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VOL. XII. MANNING, S. C., WEDNESDAY, SEPTEMBER 23, 189.N
THE STATE DISPENSA RY.
-HE RECENT SCANDAL INVES IIGA F
ED BYT i-ESTATE BOARD.
Governor Evans, Commissioner Mixson
and Others Testify-No New Facts
Brought Out-Interestlug- Reading-No
Action Taken by the Board.
COLUMBIA, Sept. 17.-The State
Board of. Control was engaged all day
yesterday investigating the dispensary
mcandal. The examination began in
the office of the board at 9:30 and with
two hours intermission was kept up
continuously untilS p. m. All mem
bers were present as well as all of the
legislative committee. The witnesses
examined were Governor Evans, Mr.
S. W. Scruggs, Colonel Mixson, J. W.
and W. T. Mixson and Col. D. H.
Chairman Jones called the b3ard to
order, whereupon Attorney General
Barber, addressing the boaru, said that
he was present ia obedience to the Yes
olution of the board and was ready to
perform any duty tie board might
call upon mm to perform as he was
legally their counsel. Chairman Jones
stated that the board wisned him to
examine the witnesses and suggested
that in order thathe might be familiar
with the purpose of the meeting that
the pubhsned cards of *overnor E vans
and Colonel Mixson be'read.
Mr. Barber thought that unnecessa
ry, but asked that ne stenographer be
sworn, remarang at the same time
that the board =aa no authority to ad
ninister on oath. Chairman Jones
being a notarypubhe admimitered the
oath and the Doard was reaay for busi
Mr. Barber: What witness do you
want to examine? Governor Evans,
Colonel Tompkinsana Colonel Mixson
Governor Evans: Wouldn't it be
well for the board to indicate the
scope of its examination and deter
mine what-it intends to do?
Chairman Jones: It is our intention
togo as far as possible. We agreed last
night that it was beyond our power
to investigate beyond our employes.
Mr. Williams said that was tne de
timn. The board would have no right
or power to go outside.
Mr. Barber said undoubtedly the
board would not have that right.
Mr. Abney arose and stated that he
had been requested by Mr. Mixson to
appearin his behalf. In doing so he
baueved'he was not tagr;nm the
- proprieties when he callea to the at
entin of the board the word "thor
ougnem their resolution. There is no
lmiration to it, He understood that
hke Doard came into office on April 1.
If yowarem tamccneJyorsekfro
anioerthat utme it could be understood.
ntUZ thescope of the examiniation as
inimated is not in keeping with the
Chairman Jones stated that what
prompted him-to call the board togeth
er wasathe open letters of Governor
and ommissione Mixson. He
-uioughtz ii necesary that the matr
be looked into aften that. If they had
. not appeared he would have seen no
cause ior calling the board together.
Tnam's why they are here to consider
natters charged in those letters.
Mr. Douthit. We are to consider
theme and any others that may come
ont of them,
Mr.icholson: In other words we
want a searching investigation of all
mattme pertaining tothe management
of the dispensary.
Mr. Williams: Our understanding
was that these charges are to be inves
tigated. If anything further comes
up, we will investigate that unless
some objeotion is made.
The 30opeof theexamination having
thus been definitey determined, the
lawyers had' a little consultation and
after awhile Attorney General Barber
ad that the Governor be sworn,
which Chairman Jones proceeded to
do. General Barber then asked him
to state what he knew.
Governor Evans tesuifiect: I don't
kow anythihng further than what is
contained in my letter. Most of the
evidence I have is hearsay. The only
thing in the 'way of positive evidence
are Missoni's statements and his boy's
confession, which are in my letter,
which, I believe, have not been con
troverted so far as the material part is
concerned. The only thing I have to
state ist what is in my letter.
Mr. Nicholson: In order to refresh
the mindsof the board would it not be
better to read the letter?
There was no second and Governow
* I~vans continued: I'll just state that
the facts stated in that letter were
brought to me by circumstances and
by statemwnts of the clerkof the board
dadndm to.believe that the Comn
-.rissioner or .parties connected with
him were getting money from whiskey
At this point General Barber inter
rupted and said that Mr. Abney had
been cnsnlting him about cross-ex
amination of witnesses and he sug
gested that the board grant Mr. Abney
that privilege, which was cheerltally
Governor Evans resuming: These
reports went on from time to time and
in conversation with Mr. Scruggs he
said he could get the evidence for me
if heleft the State. I told him he had
my permission to leave and he said he
wanted to go to Cincinnati. He did so
and returned with evidence against
Mirson's son. Then Tompkins and
Mixnon called at the Mansion and it
was agreed that they should get a con
fession from the boy. The next morn
ing Tompkins came to my office and
wrote on a slip of paper, which he
handed me saying the boy had confes
sed. Later in the day Mixson brought
me the letter of confession, but pro
tested that he had no knowledge of
the transaction and stated that his son
had been overreached by the whiskey
men. I suggested tnat tie see the boy
and not let him leave the city as had
threatened to do. The matter went on
this way and it was suggested that
Mixson resign. On the advice of his
friends he refused to do so. There
was no way to remove him except for
cause and 1 had no direct evidence
againstihim. AlIknewhis boy ha
been overreached. Tompkins and my
self discussed his resignation and we
kne w we were powerless and dropped
the matter. I never received any evi
dence that Mixson got rebates. The
rest was suspicion, .uch as a letter
from Francis Sitelly in reference to
rebates and another from Peebles, in
'which he statea that the price of wnis
-key must be raised oc- somebody'
commission would stop. These were
shown me by Scruggs.
