there was a larger number printed than the regular edition. In that regular edition, there was a supplement. The regular edition consisted of four pages and the supplement was one sheet consisting of two pages. The supplement went with the regular edition for August, 1922. The Dallas Press printed the paper, and we ordered 25,000 copies printed. I could not give the total cost of printing that edition, as I do not keep the books, but Mrs. Farmer, who was the bookkeeper, can give that information, and I understand her deposition is to be taken and she will furnish that information. (Nos. 5 and 6 not offered.) 7. State the name of each and every person who in anyway prepared, or edited, or revised any of the subject matter of said special edition of said newspaper, advertisements excluded?-A. Other than the advertising matter, I prepared all of the subject matter of the August, 1922, edition of the Home and State, except that supplement. Upshur Vincent prepared one page of the supplement. His name is on that part which he prepared. (Nos. 8 and 9 not offered.) 10. State whether or not Earle B. Mayfield, or Ben C. Richards, jr., or D. E. Lyday, or Gossett Greer, or any person for either of the persons just named, during the months of July, August, or September, 1922, paid to you, or through you paid to the publisher or printer of said newspaper any sum or sums of money, and if so, then state fully with respect to each such payment (a) the date and amount therefo; (b) how the same was paid; i.e., in cash or by check or draft of any kind, and if by check or draft, describe the same fully as to contents of the face thereof, and as to endorsements upon the back thereof; (c) the name of the person making such payment; (d) the purpose thereof. If you have said, or if it be a fact, that no such payment was made to or through you, then state whether or not you know of any such payments having been made, and whether or not you saw any such check or draft, and if so, then describe fully and in detail every such transaction (of which you know) and describe fully the check or draft which you saw?— A. I did not receive any remittance during July, August, or September, 1922, from any of the gentlemen whose names you have mentioned; that is, Earle B. Mayfield, or Ben C. Richards, jr., or D. E. Lyday or Gossett Greer, or any other person for them, paid either to me or through me for any other person, firm or corporation to the publisher or printer of said newspaper. A remittance under date of September 30th, 1922, was made to us, but we did not receive it until October, and this will be explained now. I received a letter dated September 30, 1922, from J. L. Hunter, inclosing a check for $166,66 for advertising in Home and State for Mr. Mayfield, but the letter did not reach us until in October. I cannot describe the check other than it was a check from Mr. Hunter, as stated. (No. 11 not offered.) 12. State whether or not, during the month of July or August, 1922, you sent to or received from Earle B. Mayfield, Ben C. Richards, jr., Gossett Greer, D. E. Lyday, Jim Straughan, W. H. Gray (sometimes called "Bill" Gray), J. H. Davis (sometimes called "Cyclone" Davis), Ed Westbrook, any telegram, letter or other written communication, and if so, attach to your answers hereto the originals or true copies or each and every such telegram, letter, or other written communication so sent or received by you (either in your own name or in the name of any other person, firm, association or corporation). If you do not do this, then state exactly why you do not do so. And if you say that you do not now have, or have access to, any such letter, telegram, or other written communication, then state what became of the same, where it is now, and then state the date and contents (as fully as you can) of each of such letters, telegrams or other communications, the name of the persons, firm or corporation to whom it was addressed, and the name of the person, firm, association or corporation whose name was signed thereunto?-A. We had communications with Cyclone Davis and with Mr. Westbrook; that is, a letter was written to Mr. Westbrook. Not having any previous knowledge of what was required in response to these interrogatories, I am not prepared at the time of answering this interrogatory to state what correspondence was had with the persons whose names are mentioned in this interrogatory, but I have left instructions with employees in the office, who have charge of our files, to examine our files and to furnish the notary with true and correct copies of all such letters and telegrams called for in this interrogatory, and they will be attached to these interrogatories by the notary. I am attaching copies because I do not wish to give up my office copies, preferring to retain them in my files for my records. 13. State whether or not you contributed or donated any sum of money, or other thing of value, or caused any other person, firm, association or corporatior to contribute or donate any sum of money or other thing of value to said Earle B. Mayfield, or to any person for said Mayfield, in connection with the campaign or candidacy of said Mayfield for the Democratic nomination for the office of United States Senator, and if so, then describe fully each such contribution or donation, and the date and amount thereof, and the manner in which the same was made and the person to whom the same was delivered?