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B. W. BALL sworn and examined.

By the CHAIRMAN :

Question. Where do you reside?

Answer. At Laurens Court-House.

YORKVILLE, SOUTH CAROLINA, July 24, 1871.

Question. How long have you resided there?

Answer. I am a native of the county. I have been residing there sixteen or twenty years.

Question. What is your occupation?

Answer. I am a lawyer.

The CHAIRMAN. I will request Judge VAN TRUMP to continue the examination.

By Mr. VAN TRUMP:

Question. Were you at Laurens at the riot on the day after the last election?
Answer. Yes, sir.

Question. Will you now give us a detailed statement of all you know or have authoritatively heard of the facts in reference to that occurrence?

Answer. I was there on the 20th at Laurens Court-House, in the court-house, and engaged in defending some prisoners who were charged at the time, I believe, with assault with intent to kill. There was a witness on the stand. Pending the hearing of that case there was some disturbance on the public square. The court-house is in the center of the square, and all the business done is done on that square. Probably that square is one hundred yards by one hundred. There was considerable noise as that which usually accompanies a quarrel. After listening to it a minute or half a minute, I heard a pistol or fire-arm discharged. I got up from the court-room and walked out on the portico, looking toward where the difficulty appeared to be. I saw probably`a dozen men in a cluster. They appeared to be engaged in a fight which was going on, and one of them, whom I recognized as belonging to the State constabulary force, named Kahlo, was retreating. He was fighting and moving back at the time I discovered the parties, with probably three or four or five or six negroes and other members of his party. He was fighting and they retreating toward the position where the State arms were deposited. He was pursued by Richardson, or, at least, they had hold of each other. Kahlo was retreating to the door of the building. During this time the crowd was collecting toward where this fight was going on, both negroes and white people. There were not many negroes; the negroes were fleeing into this building, running in at the rear and sides of the building. Kahlo went in by the front door and slammed the door as he went in. He was not pursued by any of the party at that time. I heard probably two or three pistols or guns discharged. I went down upon the square just about the time the door was closed. I think I heard almost simultaneously a discharge of pistols from the public square and from this building, where the arms were deposited. It is an old and large tenement, so much abused that there were no glass to the windows, and in the front the panes are all open above. The lower door of this tenement was open. At the time there was a large number of negroes in this tenement, and the State constabulary, composed of half a dozen men, had their offices there. There was also a trial justice who held his office in the same room where these arms were deposited. In probably half a minute there was considerable firing from this building, and a number of persons from the crowd were firing pistols at this building. In a very short time several persons appeared upon the public square and returned the fire into that building. I then went for my arms. I lived probably seventy-five yards from the public square, and when I came back I saw the negroes and constables running from the building and persons from the public square firing at them. That building was immediately broken into and a good many negroes dragged out from the building. The constables, and many of the negroes, rau directly off. Some of these were fired upon. I think the whole thing occupied five minutes, and the occupants of the building, who were firing through the weather-boarding of the building-it is an old frame building-ran out by the rear and by the various avenues of the building, and ran through the public square. The crowd was dispersed and they ran down, but not many were hit, I think. From the position the citizens occupied firing, they had to shoot a considerable distance, and these persons were running very fast. At the time I took an active part and did all I could to restore order. At about this time, too, those who occupied the public square assaulted this door and knocked it down, and ran and seized the arms; there were fifty, or, perhaps, more, and everybody who had not arms ran in and got guns. The crowd then commenced to organize and discharge their guns in the air. There was considerable firing ensued, mostly from getting the arms in order. I organized about seventy-five men into something like a company in short order. There was great excitement. There was apprehension of the negroes. There was intense excitement at this point, Laurens Court-House, and throughout the county, at this time. It was understood that three or four days before the election a candidate for the legislature had carried from this armory to his private dwelling, about a quarter of a mile up the street, a number of guns.

Question. Who was he?

Answer. Joseph Crews, a member of the legislature, a trial justice, commissioner of elections, and internal revenue officer, acting under Mr. Wallace at that time. He had removed a number of arms there. I then had organized this company and restored order. The crowd seized and fired the guns, and everything became quiet. The question was, there were arms up street, and they had better be looked after, for fear the negroes would seize them and a fight would ensue. I took fifteen or twenty young men up to take a position near that house and see that these guns were not seized. They went up to within one hundred yards of that house, and took a position within commanding distance of Mr. Crews's house. Judge Vernon, who was then presiding there, at the request of some of the citizens probably, issued an order that the sheriff constitute a posse, and take charge of all the arms within the county. I was detailed by the sheriff to act as his deputy, and went up to Mr. Crews's house, and went to his barn, and there I found several boxes of Remington rifles, several boxes of ball cartridges, and probably fifty rifles in stack, with the bayonets fixed, as though ready for use. This barn was constructed on the upper side with scantlings at intervening points, so as to give them many very good port-holes; and on the side toward the street a ditch was dug, as though to make it easy to occupy these ditches and use these vacant places in the weather-boarding as port-holes.