Mr. Seruggs: No tha!. was a conver
stttiou I reported to you as havinug had
with White (Peebles' representative.)
There was no letter.
Attorney General Barber: Do you
know positively that Colonel Mixson
or any other one connected with the
dispensary received rebates?
Governor Evans: All I know is
heresay. I had no direct evidence. If
I had I would have acted at once.
Mr. Scruggs: You didn't have sutti
cient evidence; that was your final
Governor Evans: Scruggs is more
familiar with it than I am.
Mr. Aoney: In, reference to the let
ter shown you by Scruggs, when was
Governor Evans: It was previous t-.
his going to Cincinnati--about a
Mr. Scruggs: It was in the fall, be
Mr. Abney: What has become of
the Skelly letter?
Governor Evans: Scruggs has it on
file, I suppose.
Mr. Aoney: Let's have it and let the
board draw its own conclusion.
Mr. Scruggs promised to hunt up
the letter and Governor Evans con
tinued: Something was said about
Peebles raising the price cf his liquor
a little. I told Mixson about it and he
said he wouldn't let them raise on him.
It was then that Peebles said White's
commissions must stop.
Mr. Abney: Was Scrugg's evidence
Governor Evans: I never saw it.
Tompkins and Mixson reported it to
me and after Mixson's son confessed.
I never asked for it.
Mr. Abney: Didn't you find from
your investigation that there was
notthing against Mixson-that he was
Governor Evans: Well, everybody
had suspicion. Mixson' had received
overtures from wtuskey men, among
them White, about which he told me.
I told him he ought to have kicked
White out. Later during the Consti
tutional Convention he sent me a note
asking for a card of admission to the
floor ior White. I told him aftewards
that he ought not to be asking favors
for White in view of what had occur
Mr. Abney: Having gotten all the
inforpation you could and finding no
cause for punishing Mixson you pass
ed the matter o-(er?
Governor Evans: Oh, yes, I told
Mixson I had no desire to punish an
innocen. man and if be could convince
me that he knew nothing of his son's
transactions I would do nothing.
Mr. Abney: Didn't you afterwards
send in Mixson's nomination to the
Senate and tie was confirmed?
Governor Evans: On, yes, it was a
miatter of form. I had nothing direct
against him. The Legislature was in
ouL In view of them I determined to
recommend a law so as to. put these
rhngs at rest and take away the pur
chasing power from the Commission
Mr. Abney: Subsequent to this you
heard no charges?
Governor Evans: Charges were
made every day. I told my inform
ants to give me no facts unless they
could produce the evidence. I have
been trying to get the evidence, but
haven't been able to substantiate them.
I have never made any charges but
have only acted in my capacity as
Mr. Abney: In your lett er you state
that Mixson received a desk, Is that
not being used now?
Governor Evans: I don't know.
Owner reports were made and I told
Mr. Abney: I only want to show
that you have not been derelict in your
duty and had no cause to remove him.
Governor Evans: Well, there have
been many reports, but no one ever
brought me positive proof.
Attorney General Barber-Any
thing else, Governor.
Governor Evans: All I know is
about employees which I have stated.
If anything else is brought out I will
have sometning to say.
BY THE MEMBERS.
Mr. Williams: You speak in your
letter about "Mixson" dealing with
whiskey men. What ,Mixson?
Governor Evans: Commissioner
Mr. Williams: You say Scruggs pro
ceeded and got evidence against "Mix
son." Was that the Commissioner?
Governor Evans: No, the boys.
Mr. Williams: You also say that all
could see the reason of the opposition
to you. What did you mean by that?
Governor Evans: Well, Mixson
feu out with me because I was trying
to secure the evidence. He was mad
because of the fact that Scruggs went
out of the State without his knowledge.
Scruggs was appointed by him.
Mr. Scruggs: Yes, but you know
you said 1 was to be your personal
representative and see that things were
G*enerai Barber: There was never
any report of this matter made to the
Attorney General's office?
Governor Evans: No, because I
didn't have the evidence and the State
had nothing to do with the Mixson
Mr. Willhams: You speak in your
letter about "these men." To whom
do you refer?
Governor Evans: Well, Scruggs
said Tompkins was as deep in it as
Mr. Williams: You have never
seen his evidence?
Governor Evans: No.
Mr. Barber: What positive evi
dence have you against Col. Tomp
Governor Evans: None, except
Scruggs' statement, and the intimacy
that existed between him and Mixson.
Tompkins got mad about the bill I re
commended, saying it would be a re
flection on him, but I have no evidence
Mr. Scruggs: Please state exactly
what I said.
Governor Evans: I don't remember
Mr. Scruggs: You remember 1 said
Colonel Tompkins was as deep in it as
ALL ABOUT HUBBELL.
In reply to a question by Mr. Wes
ton the following information about
Hubbell was given:
in regard to this matter of purchase
Huobell1said he couldn't do business
with the Dispensary because Mixson
was being paid commissions by other
whiskey houses. Hie stated to me
what you have already seen in print.
I told him if he could show me that
his prices were less than those being
I made Scruggs make out a price list
and sent it to Hubbell, who sent his
prices in return. Then it was that
Mixson said Hubbell had offered him
a bribe. I never asked Mixson to pur
chase from him after that. Then the
correspondence between the two ap
peaaed in the papers. Hubbell again
told me that Mixson was getting com
missions, and I told him to go and
state hi-Q case to the board, which he
Mr. Williams: You never saw
those telegrams and letters until they
Governor Evans: No, but Hubbell
told me something about the R. M.
