The news and herald. (Winnsboro, S.C.) 1877-1900, 1883-03-27

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together with intent to violate any Of the
laws Of the United States. The parties
are charged under this section With com
oining and conspirlng to defeat the object
OF Section 6;511: In proving conspiracies
the law does not require that the secret
meeting Which is supposed to have occurred
shall be proven, but allows IT to be judged
by the overt acts of the parties so charged
and by tho combination together of parties
doing these acts.
No direct proof Of any imiesting of these
parties is shown to liave taken place before
they met at tho polls, 50 that direct proof
of the cohspiracy charged Is not before the
Court. But certain overt acts arc proved
to have been committed by certain of the
defendants Now, If these overt acts were
committed by PARTIES named in the war
rant, and in the commission of them they
showed such combination as to satisfy the
Court that they werc acting in combina.
tion, not only must the Goiirt send up the
cases for trial bit All indictmeht by thc
grand jury would lie. 1t would settle the
! fact Of their secret agreement for this pur-
| pose: find by the decisions of the United
States Courts that any prevention of tho
| Tree exercise Of suffrage by q legal voter at
the ppls-no matter if it is ut one moment
that he Is driven away and afterwards
comes and votes-is iii violation of Section
5;5ll. Such an offence is in cvltiGnce,
given by numerous witnesses. Other wit
nesses testified that they were frightened
and intmidated by various means. The
question is, wore any of the defendants
guilty of these acts, and If SO, who?
The Commissioners then called over
the names pf McssFs. j. II. Dawkins,
Amos l.. Davis, Andrew Wallace. and
Nicholas Peay (colored), and stated
as to each that there was no sufficient
evidence to Hold the accused to trial.
, Mr.. Bauskctt then continucd:
Mr.. Thomas McGill, Jr., is proved to
have waved board and ordered the crowd
to stand back. There is no proof that he
struck any one. But 1t was ali overt act,
which would bind Mr.. McGill over if lie
were charged distinctly with violating Sec,
ton 5,5l1 of the Revised Statutes.
Mr.. James Heron was active in pressing
the crowd back; The testimony is that he
waved a knife, pressed voters off the box
IN front of the polls, and holding 4 knife;
| chased man through tile crowd. Any
force under the Statutes would be in
violation of Section 5,511. Now, was there
concert of action between the acts of Mr.
hlcGill and Mr.. Heron? Did there appear
to be a combination between these men?
The only matter before me is whether
there was probable cause to connect the
action between these two men in commit
ting overt acts at the polls. think there
was, from the opening of the polls to
two, p. IN. 49,
AS to Mcssrs. Thomas Aiken, John
W. BylGs and Haync McS1eekin, the
Commissioner held that there was not
sufficient evidence to hold theii! to
answer.
The decision Of the Commissioner
was, therefore, that Mcssrs. Thom-
as MCGill and james Heron be held
to bail in'the sum of $500 each, for
their appearance at tho April term of
the United States Circuit Court, in
Charleston. Tlie bonds were imme-
diately given. Tho other defendants
were discharged.
Colonel Haskell now submitted to
the Commissioner question Of juris-
misunderstanding that the accused
should be recognized to appear at the
Circuit Court for the Western District,
to be held at GrcenviRe. After brief
arSunient by Colonel Haskell end II
short reply from Judge Willard, the
Commissioner held that he must fol-
low established practice and bind the
parties over TO appear in Charleston
1t is expected that this question Of
jurisdiction will be argued before the
Circuit Court, in advance Of the time
of trial.
The cases against the other defend
| ants wcre Scd-Commissioncr
| Bauskctt holding that the aflidavits
were not sufficient to establish any
violation of law. The Warrants dis
| missed were OF the following charac-
ter: That against James Heron was
for assaulting II United States marshal
at Monticello. The only evidence in
support Of this Charge, rs that which
was 5fought cat III The already mem
toned case. The marshal had his
lantern kiUked out of his hand before
the polls opened, and one witness
thought Mr.. Heron was the nearest
democrat to the marshal at the time.
Nobody saw tho Rick. That was ali
the evidence, and Willard gave up the
ignoble case. because he saw that he
could do nothing with it. The other
two cases dismissed were against four
teen Democrats for conspiring to in
terfere with and for Interfering with
deputy marshals ut Monticello in the
discharge Of their duty. The Demo-
Gratis charged under these warrants
embfatou Il htmber of those just eK-
amincd in the Dawkins case and dis
charged in the failure Of proof, to-
gethcr with several others. The evil
dcncc against the accused was totally
Insufficient to sustain any charge.
--We. have only few tons of Acid
Phosphate on hand. We sell the high
est grade Acid in the market. Any