Question. Was this ditch anything like a rifle-pit?

Answer. Something like a rifle-pit.

Question. Was it an old ditch, or newly made?

Answer. It appeared to have been newly made, according to my recollection and observation at the time. These arms were secretly and quietly removed to that house about five or six days before the election, in Mr. Crews's private wagon; but the fact became known to our citizens.

Question. Removed from where?

Answer. From his armory; the old building in the square. In the mean time there were arms at Clinton, a little town nine miles from Laurens, where there was a company organized of colored troops belonging to the National Guards, and they were furnished with arms and ammunition-thoroughly equipped and armed. My recollection is that some of us, for fear that the negroes all over the county might get excited, sent word to some citizens of Clinton to take charge of these arms. I do not remember whether Judge Vernon's order comprehended these arms or not; but I know word was sent to Clinton, requesting some of the citizens to see that these arms did not fall into the hands of the negroes. During all that time, as it was reported after a little while, two negroes were killed, and one was killed on the public square during that firing. I think they were killed as they ran, after firing some guns out of this old ten

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Question. You spoke of the point where the firing commenced when you came down from the court-house to that old building and the people on the public square. Which volley was the first; that from the house, or that fired into the house by the people outside? What is your best impression about that?

Answer. I do not think it was a volley. I think there was one shot probably fired before I went out of the court-house. I do not know where it came.

Question. That was a shot supposed to have been accidental?

Auswer. Yes, sir; a pistol-shot.

Question. But when you got out, and the firing commenced to and from the building, which fire preceded?

Answer. I can't say. I think there was no volley. I think there was a shot fired from that building, as that door was closed-from that room which was occupied as an armory.

Question. Do you think that was the first shot?

Answer. Yes, sir; and I think simultaneously with that, or immediately afterward, there was a rush made at this door, and some fired pistols through the weather-boarding of this house.

Question. From the inside or outside?

Answer. From the outside. I think the firing was returned in that way; but there was no access to the building. That door was closed that was fired into, and the firing continued, and half a dozen or a dozen shots were fired into this building, and from the upper windows of this building; the parties occupying it appeared at the upper windows; all the upper windows have no glass. This building is only used by negroes in the summer season, and it was in bad condition. There were some shots fired from these upper windows-at least parties were seen up there with guns about that time. I saw parties up there with guns; but there was much excitement, and the thing was a very short and rapid passage.

Question. How far is the barn from this old armory?

Answer. A quarter of a mile, I suppose.

Question. You say you found two boxes of guns and cartridges?
Answer. Yes, sir.

Question. How many guns in each box?

Answer. I remember two boxes; there may have been more. I think there were one hundred guns there, probably more. I think a box of guns is not more than twenty.

Question. Did this ditch extend all around the barn?

Answer. No, sir; not all around the barn. I think the upper part of the barn had no ditch. The lower side had.

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Answer. Yes, sir.

Question. Was there any trouble at the election?

Answer. Yes, sir; there was considerable trouble at the election, or at least considerable excitement at one time during the day. There were four precincts in the town within three or four hundred yards of each other.

Question. How did they happen to have so many voting-places in the town? Answer. Crews was a candidate. He was a commissioner, and he and the other commissioners had the right; and during all the elections for three years, with the view of concentrating the negroes and massing them at one point, especially where the United States troops were, four precincts were made; and at one of the precincts during the day there were probably blows passed between a negro and a white man. The managers of that election, without asking the military, (Captain Smith was there with a company for protection,) without calling on the civil authorities, though the sheriff had a large posse, closed that box. The negroes took offense or became excited. I do not think a blow passed between a white man and a negro, but the managers of the election closed the box, and a large body of negroes went to Crews's house, where these arms were stored, and threatened to come down and attack the crowd of white men. Captain Smith, who was commanding this company, went to them, and I believe he stated that he told these negroes that if they came down town with their arms, they would be used roughly, and influenced them to desist; and they did not come. At the same time a large body of white men collected on the street watching these negroes going off, and there was a strong feeling to arm for protection at once; but the older citizens influenced them to desist, and they did desist.

