The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-29

them Mr.. Nick DeBoy, a challenger
at the primary had told him that the
! fourth ward was his voting place. 1t
| was held by counsel for Goodwin that
as Britt would be out of the fourth
ward for four months preceding the
election on May l he is ineligible.
Mr.. w. H. Austin being called by
! the contestant testified that he had
been out of the fourth ward over five
months but had voted for neither
! Goodwin or Upchurch, but only for
| Johnson and Badger. The ballot box
| was opened and a ticket marked as
| he said was found. He said that if he
voted at all would vote for Upchurch,
! but voted for neither. w. f. Austin
| being called testified that w. III. Aus
| tin said he would vote for Upchurch
and that he. w. e. Austin, worked in
| campaign for Goodwin.
Lonnie Johnson, witness for Good
win, testified that he voted for Up
! church. He said that on the first of
January he lived i'm Henderson and
had lived there since August. Had
| listed his taxes in June in Newlight
| township. Did not vote in general
| election in Vance, and came back to
| fourth ward first of March He I'M
derstood he could vote in first prl-
mary, but did not in second. His
mother had lived in the fourth ward
and her homo was his home. When
he returned she was living with and
working for Mr. Bond in the third
ward. and had moved back to the
fourth i'm March. He had at one time
been separated from his wife but now
lived with her and while separated
lived his mother. He always consid-
cred Raleigh his home.
Henry Johnson, brother to Lonnie,
said he voted for Upchurch and told
| of various places where he had lived
out of the ward, being in the third
! ward on the first of January, where
| his mother was nursing Mrs Bond.
! Before January / had lived in the
/ fourth ward, but moved out in Mo-
| vember. Listed taxes in Greensboro
| i'm June, came back to Raleigh III
| September. His wife was with him i'll
/ Greensboro, but left there before tax
| paying time. His mothers home had
been his homo and she had lived for
years in the fourth ward. Since Sep
tember had separated from his wife
and lived with mother and had gone
! back to fourth ward in March. When
! she left fourth ward to go to third
| she left only a few pictures in the
fourth. The drift of the questions of
| the counsel for Mr.. Upchurch as to
i the Johnsons' was to show that they
! lived with their mother in the fourth
ward, that she had only left 1T tenn
porarily as a nurse and had returned.
Counsel for Mr.. Goodwin tried to inn
press the idea that the mothers move
was a genuine one, that she gave UP
| her house, rented one in the third
| ward and when she went back to the
fourth went into a different house.
The case for Goodwin was here
| rested. For Upchurch the ballot
claimed to be the ballot OF Austin
was put in evidence as also a ballot
on which cross marks had been made
| for two men for tax collector. 1t was
asked that this ballot, voted for Good
, win, be thrown out.
Calvin Perry was introduced as a
| witness for Upchurch lie stated that
he had voted for Goodwin but that
he had lived out of the State for
about four years. 1t was stated that
His ineligibility would not be con
| tested. Had declined to say he would
| vote for Upchurch and had intimateC
| to Goodwin that he would vote fol
him.
David Nelson was called, and the
line of investigation was to prove thai
Nelson had negro blood in him and
was not entitled to vote. He declared
he is not a negro, is a member OF
! Presbyterian church, his children &C
to the white schools, and the Presby-
terrain Sunday school, and he regis
tered as white man and went with
white people. Being later recalled he
admitted that he had been told thai
his father was a half Indian, that he
had been born in South Carolina, tina
his father was a Confederate soldier
and was killed in battle. He had beer
visited by Sherwood Upchurch, Hay
wood Branch and others and consid
cred himself white. Upchurch haC
asked Cor his vote.
David Fam was put on the stanC
and testified that he believed Nelson
to be of negro blood, that in 1884 il
| Marlboro county, S. c., he had known
him as a bound boy to a white planter
and he worked with negroes. He sale
also that Nelson had clerked for {
negro, Henry Brown, in the fourth
ward. Being examined by MI
Pou the witness said he had votet
for Roosevelt and the State Republi
can ticket. Being asked why n
created laughter by saying that h
hated Cleveland who had caused hin
to walk the roads and beg his bread
He had voted for Upchurch. Mr.. POI
commented on the weak stomach o
Fam who could vote for Roosevelt
who ate with a negro and yet criti
I cized Nelson who worked in the fielt
with negroes. saying that he had dom
SO In the field thousand times. MI
Fam explained at length his reason
for not liking Mr.. Goodwin, this hav
4 ing to do with Mr.. Goodwin having
petition signed to close up some canal
Henry Brown. the negro, testified
| he had hired Nelson for two weeks be
cause his colored clerks had beer
hitting me" an expression which h
/ said meant stealing from him. Be
| ing pressed he said he believed Nelson
was of negro blood. Being cross lex
| accused of stealing a hog in Johnston