The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1899-05-03
TOLBERT'S FAILURE.

lULD Eft y AlLOleGs
The Men Whom he Charged With
Some kind of Interference With
his Right to Conduct Elections
were Promptly Acquitted.
Greenville News April 2Sth.
The case against NJ. l.. b. Sturkey. ner-
chant, John Dunlap, Wade Cothran. Thomas
Bentley, Henry Martin, L.. Tucker J. q.
Stillweli. ]. ?. Jennings and j. J.. Reynolds,
prominent citizens of Mccormick, Abbeville
county, indicted for conspiring against Jas.
W. Tolbert, was begun in the United states
court here yesterday, Judge Brawley presio'
wood county, which adjoins Abbeville. last
election day in which Bose Ethridge a
white democrat, was killed and several other
white democrats were wounded ana a num- m
ber of Negroes were killed and which resul ulted
in practically the whole of the Tolbert family
being banished after several OF its members
had been severely hurt. The trouble arose
primarily from the candidacy Of 4; 4. (or
'tRed") Tolbert for congress In the Ihlrd con-
gress district OF this State as republican,
James w. Tolbert was assistant postmaster az
Mccormick. The defendants are accused OF
conspiring to prevent Ioioert from perform.
ing the duties of his office and exercising nls
rights as a citizen.
but was postponed. on motion Of the district
attorney, until o'clock yesterday afternoon.
II was again called up at that hour, after the
District Attorney Lathrop said he had made
every effort 10 find his witnesses and gather
an idea of what their testimony would oe:
He had some OF them in the. court room out
was unable to learn how much OF their testl-
mony would be material.
Judge Brawley said be did not see that he
could properly force the government to trial
Mr.. 1ohnstone said 1t was very fmportani
that he should be at Saluda on Monday ana
that 1t would cause him very serious incon'
venience to again postpone the case the de,
fsndauts and their attorneys and witnesses
mad been here since Monday. II the district
attorney had been unable 10 get bis witnesses
would ever get them there. The chances
were that be would not. The evidence given
for the first time on the stand would oe Inc
best possible and conspicuously fair. .
Judge Brawey said II the government Wit.
nesses were OF that class, he could not see that
anything would be gained by postponement.
He had supposed them 10 ee bn bne
glad TO attend court and be In the dlstrlct
attorneys office, or anywhere else they were
wanted IN tes theg
might give his case away, and probably
would 0aughter.) But he saw no remedy.
He could not compel them to 60 to the dis
Mr.. Johnstone said II Mr.. Lathrop asked
postponement aS personal courtesy 1t
would pc instantly granted. gtsd, .,o,h ,,. hood
emphatically and said he couldn't DO that.
He was present simply as district attorney
and could not ask R persona iaVors: s:a o,d tho
work Of forming jury began: h; 5: vanal, I,a al
yer was the first man. Mr.. Johnstone asked
If there was any age limit and when told that
II was 65 years submitted that Mr.. Vandtver
was evidently one hundred and ten. Mr.
Vandiver confessed to seventy-seven and was
excused. The judge said when Jurors were
evidently under sixty-five 1t was not neces-
sary to ask them about their ages and then
turned around and asked Peter A. M9David
how old he was. Mr.. McDavid looked
and said he was ffty.seven. He was accepted.
The government challenged George Young.
blood and p sae end abe the
being made alternately.
There was wrangle over the case OF A. M.
Folger, of Easley, Pickens county. Mr.:
Johnstone challenged him for the defence apd
counted against him as II was for cause, Mr.
Folger being postmaster.
The district attorney said postmaeters are
exem pt from jury service but are quallned.
1t was by this time o'clock a. \ the jury
had not been organized after an hour OF work.
The Judge ruled that the challenge was for
cause. Alexander Robinson. black man,
was hardly in his seat before MIR: Johnstone
suggested that the government join him 10
excnsins the juror. Mr.. Lathrop declined
and the defence challenged the juror.
The government accepted and the defence
challenged NJ. K. Robertson, who Is well
known republican.
The Jury stood up to be sworn at 415 but the
defence raised the question that the offense Of
which the defendants are accused is felony.
After hearing argument by council Jodge
Brswley ruled that any ofense punishable by
He therefore, ruled with the defence and
allowed the ten regular challenges.
The defence used the first Of the addit1onal
challenges thus allowed IL on B. F. Leslie, the
next on c. 3. Lanneau and the next on q. b.
Taylor. The jury as finally. organized and
sworn at 4SO was composed of w: w. Hughes.
foreman /; J. A. Stewart, George Howerton. P.
A. McDavid. Luther Hawkins, Z. j. Curetou.
F. M. Nesbit. Robert Dunn, w. 81. Davis.
James Mcpherson. William Biob and Sam
Ali the Jurors but three are over fifty years,
all are over forty and six of them are Green
vile men.
The witnesses on both sides were excluded
Assistant District Attorney Cochran sub
mitted brief outline OF the six counts of the
ana esed r. io1ea iba .sa;,monv q,
this witness on the ground that he had not
been excluded from the court room with other
witnesses. Overruled.
Attorney Lathrop. 1t proceeded with pre-.
liminary questions about name. age. etc.,
until 1t led to the question: "Are you q
registered voter Of that distrct?'
Mr.. Johnstone objected on the ground
that the best evidence OF registration OF the
witness was the registration book. He argued
that the back bone OF the governments case
vent J. w. Tolbert from helping TO elect 4. X.
Tolbert to congress. If r. r. Tolbert was not
qualified elector he was not eligible to con.
gress and nobody could be punished for doing
anything TO prevent his election. The ques
tion involved fundamental, not collateral
issue.
Mr. Lathrop argued that the constitution OF
the United States and congress determined
the qualifications Of members. He made
some fun OF Mr.. Johnstone, who had suggest
ed that conspiracy to prevent womanfrom
being elected TO congress would not be punish.
ed by asking If be conld be required to prove
that this witness-who has u beard like q
barbed wire fence-is not woman.
Proceed" the judge ordered briefly, after
hearing this discussion with bored counten'
ance.
The witness produced a registration certif.
cate 10 prove that he was q qualified elector,
and IL was put in evidence.
The witness said he was a candidate for con-
gress In the third district OF this State. lS9S.
He bad prepared number OF printed forums
ofaffidavits TO be signed by persons who had
attempted to register or vote and been denied.
Had engaged ]. w. Tolbert TO witness the
signing OF these ahdaVits at MCCORMICK pre-
cinct.
The defence objected to nearly every ques.
tion on this line as Irrelevant and was steadi-
ly overrued.
The cross. examination by Mr. tombstone
was brief but family humorous. On redirect
examination the witness said the ahdavits
were one O: the methods by which he hoped
to get to congress. He offered specimens OF
the printed blanks in evidence.
J. w. Tolbert was called to the stand. Mr..
Evans asked that r. r. Tobert be excluded
from the court room as he might be recalled.
The judge said IT was better TO keep witnesses