Mr. Williams: He never told you
over a year ago that all the evidence
had been submitted to Senator Till
Governor Evans: He never said
anything about it tome. Tillman nev
er told me. We did speak to your
board about it, and Tillman wrote you
a letter, saying it would be an act of
gratitude to buy from Hubbell in view
of what the Mill Creek Cnmpany had
done to help the Dispensary at the
Mr. Williams: You never knew
anything about R. M. Mixson's letter
of introduction to Hubbell?
Governor Evans: No, not until it
was published. Hubbell told me he
was satisfied something was wrong,
and said he had seen R. M. Mixson,
He said, in reply to a question by
Mr. Weston, that Scruggs furnished
him with assurance that he had gotten
testimony some time in February. He
reported after the confession of the boy
and said to me that was the way it was
done and had evidence to the same ef
Mr. Barber: Colonel Tompkins has
been brought in and I suggest that he
Colonel Jones said he certainly
would be given an opportunity and he
asked Mr. Tompkins if he wished to
make a statement, to which he received
a negative answer.
THERE WERE OTHERS.
Governor Evans had completed his
testimony, remarking that all he had
V1Say was in hisletter when Mr. Abney
asked: Were the rumors you speak
of confinid to one man?
Governor Evans: No, there were
several of them. It was rumored that
I was in it. I couldn't act, though
some of the rumors came in such a way
that I had to notice them.
Mr. Nicholson: You say there were
rumors afloat concerning yourself.
Have you in any shape or form ever
received or been offered any rebates?
HE NEVER GOT AMY.
Governor Evans: No, sir. Naobody
has ever offered me any. Mixson had
the exclusive privilege of purchasing,
and I only asked him to buy from
Cranston-to give him a small order.
He was an old friend of ml family
and represented Baker's whiskey, for
which there is a demand. Beyond
that I never had anything to do with
purchases, and drummers rarely came
to me. I have dared any man to even
insinuate that I got one cent. I told
Mixson to divide his orders, else pao
le would say he was getting rebates.
had, I suppose, 100 conversations
with Mixson on the subject, warning
The Governor concluded by saying
that his services were at the disposi
tion of the board, and he would be
glad to answer any questions at any
Mr. Barber said that a great deal of
importance attached to those letters
referred to in the testimony and he
wanted them produced. Mr. Scruggs
said it would take him some time to
hunt them. He was excused from the
search just at that time, as his testi
mony was wanted next.
SCEUGGS's TEs T~IONY.
There has been a feeling pervading
all shades of public opinion that Clerk
Scruggs could a tale unfold that would
harrow up the very souls of the people.
Consequently whenhe was called every
body drew up close so as not to miss a
Mr. Scruggs prefaced his testimony
by saying that he would have to de
pend on his memory and make state
ments from recollection. He had a
treacherous memory on account of the
business he was in-bookkeeping-but
he had hurriedly written out his re
collections of conversations, etc.,
which to the best of his knowledge
and belief were true. He then read
What I shail say relating to the de
tails which led to this investigation by
me of this rebate question must of ne
cessity come from memory and some
things which have happened may have
passed from my mind, but I think all
essentials are still remembered by me.
All the knowledge which I have of
this affair bearing upon my official in
vestigation when fully told cannot do
much more than confirm as a whole
the published letters of Governor
Evans, Commissioner Mixson and W.
T. Mixson, as I remember them. I
have read these letters only once-and
then hurriedly-and for that reason
would not undertake to confirm them
unequivocally, lest possibly some
point of issue contained therein escaped
From my recollection of Governor
Evans's letter, so much thereof as re
lates to my official investigation of
this matter. is in the main correct al
though his statement of the details
leading up to the investigation are not
wholly correct. This I can easily ac
count for from the fact that he is de
pending entirely on his memory for
every detail relating to the earliest
period of this case. It is true, as Gov
ernor Evans states, that I reported to
him that I believed commissions were
being paid to some one; but not as he
states, that I arrived, in a broad sense,
at these susoicious from letters indis
criminately ~opened by me during the
absence of the Commissioner. My re
collection on this point, I think, is dis -
dnct, and I am confident Governor
Evans will bear me out in the follow
ing statement - The only letters which
I have any recollection of ever discuss
ing with Governor Evans which at
the time bore any evidence to my mind
of suspicious circumstances was a letter
from an Eastern whiskey dealer who
was selling his liquors to the Disp en
sary. And this after he had tola me
I was his personal representative, and
that he was depending on me to keep
the aiairs of the Dispensary straight.
This letter, to the best of my recollec
tion, stated that the writer, though he
would be able to get "-you" (meaning
Commissioner Mixsonj some freight
rebates on whiskey stiipments, but
that the Commissioner must keep it
perfectly quiet, and he would send the
rebates in currency by mail or express.
Subsequently the rebattes were sent by
mail in currency and were turned over
to me by the Commissioner, and were
duly deposited in the hi n M to the edit
of the Disoensary fund. as the reczrds
of this olice will show. In a subse
quent convention with Governor
Evans, I told him there was nothing
in the first letter, as the second letter
had brought forth the freight abate
ment and it had been turned into tue
The present board have dealt with
the same firm and have also received
freight rebates from them, as the re
cords show. My purpose in withhold
ing the name of this firm is because
they have requested it, stating, as they
claim, that if the matter was made
public it would destroy their chances
for future rebates.
