stol-
brand asked that the taking Of further testi-
mopy be postponed until the succeeding day,
On account Of sickness.
On the succeeding day the attorney OF Mr..
Aiken again appeared before United States
Commissioner +. II. Eaton, but the attorney
OF Mr.. Stolbrand again asked that the taking
OF testimony be postponed until the next
day.
The attorney for Mr.. Aiken went before the
said Commissioner the third day. and before
proceeding to take testimony, he filed objec.
ton and exception on the following grounds {:
/. That plaintiff Stolbrand had failed to
serve notice of contest within thirty days Of
ter the result OF the election had been deter
mined by proper authority.
2. Because q United States Commissioner is
not competent to take testimony in such
cases.
3. Because copies OF contest and answer
thereto were not filed with the Commission
er, so rs give him Jurisdiction to take testi-
:nony.
Two witnesses were sworn before Commits
s!oner Eaton and testified III substance as fol-
lows:
A.. w. Curtis, sworn, testified that he was n
supervisor at Gadsdcn precinct, in Richland
county; that he was admitted to the room
md kept n poll list that nearly 800 Eepuhli-
can votes were cast that there was lG ballots
in the box in excess OF the poll list; that
these were drawn out and destroyed ; that l2)
of them were Republican ballots; that his
list correspondcd with that kept by the man
a.crS: that no one was deprived OF voting at
the polling place, and that q full colored vote
was polled there.
Mr.. NJ. A. shelton, sworn, testified that he
was present. off and on, during the day OF
election ut Ward . In Columbia that the
saw Captain Little, United States Supervisor,
rome down and go into the polling place;
that he heard the town clock strike 6 twice
that morning; that there was no disturbance
at the polls; that 1t WAS the quictcst election
he ever saw: that he (witnesS) was one of the
enumerators Of the last census; that there
were between 2,l0l and $50 more colOrcd men
over q years old in Richland county than
there were white men over that age: that TIE
majority of the colored people in the county
are principally Republicans; that he did not
believe lD Of them voted the Democratic
ticket; that he (witncss) called himself q
straiChtout Democrat that he thought Mr..
Dent ran between 800 and 60 votes ahead Of
The Republican ticket, as that many Demo-
Gratis voted for him; that while he was pre-
sent at the polls he sap-not tissue ballots vot-
eog66sI Car. staefsd e MI the aboya, ss:s,a
gaiicn6 c0ntained In theno of contest and
also that they were not submitted in writing.
Mt. Hobbs gave notice that he would take
no more testimony until February II. 1851, at
which time he would to take testi-
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