Savannah morning news. [volume] (Savannah) 1868-1887, 1882-04-24
BREWSTER'S CRUSADE.
THE SUMTER MANAGERS PLEAD
GUILTY.
The Case Dismissed - Wholesale
Perjury - The OOlletOn Commits
sIOners Set at Liberty.


county canvassers Of Sumter county plead
ed guilty this morning to neglecting and re-
fusing to count the votes of the three cleo
tion precincts in that county. The District
Attorney did not press the other counts in
| the Indictment. After the statement by
General E. w. Noise, their counsel, in ex-
planation of their action, Judge Bond
stated that all the government wanted was
a viDdication of the law, and allowed them to
go without sentence.
The District Attorney called the attention
of the court to the two cases mentioned
above against D. Jas Winn and Henry Nc
| Lauren, commissioners of election for Sum-
ter county, charged with refusing to count
certain polls. VIM. Noise, their counsel,
then came forward and read the following
affidavit:
United States of America, District of
| South Carolina.-The United States VS..
D. James Vim and Henry McLaurin; the
same VS.. Henry j. McLaurin. And now on
| this day come into court the defendants,
and say that they are charged with having
failed and refused to count and send up to
| the board of State canvassers the votes cast
| at Sumter precincs No. l, Carter's Crossing
and Mapping Creek, all in the county
OF Sumter. for the election of 1880.
| They admit the truth of the charge and in
they were there for the first time acting as
commissioners and afterwards as can
| vassers of the election of 1880. in
the county Of Sumter; that certain ques-
| tions were made before them as
| to the legality as to the election boxes
In said election; that they did not know
what to do, having received no instructions
on that matter, and not being lawyers or
conv versant with the law of elections; that
they called in three lawyers of good stand.
| ing to advise; that they took and followed
the advice given them, as they would have
done in their private affairs, and
by such advice failed and refused
to send up or count the votes IN
such boxes. They solemnly swear that
they did not do this corruptly or with the
intent to change the result of the election.
| They did what, with the lights before them,
they believed to be their duty; that now
| they are informed that in calling for and
following such advice they violated the
law; and are told that they were merely
ministerial officers, without any dis
| cretiOnary or judicial powers. Ii this be
the correct version of the law, the defend
dants have upknowingly and uninteuionally
violated 1t. They regret that thev should
have even unwittingly done so. Wherefore
respondents pray that they may hence be
discharged.
Signed ID. JAMES WINN.
L.
District Attorney Melton then said: 81
propose, by understanding with codnsel on
the other side, 20 discontinue counts ore
and six of the indictments, as well as the
same counts in the information against
these parties. In accordance with arrange
men's, l therefore move to discontinue the
case against Fl. j. McLaurin alone, and
nolIe pros counts one, five and six of the
Indictment against both Of the parties,
these being the counts charging conspiracy
Counts two, three and four are admitted
by defendants to be true, and upon those
counts they enter their formal plea Of
gully. In the cases now disposed OF |
be- came persuaded that the defendants bad
given themselves the advice of counsel,
learned in the law, and having the conf
dence Of the public-gentlemen on whose
Judgment they might relY-aud that they
followed that advice, honestly believing T.
to be right. l am persuaded that the sffi
davlt that they make trutbfuly represents
their ease, and that their offense is purely
of technical character. They have come
forward with the utmost frankness and
admit what they state, why they did It and
propose to submit themselves to the court.
The Government of the United States is not
seeking to enforce punishment-lt is seek
ing TO achieve the great purpose of vindi
eating the integrity of the ballot box. l
therefore move that the case be transferred
the judgment of court be suspended indef
nitely, and have made an agreement under
sanction of my Office that | shall move that
the case is not TO be called up for judgment
unless hereafter these people shall be con-
vieted in this court of crimes against the
election laws"
Judge Bond then said: "The court takes
pleasure In saying that this is the proper
termination Of this case. hope that every
citizen in the United States knows that the
United States Government has no malice
against its citizens, and that the sole object
OF the government is to vindicate the purity
Of the ballot box. l have been looking
at the statute to see whether there could
not be some nominal fine imposed, but
find that the costs will be too much. The
court will accept your suggestion, and If it
is necessary the court will take pleasure In
signing an application to the executive
for pardon altogether"
Judge Bryan said SIT is customary un-
der such circumstances to suspend judg-
ment in order that Executive clemency may
be invoked"
Judge Bond-There can be no Judgment
in this case unless the District Attorney
calls for Judgment, which he is not going
to do.
Mr.. Melton said: 'The statement which
l have made will, Of course, govern my
successors in Office. Under the circum-
ings against the managers at Mapping Creek
and Carter's Crossing precinct, in Sumter
county, and the witnesses In the Sumter
cases are discharged"
The court then took up the case against
j. P. Bates, charged with voting more than
once IN Barnwell county. Five negro wit
nesses for the government swore positively
that the defendant had voted at Mullet, had
then taken the train for Baldock, voted
there, and then had gone to Allendale and
voted there, and returned to Baldock and
voted there again. The witnesses swore
they had known defendant for years, and
followed him from poll to poll to see If he
The defense proved by fifteen respectable
citizens that the defendant acted as Chair
man of the board of managers at Mullet
and had remained there all day. The
proof for defense was Overwhelming, and
upon the suggestion of Judge Bond the
case was submitted to the jury without
argument, and the jury, consisting of eleven
white men and one negro, rendered a YER
dict of not guilty.
The jury charged with the case against
the Mayesville managers is still out.
The grand jury returned no bill on the In
dictment against NJ P. Howell, Henry P.
Howett and Abraham P. Holmes, commits,
sioners of elections for Colleton county,
charging them with conspiracy to affect the
result of the election OF 1880 In that county
by neglecting and refusing to provide for