Now as to the history of this investi
gation, as my memory serves me,
shortly after I tock charge as book
keeper for the Dispensary Governor
Evans told me that he had reason to
believe that Commissioner Mixson
was using his oilice for profit aside
from his salary, or words to that ef
fect, and asked me had I noticed any
thing in his conduct to arouse my sus
picion. I frankly told him I did not,
for it was in the nature of a surprise
to me, as I had never believed that
any corruption had ever existed in
connection with the Dispensary. Al
though I think it was before the Gov
ernor had made this remark to me
Barney Evans had made a similar one
and told me that W. T. Mixson had
gone to Baltimore, and as he believed,
to get rebates srom R-ss & Ca. From
that time on Governor Evans and my
self discussed the matter on divers
occasions. Meanwhile I was on the
lookout for anything that would lead
to a confirmation of these rumors. As
time rolled by, the talk about rebates
grew, and finally Governz)r Evans
said to me that it did seem to him that
if Mixson was getting rebates I, as
bookeeper was in a position to discover
it. I explained to the Governor that
all the rebates which I know of were
the 5 per cent. allowed and denoted
on the invoices and that the books
showed that they had all been duly
credited up to the State, and which
amounted to $21,000 in eleven months.
I also explained that if Mixson was
getting an additional rebate for his
own private gain that it would not
show on the invoices and that, there
fore, there could passibly be no re
cord of it in this office, that ' the
Commissioner was receiving ? -bates
he would not be foolish enough to let
it appear in the invoices.
Some time in the fall of last year,
Mr. White of Cincinnati came aere
and remained for several days. Dur
ing his stay I became satisfied from
the trend of his remarks that he kne w
something more than he would state,
and that he knew or believed that W.
T. Mixson was receiving brokages
chiarges on the sales of whiskey to the
Dispensary by the Live Oac Distilling
Company. During this visit I think he
called on Governor Evans, but ! am
not positive abaut that. Now, for the
first time, I believed that I hAd tangi
ble evidence of wrongdoing and in con
versation with Governor Evans he told
me that I must do my best to detect the
guilty parties; that I was his personal
representative and he look to me to
keep everything straight, and for me
to c(ns'der that I had his authority to
go anywhere at any time in the
prosecution of this investigation. It
was my intention to proceed to Cin
cinnati at once, bat the vast amount of
work which I had done that year in
straightening out the terrible condi
tion in which the books of the State
and county dispensaries had gotten
proved so great a strain on me that I
was laid up with a severe case of sick
ness and was threatened with nervous
prostration. On aceount of my ill
health and the rapidly increasing de
mands on my time in consequence of
the large volume of fall ann winter
business, I was forced to defer my trip
until the follo wing February. Reach
ing Cincinnati I asked the manager
of the Live Oak Distilling Company
why his firm had discharged Mr.
White. He replied that Mr. White
had not been listed as a salaried em
ployee (or employer, I disremember
which) of his firm. That he (White)
had represented to them that he
had great influence with the Dispensa
ry authorities in South Carolina and
could control the trade in the interest
of any house he chose and he had rec
ommended the Live Oak Distilling
Company as a house that sold the best
grade of whiskies for the money of
any house in the West. Upon that
representation they agreed to pay him
a commisin on brokerage of all whis
kies that he would sell and stated to
me that they had done so to the amount
of bet ween $1,800 and $1,900. They
further stated, as a reason for subse
quently declaring their trade "off"
with Mr. White, that they could not
afford to pay a brokerage to both
White ann Mixson; further stating
that it was a strictly business agree
ment which they had with Mr. White
to pay him a brokerage on all the
trade which his efforts or influence
brought to the firm; that subsequently
he was informed taat Mr. White's
in influence had come to an end and
that he entered into the same agree
ment with W. T. Mixson-W. T.
Mixson making the same representa
tions which Mr. White had formerly
made as to his ability to control the
I told the manager that either he
was being imposed upon or else the
purchasing power of the Dispensary
was prostituting his authority and
suggested that he discontinue his
practice. He replied that the Dispen
sary authorities were strangers to
him and that it was only a business
matter with his firm; that the propo
sition had been made to them by
these parties to throw the trade int~o
their hands for a reasonable commis
sion and as a business proposition it
was agreed to, but if questionable he
would stop it.
This is to the best of my recollection
the conversation which took place be
tween the manager of the Live Oak
Company and myself. The result of
my investigation was I discovered that
the sum of $2,669.45 had been collect
ed by W. T. Mixson and $690.50 by
James Misson, aggregating $3,359,
I immediately returned to Colum
bia, arriving here late at night. The
next morning I sent for Secretary of
State Tompkins, who is my neighbor.
and repor-ted to him the facts in the
case a-s a member of the board. I told
him to tell Colonel Mixson to call at
my house. Coul. Mixson camne around
and I told him of my discovery and
told him that the indications were to
my mind that he was a party in it.
This he solemnly swore wvas not the
case. The next morning 1 called on
Governor Evans and made a ver bal re
port to him of my investigation, and
told him I was ready to hand in a
written statement of it whenever he
wishe me to don so. He toldrue mto
keep the matter quiet just then and
that he would see me and talk over
the matter within a few days. Sever
al days after I called again to see the
Governor. He then told me that
ColoAel Tompkins and Commissioner
Mixson haa called to see him on the
night of the morning after my return
from Cincinnati, and that they had
stated that W. T. Mixson had confess
ed everythine and that no case could
be made against Commissioner Mix
son. I remarked to Governor Evans
that I was ready to hiand in my official
report whenever he desired it, and he
replied that he would let me know
when he wanted it; that W. T. Mix
son had confessed and as there was no
way to reach him through the law he
did not then see what good the re
port could do.