-A. I paid Cyclone Davis $100.00 for his services under this kind of a proposition: That he was to make his fight against beer and wine, and incidentally, in support of Mr. Mayfield. I paid J. A. Brown $50 for a similar service. I also paid Mrs. S. X. Swimme a small sum of money for the same purpose, but I do not recall the exact amount. My reason for not being able to furnish more accurate data is that I was summoned by the notary to give my testimony on Friday, October 13, but as I will be out of the city on that date, the notary arranged to take my deposition today, and the first time I knew what data wes wanted in response to this interrogatory was when the notary read the question to me, and as it is late in the afternoon, I have had no opportunity to go over my records, but I am asking Mrs. Hough, whose deposition I understand also is to be taken, as to this interrogatory to give such information as she can relating to that matter. (Nos. 14, 15, and 16 not offered.) 17. State whether or not you have seen, or have heard read, or have been advised in anyway of any or all of the preceding interrogatories, or parts thereof, prior to the time they were read to you by the notary public now taking your deposition, and if so, state when and how and where you saw, read or hearp read, or was advised of the same?-A. I have not seen these interrogatories prior to the time they were read to me by the notary taking my deposition. Nor have I read the same before then; nor have I been advised by anyone before now, of the contents of any interrogatory or part thereof prior to the time they were read to me by the notary now taking my deposition, and I received no advice concerning the same. (Additional direct interrogatories and answer to same by said witness:) 1. State whether or not it is true that on the 18th day of August, 1922, you sent by mail to many persons in Texas a letter over your signature (or rubber stamp facsimile signature) in which you made the statement in substance, amongst other things, that "I am having to spend thousands of dollars extra during these four weeks. I want you to send me a check for $5 special in this campaign?" If so (a) State how many of such letters were sent or mailed by you or at your direction; (b) state how much money or the equivalent of money in the aggregate you received or collected in response to said letter, or in connection therewith; (c) attach to your answers hereto a full and complete list showing the name and place of residence of each person from whom you received or collected any money in response to or in connection with said letter; (d) state fully the distribution made of each and every such sum so received or collected by you in response to said letter, or in connection therewith; (e) attach to your answers hereto and mark for identification a true and correct copy of the form letter_referred to, bearing date August 18, 1922. 2. In the letter referred to in the last preceding interrogatory you state, "I am having to spend thousands of dollars extra during these four weeks." Now, state fully and in detail just exactly how many thousands of dollars extra you actually spent during those four weeks and describe fully each item of such expenditure, stating in connection therewith the name of each person, firm, or corporation to which any sum or sums of such expenditure were made and the date of each such expenditure, and state fully the purpose of each such expenditure. 3. You will find attached hereto and marked "Exhibit A" the purported copy of one of the form letters purported to be sent out by you or at your direction and over your facsimile signature of date August 18, 1922: Please examine said copy and state whether or not it is a correct copy of such a form letter sent out by you or under your direction, or with your authority. If you find errors in such copy, please state what the errors consist of. A. It is true that on the 18th day of August, 1922, I caused to be sent by mail to many persons in Texas, a letter over my signature in which I made the statement in substance, among other things, that "I am having to spend thousands of dollars extra during these four weeks. I want you to send me a check for $5 special on this campaign.' About 2,200 of those letters were mailed out under my direction. We received, my recollection is, about $600 in response to that letter or in connection with it. I do not recall the exact amount, as I do not keep the records. Mrs. Farmer kept those records and can no doubt furnish that information. I would say, however, that $600 was the approximate amount received. I am having prepared and will cause to be attached hereto by the notary a full and complete list showing the name and place of residence of each person from whom we received or collected any money in response to or in connection with said letter. The money so collected in response to such letter went into a general expense account of the Anti-Saloon League and was spent for the general work that the league was doing at that time. The campaign that was conducted during the month of August, 1922, was not solely for the election of Earle B. Mayfield. Its supreme purpose was a defense of prohibition and the defeat of the movement for beer and wine. To