Question. Who were the managers of the box which was closed-democrats or republicans-white or black?

Answer. They were republicans. I do not remember; but one, I think, was a State constable.

Question. You say the negroes took offense at that?

Answer. There was a little fight, and probably he became alarmed, and they closed the box.

Question. You think the box was closed in consequence of this little fuss?
Answer. Yes, sir.

Question. I understand you to say the negroes took offense at the closing of the box? Answer. No, sir; they took offense at this little row or some little interference. They probably charged that this white man was interfering. My impression is that the white man, one of the State constabulary, took the responsibility of going away, and another man deserted, and that stopped the box.

Question. Then the reason the negroes went off to Crews's for arms was, the fight between one negro and a white man?

Answer. That was the cause probably, and it was hardly a fight; probably a white man struck a negro. There was some stir, and one or two white men cursing. Question. How many negroes went off to Crews's?

Answer. One or two hundred.

Question. A large crowd?

Answer. Yes, sir; there was probably one thousand negroes there that day.
Question. By the appearance of their going for arms, was there?

Answer. They went to this barn; they probably took their arms, and started to come down.

Question. Anyhow the manifestation on the part of the negroes was so significant that Captain Smith went to them to dissuade them from further violence or attempting to get up a row?

Answer. Yes, sir. In one instance, I know, there was a simple, plain man, probably from Pennsylvania or Ohio-one of the State constabulary-against whom there was intense feeling. The alarm spread over the county that night, and a large number came to Laurens from Abbyville, Spartanburgh, Union, and other districts. One man was taken charge of by the sheriff, and protected for a week, I believe-kept concealed at night. There was intense feeling against them. I think these are all the circumstances connected with that riot that I remember particularly.

Question. Do you know anything that will throw light upon the state of teeling for a short time before the election occurred?

Answer. Yes, sir. The canvass had been conducted throughout the whole campaign in this manner. At every public meeting I remember held in the county, the colored company of militia mustered at the court-house.

Question. How many belong to that company

?

Answer. About one hundred negroes. That company was carried to the country with arms in their hands, and on all occasions, in east, west, south and north parts of the district, and the State constabulary and candidates were escorted by these companies. They mustered and paraded the district.

Question. Was Crews along with them?

Answer. Yes, sir.

Question. Was he one of the stump speakers?

Answer. Yes, sir; the prominent man who conducted the canvass.

Question. Was there any reason to apprehend any interference by the white people? Answer. None in the world.

Question. Did you hear of any interference?

Answer. I was at most of the meetings held within the corporate limits, and they were never attended by white men. I never saw more than fifty. I never witnessed more badgering than usually attends a political canvass. On no occasion were the

speakers of the republican party questioned by anybody more than the democratic speakers were when they were canvassing through the State. Question. Did you ever hear Crews make a speech?

Answer. Yes, sir; several speeches.

Question. During that canvass?

Answer. Yes, sir.

Question. What was their character-mild and temperate, or inflammatory and incendiary?

Answer. I would not undertake to say-Crews is a very ignorant and uneducated man-that the natural tendency of his speeches would be incendiary; but the matter of his argument would lead to and necessarily have that effect. But I never heard him directly instruct or argue that any incendiary proposition should be the policy of his party.

Question. Were you at his Waterloo meeting?

Answer. No, sir; I do not know of it except by report. What brought about this difficulty principally was, probably a month before this riot a difficulty occurred in a neighboring county, about eighteen miles from Laurens, in which a large number of negroes-three or four hundred-appeared at the house of a man named Chappel. Question. In Newberry County?

Answer. Yes, sir, bordering Laurens. A large number of negroes were there, and threatened his life. A few citizens were there for his protection, and no fight ensued. The negroes in Laurens, to the number of one hundred, probably, marched in the direction of Chappel's from various points, particularly from about Crow's Hill; but the sheriff of Newberry went up and interfered, and they were scared and went away. Numbers, I think, were arrested, and I think at the same time probably one hundred negroes went to Clinton and Laurens district, and threatened to seize the arms there and go to Chappel's. It was reported at Laurens Court-House that the negroes and whites were fighting in the neighborhood of Chappel's. Crews got in his buggy, and went to the most populous negro quarter of the county, assembling the negroes as he went, getting fifty or sixty negroes, probably, together, addressed them a speech, and instructed them that all the negroes in that region of country should be at Laurens on that night. They came there in large numbers, probably three or four hundred, by 10 or 11 o'clock that night, crowded the public square, and took possession of the street in front of this armory. These negroes encamped there three days, and were furnished with rations as troops are rationed, on the public square.