It was my intention to proceed to
Baltimore from Cincinnati to investi
gate at that end of the line, but I de
cided to first return to Columbia and
then prcceeded to Baltimore from here
But as the investigation resulted as it
did I dismissed the idea of any further
prosecution of the investigation and
this was the end of the matter so far
as I was concerned.
QUESTIONED BY LAWYERS.
Mr. Barker asked Mr. Scruggs to
turn to that portion of his evidence,
referring to amounts paid to Mixson's
boys and asked where he got his infor
mation, from the books?
Mr. S1ruggs: Yes, but I have no
certified copy. The amounts appear
ed in the the cash book of the com
pany. I made a memorandum of
dates, but haven't them with me. The
books were for 1895 and 1896, the last
payment being made in 1896. I didn't
see any receipts for the amounts.
Manager Yost talked to me and show
ed me the books. He said it was sim
ply a busines3 proposition but if it
was wrong he would stop it.
Mr. Barber asked him about those
letters nreviously referred to.
Mr. Seruggs replied there were only
Governor Evans: I am positive
there is a letter about White's com
mission. I told you to keep it.
Mr. Scruggs: No that was only a
Mr. Barber: What facts led you to
suppose rebates were being gotten in
Mr.Scruggs: Justanalogy. Isup
posed if they were being gotten in
Cincinnati the same thing was going
on in Baltimore.
Mr. Barber: Did you find any
facts that would be conclusive on F. M.
SUSPICIONS AS TO TOMPKINS.-'
Mr. Seruggs: No. That's just the
trouble. I saw nothing to show that
he knew his sons were getting com
missions. I saw nothing against
Colonel Tompkinr. There was only
one suspicious circumstances against
him, which I remarked to Governor
Evans, and that w's his intimacy with
Mixson. I asked him why he stuck
to Mixson and he said he didn't be
lieve he was guilty.
Colonel Tompkins: Well, is there
anything conspicuous about that?
Mr. Saruges: Again Colonel Tomp
kins was at my house and I was copy
ing what was paid to W. T. and James
Mixson. He was looking over my
shoulder. I put down a certain
amont and said that was "for James."
He replied "No, that is for William."
Mr. Tompkins: Why did I say
Mr. Scruggs: I may have gotten it
Mr. Tompkins: It was in a little
memorndumn book. Where is i
Mr. Scruggs: No it was on apiece
of letter paper in the memorandum
Mr. Tompkins: Well, how was it
suspicious as to me any way.
Mr. Scruggs: Because I didn't know
bow you knew what was William's
and what was James's.
' Mr. Tompkins: You said there were
suspjicions as to me. Now what were
Mr. Scrags: I had no proof. I was
suspicious beckuse of your friendliness
Mr. Barber: Have you ever seen
any letters imiplicatink Tompkins?
Any whiskey drummers, say so?
Mr. Scruggs: No; White said he was
guilty and then said he wasn't.
Governor Evans: Didn't Farnham
say Tompkins p'as too smart to be
Mr. Tompkins That's right. You'd
never get me throgh any boys.
Mr. driiges: ~To the best of my re
collection White said he was in it. I
I told Tompkin. 'And theri White de
Mr. Tompkin Yes, I pulled him
out of bed eai in the morning and
he denied it.
In reply to fur' 1er questions by Mr.
Barber Mr. Saru s said: I saw noth
ing in Cincinn ' against Tompkins.
Saw an entry .inst Mixson and no
drummer ever I me anything. By
reason of his rel ion to his t wo sons
I suspected his uilt. I don't know
whether he rec. ived any rebates or
whether any op: er of the dispensary
Governor E v : Did Tompkins vis
it the dispensar equezndy?
Mr. Scruggs: es, he came here
Mr. Tompkins~ DanL yJou kn~ow I
have been here uch since the board
has been in oflie s before?
Mr. Scruggs r :ed that, he did not
know. He was stairs now.
Mr. Nicholson -ed whether he did
not visit the disp sary f requently by
reason of being a ember o i the board.
Mr. Tompkins. didn't come in that
capacity, but s .ply as a friend of
ANUT . M r.J
Mr. Abney as whether prior to
Mixson's incumb cy purchases were
not made from :, Live Oak Co.
Mr. Scruggs re ied that he did not
know, but he tho ht Mixs-m was the
first to buy. C nel Mixson inter
jected that he w e first to buy from
Mr. Williams: 'd Yost assign any
reason why he pa the Mixson boys
Mr. Scruggs: ause he thought
they could contro e trade. He said
the Baltimore fir was C. H. Ross &
In reply to Mr. eston he said no
names were ment' ed in any letters
tnat he opened. A ering a question
from Mr. Birber said none of his
investigation was e reported by him
to the Attorney Ge al. He said that
the Live Oak whis was purchased
unquestionably by demand for it.
All the fine whis are purchased
from Ross & Co., the Live Oak
Co., about tnree fou from Ross.
Mr. Nicholso~a as whether all
purchases made by ti oard were not
made by .-equisitions the Commis
sioner, which was a ered in the
Mr. Scruggs asked G-overnor Evans
could he think of anything which had
been left out and the reply was that
the evidence would be read over care
fully to see.
M R. B. B. EVANS.
General Barber then suggested that
Majur B. B. Evans next be examined.
Governor Evans: He knows nothing
about it. These charges are against
Barney. Ie don't make any charges.