this purpose the bulk of the expense was directed and intended. The election of candidates was only incidental. The Anti-Saloon League gave assistance to other candidates in the same way it did to Earle B. Mayfield. An exact apportioning of the amounts spent for each one would be impossible. The only record that could be specifically credited to Mr. Mayfield would be the contributions that came in on the $5 special appeal named in my letter of August 18, 1922, above referred to, and the appeal in that letter was for funds to be spent in behalf of prohibition and in opposition to beer and wine, as much as in the interest of any candidate. The work of the Anti-Saloon League is not in the interest of any candidate personally, but only as that candidate stands for the cause for which the AntiSaloon League is fighting. Therefore it is our contention that the expense of the Anti-Saloon League during this and any other campaign should not be charged up against any personal account. To segregate the funds that went to Earle B. Mayfield or that were paid to his campaign would be impossible. Our expenses for the month of August amounted to about $5,000. I have examined the copy of letter dated August 18, 1922, attached as an exhibit to these interrogatories, and after examining the same I would say that it is a true and correct copy of the letter of that date which I caused to be sent out. As stated above, our expenses for August, 1922, were $5,000, approximately. It was not $5,000 extra expense, but just $5,000, approximately. That is, $5,000 was the total. I am causing to be prepared and will request the same to be attached hereto from our records, a correct statement of the manner in which said money was expended, as requested. The letter attached to these interrogatories is, in my opinion, a correct copy of the letter of August 18, 1922, which I caused to be sent out. (Letter above referred to, attached to said interrogatories, is next offered in evidence and read into the record by the relators, and same is as follows, to wit:) ANTI-SALOON LEAGUE OF TEXAS, Dallas, Tex., August 18, 1922. DEAR FRIEND: I am sure that you have kept up with the trend of events the last three months and realize that the prohibition forces to-day are facing a very serious crisis. The impeached governor's mud slinging at Mayfield is going to paralyze our own forces if we don't do our best. I have personally investigated every one of his charges and find them to be absolutely false. But it takes a tremendous effort for us to get the truth to follow up and overtake the falsehoods that he circulates. I am doing my very best to do this, but it is costing me fearfully. I am taking the opportunity of this run-off campaign to launch the most vigorous campaign in behalf of prohibition generally and in opposition to beer and wine, believing that I will accomplish two things-aid in the election of our own men to Congress and to the Senate and also to cultivate public sentiment in behalf of prohibition. Our usual income for the league barely meets the usual expense. I am having to spend thousands of dollars extra during these four weeks. I want you to send me a check for $5 special on this campaign. Don't fail me at this time. You have always been so good to come to our help in the past, I am depending upon you. Do your best in a check by return mail. Use the inclosed envelope or mark your check "Donation" to avoid confusion in our offices, and with assurance of all good wishes, I am, Yours very truly, ATTICUS WEBB. Relators next offered in evidence and read into the record certain letters attached to the answers of the witness Atticus Webb to the above-mentioned deposition, same being as follows, to wit: Hon. J. H. DAVIS, Sulphur Springs, Tex. AUGUST 7, 1922. DEAR BROTHER DAVIS: That check I promised you I let escape my attention and I am afraid it has embarrassed you, but I am sending it herewith. Trust it will reach you not too late. The Mayfield headquarters promised me to arrange your itinerary and notify you direct and also publish your itinerary in the papers, but I am afraid it has not been attended to. If you have not been notified, call them as soon as you get this letter. Sincerely yours, ATTICUS WEBB. Senator ED WESTBROOK, Wolf City, Tex. AUGUST 3, 1922. DEAR SENATOR WESTBROOK: I am sure that you agree with me that in the race for United States Senate between Earle Mayfield and Jim Ferguson we have a great fight to make if we are not to elect Jim Ferguson to the United States Senate, and this is unthinkable. I have noticed the magnificient race that you made for Congress in your district, and yet were defeated. There is a large element in your district that are or should be prohibition votes and should support Mayfield, and I am afraid that if nothing is done they may be swung to the Ferguson column. I believe that the best fight that we can make for Mr. Mayfield is to make a fight against beer and wine and to bring the prohibition question before the people. I think that the other issue between these two candidates are largely camouflage issues to deceive the people to enable Jim Ferguson to slip into the United States Senate. I am planning to make a state-wide fight, laying special emphasis upon the prohibition issue with all my might. I would be mighty glad if we could have your service until the