The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1882-04-20
The Election Trials.

The Election Trials.
The trial of Bates, Gayden and
James, managers of election at
Acton precinct, Richland County,
charged with violating the election
law at the election in 1880, was
concluded in Charleston Friday.
The witnesses for the prosecution
swore that the managers refused to
open the box for inspection before
the balloting began that Hugh P.
Kane, q. S. Supervisor at this pre-.
cinct, was interfered with in the
discharge OF his duty, and that the
ballot box was stuffed with the
knowledge and connivance of the
managers. Kane swore that after
the voting was over and the lid had
been taken off and laid aside he
examined the lid and found four
strings pressed into it on the under
side; the effort OF this witness was
to make it appear that the managers
had fastened q quantity Of tickets
under these strings before the bal
loting began and that in taking of
the lid, which WAS sliding one,
these ballots dropped into the box.
He further testified that whom the
lid was removed from the box be
saw q quantity Of tissue tickets on
top of the other tickets. The de-
fendants, who are man Of irreproach
able character and men of influence
| and position in their community,
testified that there were no strings
on the box lid and no ballots were
in the box when the voting began /;
that they exhibited the open box to
Supervisor Kane and others present
before locking it. Their testimony
| was corroborated by others. Kane,
the Supervisor and chief witness
for the prosecution, is one of the
parties tried ten days ago in Char
lesion for the murder of Amos
Ladd in 1877, and acquitted. It
was proved on this trial. and on
the former trial, that he is 8 native
OF Ireland, and has never been nat
uralized as a citizen of this country.
Notwithstanding this he swore, in
taking the oath as Supervisor, that
he was 8 citizen and be voted not
only in 1880 but on several other
occasions. The testimony having
been concluded the argument for
the prosecution was opened by Mr..
Dallas Sanders, a Democrat" of
Pennsylvania, who was sent down
by Attorney-General Brewster to
assist the District Attorney. Col.
John C. Haskell and Col. John R.
Abney, of Columbia, spoke for the
defense, and District Attorney Mel.
| ton closed for the prosecution.
Judge Bond charged the jury, the
charge seeming to bear pretty hard
on the defendants. He took occa.
sion in his charge to remind the
jury that the only trial for violating
the election laws in South Carolina
was where in 1874 Republican vo.
ters were tried and convicted under
Republican administration. It is
impossible to see what this had to
do with the case. The jury went
into their room at 4.45 P. NJ. Fri.
day. The jury was composed of
six whites and six uegroes-three
Of the whites were Democrats all
the others of the jury were Repub
licans.
At P. N. Saturday the iary
came into Court and stated that
they could not agree. Judge Bond
told them be could not discharge
them, and sent them back with di
rections to bring in a sealed yer.
dict should they agree before the
opening of the Court Monday. The
jury came to an agreement Sunday
morning, sealed up their verdict
and left it with the foreman. When
Court met Monday the verdict Was
published. It was guilty as to the
first count, with recommendation
to mercy; not guilty as to the other
counts. The first count charged
the defendants with hindering the
.. S. Supervisor, Kane, in the dis
charge of his duty, by refusing to
allow him to examine the ballot box
before the voting began.
Since writing the above We have
learned that two Of the Jurors dis
svowed the verdict after it was
sealed up but before it was pub
lished in open Court We take the
following from Tuesdays Ne'os and