Mr. Tompkins was then asked did he
wish to say anything else and he re
sponded that he did not.
After some consultation Mr. B. B.
Evans was called to the stand. lie tes
tified: Just before Mixson's appoint
ment, he came before me in front of
the Executive office and we walked to
the end of the building. He asked me
to take his son W. T. in business with
me. He said we could run a brokerage
business in whiskey and said; "I'll
buy all the whiskey from you and no
body would know anything about it."
I told him I would think it over. The
next day W. T. Mixson came to me in
the Senate chamber and said his father
had talked to him about the conversa
tion with me. I said I don't care to
talk to you about it and he said we
could make good money. I told him
I didn't want a partner and that was
not the place to tals about suca mat
ters. In January I was about to leave
for New York and F. M. Mixson call
ed to me. "Be sure and make that ar
rangement. ' I paid no attention to
it. I said nothine more about it until
,he latter part of March, when I asked
John what he thought of the proposi
tion. He said, "Don't you have any
connection with it." I said I didn't
see why. He replied that if I was in
it they would connect him. I didn't
want to do him harm and told him so.
Later in the day I mentioned the pro
position to Judge Eugene Gary and he
gave me the same advice.
I saw a telegram from J. W. Mixson
to his father, who was at Old Paint
Comfort. It was from Atlanta and
asked to be sent memorandum.
Scruggs showed me a letter from Pee
bles asking F. M. Mixson to come out
to Cincinnati and bring "friend Tomp
kins," and asking can't you buy two
or three more carloads per week and
let the cars be labeled "Sold to the
South Carolina dispensary."
Mr. Scruggs-I suppose every man
connected with the dispensary has
been invited. Isuppose this board has.
Chairman Jones and Mr. Nicholson
simultaneously, '"I haven't."
Mr. Scruggs said he had turned over
the telegram and letter to F. M. Mix
Mr. Evans re-suming said the tele
gram was sent about July 15, 1895.
Mr. Abney-This conversation with
Mixson was during the session of the
Mr. Evans-Yes. It was conceded
he would be appointed. I knew he
would be. I didn't think there was
anything wrong in his proposition
then, but I do think so now. I asked
him whether he was to get the com
missions. He replied no; he would
give them to his boy. It never occur
red to me it was an improper proposi
tion. Mr. Abney asked him why he
thought so now.
Governor Evans remarked that it
wasn't a question for this "boy" to
say what was right or wrong, and Mr.
Abney ought not to be asking such
Mr. Abney-I want to show that the
proposition of Mixson was for his son
to go into a legitimate business. He
asked Major Evans did he not consid
er that his office would receive the ad
vantage over otber firms.
Mr. Evans said he so considered it.
Mr. Abney--Why then did you ad
vocate his appointment?
Mr. Evans--That was before I
thought that anything was wrong with
Governor Evans-it is -not a ques
tion what he thinks or Mr. Abney
thinks is right or wrong. You know
you are not bringing out testimony
Mr. Abney -I want to bring out the
facts and am acting more a friend of
your brother than you.
Mr. Evans-I don't need any one to
defend me. My statement is clear and
In reply to Mr. Abney, he said he
ref ured to discuss the proposition with
young Mixson because he didn't want
to and he told his brother nothing
about it until March, because he had
been to New York and had thought
nothing more of it untiL he came back.
-Mr. Abney-You mentioned some
thing about Peebles's letter writing
Tompkins to come on. Anything
wrong with that.
Gov. Evans--Let the letter speak
Mr. Abney and Mr. Barber had
some talk about the irregularity of the
examination, both admitting that the
legal forms had been very much dis
regarded. Mr. Abney said he didn't
propose to me.k~e any objections.
Gov. Evans: I object to you having
this boy (B. E. Evans) saying what is
right or wrong. That is for the board
Major Evans said the dispensary in
surance business had been drawn in
and it had been asserted that he wrote
insurance at a higher rate in Anderson
than it could be put at. He asked to
be heard on that question. After con
sultation the board decided to hear
him and he said, In November, 1894,
before I was placing this insurance the
tariff association issaed a circular tak
ing dispensaries out of the barroom
class. This gave them a lower rate and
owing to adjacent buildings two per
cent. was an equitable rate and no
agent of the Southeastern Tariff As
sociation is authorized to make it low
er. He went on to say that the Gov
ernor had never given him a dollar of
insurance, but had taken away some
that he had gctten and gave it to
Gov. Evans-That's all been settled.
Mr. Douthit-I want to'ask a ques
tion or two to correct any wrong, if
any was done in those questions I gave
Judge Earle. Was only insurance
cancelled that hadn't expired and giv
en to vou?
Mr. Evans--No, sir. There was a
company that was going out of busi
ness in the State.- The policies would
all have been out in ten days and the
agent was willinz to waive that and
though Colonel Mixson objected, it
was finally waived and I reassured the
business in another company.
In reply to Mr. Douthit he said the
regular annual rate was charged. It
was just before the board came in, but
Lhe policies would expire ini a A'- v
Mr. Nicholson asked Mr. D)outhit
how it was that Judge Eltele had said
that he (Douthit) couldn't get infor
mation from dispensary ollicials!
Governor Evans said he had said the
bnoard had r fuedl the informationn
There was some discussion as to what
he had said and newspaper men were
appealed to, who said the Judge had
said that "dispensary officials" would
not give the information.
The board adjourned until the after,
noon in order to give Mr. Scruggs a
chance to hunt up the letters and tele
On reassembling at 4 o'clock Mr.