run-off primary in that section of the State comprising your district, and possibly some adjoining territory, in which you will endeavor to reach the same class of voters that you have been appealing to in the recent race. I am sure that this race has left you financially in a position that you could not accept this invitation upon own financial resources, so I am expecting to pay expenses and a reasonable remuneration. You will understand, of course, that our financial condition is always limited, so I wish you would write us just what you think of this proposition and, above your expenses, what you could render the service for. Sincerely yours, Hon. J. H. DAVIS, Sulphur Springs, Tex. AUGUST 2, 1922. DEAR BROTHER DAVIS: I am sure that you agree with me that in the race for United States Senate between Earle Mayfield and Jas. E. Ferguson we have a great fight to make if we are not to elect Jim Ferguson to the United States Senate, and this is unthinkable. I have noticed the magnificent race that you have made for Congress in your district and yet were defeated. There is a large element of the votes in your district that are or should be prohibition votes and should support Mayfield, and yet I am afraid that if nothing is done they may be swung into the Ferguson column. I believe that the best fight we can make for Mayfield is to make a fight against beer and wine and to bring the prohibition (issue) clearly before the people. I think that the other issues between these two candidates are largely camouflage issues to deceive the people to enable Jim Ferguson to slip into the United States Senate. I am planning to make a state-wide fight, laying special emphasis upon the prohibition issue with all my might. I would be mighty glad if I could have your services till the run-off primary in that section of the State comprising your district, and possibly some adjoining territory, in which you will endeavor to reach the same class of voters that you have been appealing to in the recent race. I am sure that this race has left you financially in a position that you could not accept this invitation upon your own financial resources, so I am expecting to pay expenses and some reasonable remuneration. You will understand, of course, that our financial condition is always limited, so I wish you would write me just what you think of this proposition and, above your expenses, what you could render the service for. Sincerely yours, SEPTEMBER 20, 1922. DEAR DR. WEBB: I am inclosing you express money order for advertising in Home and State. This item was on Latham's bill, but you remember you suggested sending direct to you. I am sending the balance of Latham's bill to him without comment. So if he says anything to you about it, you will be free to give him whatever reason you wish as to why I sent it to you direct. I hope I may see you soon again. With warmest personal regards, I am, Your friend, Rev. ATTICUS WEBB, Dallas. Hon. J. H. DAVIS, Sulphur Springs, Tex. J. L. HUNTER. AUGUST 24, 1922. DEAR BROTHER DAVIS: Inclosed you will find check for $50 as per your request in your recent letter. I trust you had a pleasant trip; I am sure it was profitable to the cause, and I believe that we will win this battle. I hope it will be the last nasty battle with the liquor traffic that we will have to have. I get tired of it. I want to try to be decent in the future. I am sure that you realize that it is always a special pleasure to me to have you serve in connection with the Anti-Saloon League in any capacity. While I could not take sides between you and Mr. Black in your race for Congress, you knew where my heart lay. It looks a pity that about 254 of these farmers did not get out to the ballot. Should you pass through Dallas, don't fail to drop into headquarters. Sincerely yours, Realtors next offered and read in evidence exhibits to the petition in this cause, filed in the office of the district clerk of Navarro County, Tex., on October 3, 1922, and marked for identification with the figures "2" and "3", respectively, in pencil, in parentheses, for identification, same being certified copies from the office of the Secretary of State at Austin, of originals filed therein by Earle B. Mayfield, D. E. Lyday, and Ben C. Richards, jr., in reference to the contributions received, and the expenses incurred by the said Mayfield in connection with this campaign and candidacy for the nomination to the office of United States Senator, said exhibit marked "2" being as follows, to wit: (NOTE. These statements, etc., are on usual letter-head size paper, one each to the page, and same will be copied hereafter in the same form.) Hon. S. L. STAPLES, Secretary of State, Austin, Tex. JULY 25, 1922. DEAR SIR: Complying with the requirements of chapter 88, General Laws of of the Thirty-sixth Legislature, I beg to herewith file with you statement showing contributions received by me and expenses incurred to date, in connection with my management of the campaign of Hon. Earle B. Mayfield, in his candidacy for the nomination to the office of United States Senator from the State of Texas. Very truly yours, D. E. LYDAY, Campaign Manager. THE STATE OF TEXAS, County of Travis: I do solemnly swear that the foregoing statement, filed herewith, correctly shows all moneys received by me and disbursed by me or in my behalf or with |