The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-01-18

ct objected to any testimony attacking decs-
ion of County Commissioners, acting within
their Jurisdiction. and that plaintiffs are es-
tS tSPpe%' PGpo%'missoner's Mss Iss conrt.l "pp
MIR. Simkins introduced in evidence the
original petition for election. Showed II to
witness. (objec.ed to by Mr. Benet2 n,,o,
that this Is the original petition.
Mr.. Mr. simfins to MIR. McCord: Is it the orig.
inal petition?
Mr. McCord-It may be copy.
Mnster-Has II the endorsements?
Mr. McCord-It has.
Mr. Simkins shows another paper. Asks
witness: Is that the resolution passed at the
time by the Board?
Mr.. McCord-Yes; see my name on it.
Mr.. Simkns offered the petition and reso-
luton In evidence.
Mr. McCord thinks the election was held
about the first Of January.
MIR. SImkins shows witness protest, who
didn't recollect whether that paper was f led
mt the time or after the election at Ntpety-Six:
Couldn't say whether or not the endorsement
of the County Commissioners as having been
filed was correct, but IL Is in neither of the
County Com mmissioners handwriting. lthink
election declared in January. Don't remem;,
Der the date Of the issue of the bonds. Issued
subsequent to election. signed bonds In
Clerks Office. Not now familiar Win con-
tents OF those bonds. Think they refer TO the
Mr.. simkins-We wish to introduce one Of
these bonds.
Mr. Benet-Have you got 1t here to intro
duce?
Mr.. Simkins-No; but we say that these
bonds were Illegally issued.
Mr.. Benet-What particular allegation do
Mr.. .Simkins-The same as is alleged In the
MasterNWe can offer the bonds In evidence.
Mr.. Benet can object. We do not propose 70
Mr. Benet to Mr. Simkins-Point that out In
Mr.. Simkins refers to complaint, (Which is
4 document of about thirty pages)
Mr. Brnet objected to any testimony going
into legality or ,illegality of the election, un'
less there alleged.
Mr.. Slmkins-My purpose for Introducing
the bonds is not to show legality. Legality OF
the bonds is not In this question. The sole
question is as 10 the legality of the taxes.
want to introduce the bonds.
Mr.. Benet consents.
Mr.. McCord, cross-examined by Mr.. Benet-
Identified the petition; the names written IN
pencil, attached by pin TO the petition, ana
all in the same handwriting; alphaoetlcally
arranged. on sheets of small note paper.
Doesn't know handwriting. Doesn't know
whether list of petitioners or taxpayers;
Mr. Benet-The point is, that the list OF
names on the separate piece attached IS not
w Witness McCord-We, the County Commits
sioners, thought we found sufficient number
OF names to the petltion, to authorize Mn nn
lection was made until after the election. We
published advertisement of election forty
days in the Press and Bonner and the Messen-
Heard obeGt9n after elect'oh c IN, because Ssase
us. Didn't have any list at all; Cannot say
whether this petition contained majority OF
the freeholders OF Ninety Six township. De-
enough names, and this is all we went on.
We had nothing else before us.
d. L. Mabry. sworn Was Clerk OF County
hut was absent when the petition was pre-
sented and know nothing about the petition
being presented. Came back the day the
election was declared. My recollection Is, /!
certain The protest against the election was
among the papers when they calle for GER
titled copy. Supposed, finding them together,
that the names on the detached sheet was part
namesin same handwriting, Didn't notice
that the names were alphabetically arranged.
Capt. ]. T. Parks, sworn. FOR plalntlns.
epsd Mas IN @ cave s Of IRE real e estate
to parties applying, reading Off the book,
and they taking down the names. After
wards parties; wanted inesi, eertined COPY rgo
estate owners in Ninety-Six Township. This
list OF two hundred and twenty-si1 names
represented the real estate owners prior 10
qualified voters-I know the number gen.
orally is good many less than the real estate
Mr.. N. H. Coleman. sworn for plaintiffs -.
Is one of the plaintiffs in this action; testi-
fled as to the citizenship Of various persons
In Ninety.Slx township; [name on pencil
sheet i never signed the petition; never saw
it.; never authorized any one 10 sign III IL ,ha ioe
townshlp tow 81 III ffor it instanceS George H. Taylor,
n D. WaEne TT Wes Msw9e1Rsy r eqnnty r.
Major, w. b. Milwee OF Greenwood, W. B:
Blyth OF New Market, H. w. Ellenburger OF
Anderton Coanty:
the petition; never saw 1t; never authorized
any one to sign 1t; owned land for twelve
Dr. w. L. Anderson-Lewis Moore present
cd petition to him: refused to sign name
appears on "pencil sheet"
B. ]. McKellar-I delivered the paper the
isnsa Parsar sesfa eeaon
Gillian, ihe day after the election, Don't re-
collect what day the election took place:
II. NJ. Spikes-One OF plaintiffs didn't sign
i. W. Cresswell-Dldn't sign the paper :;
didn't authorize any one to sign my name 10
It; lived We II In Florida at that time. Name on
II. G. Cresswell-Didn't sign the petition
didn't authorize any one to sign It FOR MIN !
never saw 1t Name on penSIl na ssTa1s sneet abou.
sixty years; inherited it; been there ever
since I was born; didn't sign the paper
nor authorize any one 10 sign 1t. l can say,
no: let me see my name on that paper; will
some one lend me pair Of "spec's7'" The
witness then turned to Mr.. Benet, and SAID !:
81 am ready to answer any questions; nave
you got any questions for me?' Mr.. Benet-
"No, sir"
j. r. Tarrant-Been citizen Of Greenwood
thirty eight years; owned real estate IN Nine.
ty-Six since 1885, was at Ninety'Si1 day OF
election; would not allow me to vote because
| was not citizen Of the township.
&c. Ioung-Citizen Of Ninety-Six; owned
real estate since 1856.
&. w. Rampay-Citizen OF Ninety!Slx
owns real estate; neversigned petition don I
know anything about It, Name appeared on
''pencil sheet" Signed protest. ,,,,
A. A. Blyth-Namc aprenrs OH pencii
sheet :" never sig ned, nor authorized any one
to sign it. Owned land in the township for
thirty years.
S. ". Tharp-Owned land ten or twelve
years {: one OF plaintiffs In this action; PAID
tax under protest.