Scruggs stated that he could not find
the letters wanted. He said there was
nothing in the Francis Kelley letter.
The letter Governor Evans refers to
can't be obtained unless it is written
I stated in my testimony I said the
first letter had a suspicious statement
because the writer said something
about freight rebates and the money
being sent by currency.
Mr. Nicholson-Col. Mixson, can't
you get that letter?
Mr. Mixson--No, sir. If it is on file
Mr. Scruggs has it; he has charge of
all such correspondence.
Mr. Scruggs-The second letter dis
sipated suspicions about the first.
Governor Evans-Oh, yes, there is
nothing in that. The letter I referred
to was from the Live Oak Co., which
I cautioned Mr. Scruggs to keep.
Mr. Scruggs said he couldn't remem
ber the date of the letters. But by
reference to his cash book he could
tell the time. But there is nothing in
it. Tae second letter brought the
freight rebqtes which were deposited
inthe bank and the first letter was
Mr. Abney: When the board went
into office, who had charge of corre
Mr. Scruggs: I and Col. Mixson.
All was put togeiher and filed away.
Mr. Abney: You didn't say any
thing to Mixson about your first sus
picions? When the second letter came
you say your saspicions were dissipat
ed when Mixson placed freight rebates
in the bank?
Mr. Scruggs: Yes.
In answer to another question he
said the Live Oak letter referred to was
one reply to one written by Mr.
Mixson to the Live Oak Company. I
judge he had written about a mark
down in prices. The substance is that
if our goods are marked down White
can't get any more commissions.
Mr. Abney: What's that to do with
Mr. Scruggs: That's for the board
Mr. Abney: Was anything in that
letter which came officially that justi
fied yo" in thinking Mixson dishonest?
Mr. Ser-iges: It was a curious thing
to me that White was getting commis
sions and Colonel Mixson knew it
Mr. A oney: 1) you see anything
wrong in that?
Mr. Scrugzs: I see no wrong in
White getting rebates.
Mr. Abuey: Was any attempt to
conceal letters mAe on tre part of
Mr. Scruggs: I got A;, 6rst while
Mixsonwas absent. ! niaed-ita file.
Was filed in his desk. N
Mr. Abney: The Governor says yIS
exhibited letters to him?
Mr. Scruggs: That was the letter.
Mr. Abney: You showed it to him?
Mr. Scruggs: Yes, but I told him of
other lettersand then filed them in his
desk. I received and opened more let
ters in his absence. I don't remember
the time of this Live Oak letter. Think
it was last winter. I don't know when
Mixson wrote to White. I r'ever read
Mr. Scruggs said he had looked for
the J. W. Mixson telegram but Mr.
Gray of the Western Union told him
it had been forwarded to New York
and had kept no record of it. Records
were only kept six months, then de
Mr. Abney remarked that this tele
gram was very important and the
chairman could get it by sending to
headquarters in Ne w York. He asked
Mr. Scruggs to tell what was in the
telegram. He said it was sent in July,
1895, and was, "Send memorandum
at once," and signed by James Mixson
in Atlanta. It came to the office un
Mr. Abney: What was in that to
say any man was dishonest?
Mr. Scruggs: I cad't draw infer
ences for the board.
Mr. Barber next questioned the wit
ness about when the telegram came.
He said he was sitting at his desk. B.
B. Evans was there and read if before
Mr. B. 1B. Evans: No, you showed
it to me. (Laughter -)
Mr. Scruggs said he had sent it to
Mixson's house, knowing that he was
going away that morning.
Mr. Barber: Doyou know anything
that would connect James and Colonel
Mixson in receiving rebates before
Mr. Seruggs: Not a thing. James
had nothing to do with the Dispensary
I had charge of the invoice books, but
Colonel. Misson had access to them.
They lay on my desk and his sons
could look at them if they wanted. I
don't know as a matter of fact that
they did, but one might when I left
work. Colonel Misson and one of his
sons were left in the office. When I
came back next morning the book was
in Colonel Mixson's room.- This was
several days before receiving the tele
gram. I think it was W. T. Mixson
in the room, but don't know as a mat
ter of fact that he looked at it.
In ans wer to Mr. Abney he said Col.
Mixson had a right to look at the
books end ordinarily there would be
nothing wrong in him having it in his
Mr. Barber started to ask him
whether he believed anything wrong
had been done, when Mr. Abney re
marked: "Let's stop this irregular
THlE STAR WITNESS.
Before introducing Colonel Mixson
as a witness Mr. Abney said: We ap
plied to the Western Union Ior that
telegram of July 15 and Mr. Gray
says he finds the record of no message
passing between J. W. and F. M. Mix
son on that date or in 18%. If the
board will apply in New York they
can get it. Mixson ought not to be put
to the expense. We feel confident
there is no such telegramn. Then we
applied to th e ', tal Telegraph. Their
files were examined by manager J. E.
Moore and tme record of no such mes
sage has been found. Really this is
about the only thing againt Mixson.
If there is any other evidence to be had
againIst Mixson or in an off-hand way
a bout Tompkins it should be presented
in justice to them. I aw ready to ask
.\ixson to take the stand. In refer
ence to those letters. if they are lost
we can't heln it. The last we heard
of them they' were in the hands of
Clerk Scruggs and the Gavernor.
They will have to explain.
