The Union times. [volume] (Union, S.C.) 1894-1918, 1905-09-08
CASE HEARD ON MONDAY.
House Crowded With Eager, Enthusiastic Citizens.
Lawyers Make Good Arguments.
New Motion Made

Howell and J. r. Askew, county
dispensers, with the names of T. j.
Betenbaugh, Joseph Sanders and f.
Z. Howe as new defendants made
parties by petition, the return to rule
issued by his Honor Judge d. A.
Townsend, to show cause before
him Monday, Sept. 4th, 1905, was
heard at II O'Clock on that day.
w. Boyd Evans and Lawson D..
Melton attorneys for the plaintiffs,
j. G. Hughes attorney for the
county board of control and the
county dispensers, defendants. At
torneys Stanyarne Wilson, B. F.
Townsend and J. A. Sawyer repre-
sented the co-dcfendants Beten-
baugh, Sanders and Howe.
The reading of the complaint was
dispensed with as the Judge and
the parties before the court were fa-
miliar with the allegations and re-
lief sought. Mr.. B. F. Townsend
then arose to read the return of the
co-defcndants who had subsequent
to the filing of the original COM
plaint been made parties defend
ant by petition. Mr.. Melton OBJ
jccted upon the ground that the
plaintiff had no notice of the pro-
cecding which made them parties
or OF their return. Mr.. Wilson re-
piled that the law did not require
these defendants to serve any such
notice upon the plaintiff in a case
OF this kind. Mr.. Melton withdrew
his objection and Mr.. Townsend
then proceeded to read the petition
OF Betenbaugh, Sanders and Howe
praying to be made parties, also the
order granting the prayer. He
then read the return of these de-
PENDANTS to the rule to show cause,
which return contained substantial
~ +l-~ ---.l~ fe,Vto ,.,,u oiiiSaUIUnS con-
tained in the petition, upon which
they had been made parties. This
return was supported by atfidavits
in proof of the fact that one-fourth
of the qualified voters of the county
as appeared upon the registration
books had signed the petition pre-
sented to the county supervisor ask
ing for an election upon the ques-
ton of dispensary or no dispensary,
also atlidavits of prominent citizens
of each township verifying the cor
rectness of the corrected registration
lists. This was necessary owing to
the fact that the registration books
contained names of many who had
died and of those who had long
since ceased to be residents of Union
county, and another fact made it
necessary that those lists be gone
over by men who knew the men of
each township and of their resi-
dents, was that some names ap-
peared upon the petition handed to
the supervisor different from the
way they appeared upon the regis
tration books. For instance Joe
Smith was on petition and J. NJ.
Smith on the registration books, al
though one and the same man. Mr..
J. F. CaudIe, Revs. J. K. Hair, ID.
M. Mcleod, l.. NJ. Rice, F. H.
Poston all joined in an affidavit as
to the correctness of the Union town.
ship list of qualified registered vot-
crs and of the fact that the said pc
tition contained more than one
fourth of the qualified voters of the
county according to the registration
books. That the registration books
only contained 1910 names, a fourth
of this number is AGO, the petition
had after crossing out such names
as they did not find upon the cor.
rected registration lists 494 names
of qualified voters, thus giving al
excess over onc-fourth of thirty -foul
names. This was a strong point il
denial and rebuttal of the allcga
ton in the complaint that ther,
was not upon said petition one
fourth of the names Of the atiaiiiict
voters of the county. Affidavits il
rebuttal and denial of those affidavit
attached to the complaint with refer
ence to certain names being on TIN
petition without authority. That O
A. B. Burgess, the affidavits of Jane
G. Long, Arthur Long, Samuel Black
Samuel Gregory, j. G.. Gallman al
say that they were present in tn
store of j. G.. Long and heard A
b. Burgess tell j. G.. Long to sigl
his CA. B. Burgess) name to TIN
petition, that A, B. Burgess saw ]
&. Long when he signed his nam
to the petition, yet A. b. Burgess
made affidavit that he had no
signed said petition and had no
authorized any one to do 80 for him
L Il 4