Question. In arms?

Answer. Unarmed, but the whole county was apprehensive. The people were very much excited, and the white people were instructed to hold themselves in readiness to come to the court-house in case these negroes, who were quartered there for no reason except this little riot in Newberry that we knew of, to prevent anything like serious consequences. The white people were alarmed, but no demonstration was made. They merely held themselves in readiness. After probably three days, the negroes quietly dispersed.

Question. Were they there three days?

Answer. I think they were three; probably not more than two days. This was a month or two before the election.

Question. Where did the rations come from?

Answer. Crews furnished them. I saw all his negroes and boys and men and himself carrying a large amount of bacon across the public square to these negroes. They held their camp there, cooking their rations.

Question. Was there no declaration of their purpose in coming there? Answer. I don't know. It was generally understood that these negroes would make some effort to go toward Newberry, or night attack the town. We did not know. I do not think that Crews's purpose was known, and I do not know that he told the negroes; but he had them so completely under his power, that at his command he could have brought every negro in the county there to carry out his purposes. There had been no administration of law there for four months. This tenement, during the whole campaign, had been occupied by fifty or one hundred negroes every night. The courthouse porticoes were occupied by negroes all the summer. Question. Negroes from the country?

Answer. Yes, sir; of the republican party. These constables had their headquarters at Crews's office, and white men had been dragged in there every day, and tried in the face of all those muskets for three or four months. There was no such thing as town authorities. I remember on one occasion a negro cursed a white man in the street, and a town marshal undertook to arrest him, and he ran into Crews's office. Crews was present; I saw him; he protected him, and would not allow him to be arrested. There were no authorities there at all.

Question. How long were these State constables located at Laurens?
Answer. Two or three months.

Question. For what purpose?

Answer. They were sent there to preserve order and keep the peace. Question. What particular breach of peace had there been before that? Answer. There were various breaches of the peace, but I do not know of any particularly. Those constables were sent there according to an act of the assembly requiring a number of State constables to be created and a general constabulary of the State. The law provides that they shall come from the county, but Governor Scott sent his friends, citizens of Ohio principally. I think they were mostly his neighbors. He sent them up there, although the law required that they should be of the county. He selected his own friends and citizens of other States, who were principally strangers. They came there and became partisans.

Question. Was this constabulary force white or black?

Answer. They were altogether white; but some of them, in other counties, were colored. I remember on one occasion, some colored constables were brought there to make some arrests from Abbeville. The force was increased, but they only remained a few days.

Question. How many militia companies were organized in Laurens County? Answer. I think half a dozen or a dozen. I do not know whether they were received as part of the national guard, as it is called under the law, or not. My impression is that they were not. But they mustered six or eight or a dozen companies, that were organized throughout the district. They held meetings and drilled with such arms as they could get. One company was fully armed and equipped, and drilled at the courthouse, and one company at Clinton. I am not prepared to say that to any other company arms were given out.

Question. Did not these six, or eight, or twelve companies form what is known as the thirteenth regiment of National Guards?

Answer. They were part of it.

Question. Do you know how many arms were sent into Laurens County in the summer preceding the election of 1870?

Answer. I do not. I know a large number of Remington rifles and another kind of breech-loading guns whose name I do not know, and a large number of Winchester rifles. I do not know whether the law authorized it. A large number of new Winchester rifles were found in this barn at Crews's house, and the State constabulary were armed with them. I have heard that Crews bought a large number of these guns, and he stated they were his private property. I expect that the Winchester rifles were his. Question. I see, by the report of the adjutant and inspector general of the State of South Carolinafor November, 1870, that Joseph Crews, lieutenant colonel and aide-decamp, received at Lawrence, on the 30th of June, 1870, three hundred rifle muskets. What were they?

Answer. I suppose Remington and some other pattern-Winchester.

Question. On the 2d day of August, 1870, he receipted to General J. B. Dennis, acting ordnance officer, South Carolina, for three hundred and twenty rifle muskets, besides the various accouterments pertaining to them, making in all six hundred and twenty rifle muskets; and included in the two receipts ten thousand rounds of ammunition. What sort of ammunition was it?

Answer. That was ball cartridge.

Question. Minie-ball?

Answer. Yes, sir; large copper ball.

Question. It is the kind used with rifle muskets?

Answer. Yes, sir.

Question. How were these companies organized-publicly, under the law, or otherwise?

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