Goenor Evans: I haven't had?
them. Only saw them,
Mr. Barber said if any additional
testimony was put up, Mr. Abney
would be given the opportunity to re
ply, with that Colonei Mixson was
Mr. Abney: When were you ap
Col. Mixson: I don't recollect the
date, but was elected in January, 1895.
but my commission dates from Feb
Abney: There has been some ques
tion about the letter of introduction
from you to Hubbell of R. M. Mixson.
What was the date?
Col. Mixson: I don't know except
from his published letters and they
make it December, '91. At that time
I had nothing to do with purching
whiskey. Mr. Traxler was the Com
missioner and I the Superintendent.
I don't know of any influence that I
could have exercised over him to in
duce him to buy from any one and
didn't try to. I was a candidate for
Commissioner at the time. At first
Mr. Dukes of Oranzeburg was my op
ponent and later Mr. Traxler decided
to run. My election was not a settled
matter. Up to that time I had no cony
trol over purchases. The letter of in
troduction to Hubbell wasgiven to my
nephew, R. M. Mixson.
Abney: From favors extended to
your nephew by introducing him
what could you make in return?
Mixson: Nothing. I was simply
superintendent and could not aid my
Abney: Evans refers to a conver
sation with you previous to your elec
tion as Commissioner. Tell what took
Colonel Misxon: I asked Evans to
take my boy in partnership in the in
surance business, and nothing was
said about the purchase of whiskey.
Abney: Will you state positively
and absolutely whether his statement
is true according to your views?
Colonel Mixson: It is not true. He
was in business in Edgefield at the
time and moved here after that. I
don't know whetherhe applied for the
Dispensary insurance or not, but I
gave it to him. I did not sacrifice the
interest of the Dispensary for him. He
insured as cheap as anybody else.
That was done in a fair and proper way.
Abney: When you first came in
office what firms were being bought
CoL Mixson: The bulk was pur
chased from the Mill Creek Company.
I made a purchase from them. I need-,
ed some Bourbon. I had seen Hub.
bell but he refused to give me 5 per
cent. off. I wired him to send twenty
five cars of one and two X Bourbon
each with 5 off. The next day he tel
egraphed. that he would ship immedi
ately. On Wednesday I received a
letter saying tnat the goods had been
sent because they thought I was in a
hurry, but they couldn't take 5 off. I
immediately ordered them to recall
shipment, But they replied it had gone
too far; for me to take it and the 5
would be taken off. I never bought.
any more from them because the.-'
would not give me enough per dent.
if. I have never'seen Hubbells re
dutfalgure3 thie Governor refers to.
Gov. Evans: I pulled them out of
my drawer and we talked over them.
Abney: So far as purchases are
concerned, were the prices paid greater
or lesser than those of your predeces
Col. Mixson: The original price
was less except on XXX, which was
the same. In addition on Janusay 1
the Internal Revenue tax was increas
ed 20 cent~sa gallon, and I got 5per
cent off which my predecessor did not.
He paid for X Rye $1.50 and' the tax
was 90 cents. I bought better whis
key for $1.45 and got 5 per cent. off.
Rfhat saved in eleven months about
Abney asked whether Live Oak
whiskey was in demand? _ _
There is more call for it than any
other, was the reply. The board now
purchases it, but I don't know whether
they pay the same price.
Mr. Abney-Who is this man White?
Col. Mixson-He is a member of the
firm of White & Cramer. a supply
house of Cincinnati. He claims to
have started the dispensary off. He
came to represent the Live Oak Co.
and maybe Peebles.
Did he offer you any inducements!
I ordered two bills of goods from
him.- About March or April he came
in two or three days ahead of Yost and
Peebles. Then he told me he was get
ting commissions on what he sold and
he would give me half to purchase
from him. I told Yost, which I can
-prove by Scruggs, that he needn't send
White here any more. I would not
buy from him. Mr. Scruggs said the
statement was true.
Mr. Abney: Something was said
about a letter from Peebles inviting
you and "friend Tompkins" to come
to Cincinna..i. What's in that?
Col. Mixson retired and returned
with a letter which he read. In it
Peebles extolled tnree brands of his
liquor and asked Commissioner Mixson
to buy several car loads and he would
be pleased with the stuff. It wound
up by expressing the hope that Gover -
nor Evans, Colonel Tompkins and
Colonel Mixson would all visit Cin
Colonel Mixson continuing in reply
to a question said that he had never
seen any letter in which it was said
that White's commissions must stop.
He never received such a letter.
Mr-. Abney: Did you hare any in
dividual or partnership connection
whateyer which would influence or
encourage you to purchase from him?
CoL. Mixson: No. Nobody.
Mr. Abney asked did he know that
Mr. Scruggs was really the personal
representative of the Governor, and
was always on the alert, although ap
pointed bookkeper by him?
Col.- Mixson: I did not. I entrusted
him with everything. Nothing was
kept secret from him. He opened let
ters in my absence and in my presence.
I only knew of his trip to Cincinnati
after his return. He had told me he
wanted to go home for several days.
A party came to see me on business
which required his presence, andlI tel
egraphed to Greenville for him to
come back. The message was return
ed undelivered, and I didn't know
why Scruggs didn't return. I don't
remember when he returned. Think
it was February.
My recollections of his return are:
After coming from breakfast, I don't
recollect whether I went by the State
House or not, but Tompkins sent for
me and told me Scruggs wanted to see
me at his home. I went and he pri
vately told me of his find in Cincin
nati. That just knocked~me up. Un
nerved me. I never susected such a
thing. He shhowed me the figures.
Nobody was present. I came bacik,
t'ONTNIJE ON 4GEt