xt70zp3vt865_328 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Williams, W.W. et al. v. Davidson, Alex et al text Williams, W.W. et al. v. Davidson, Alex et al 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_29/Folder_6/11061.pdf 1919 1919 1919 section false xt70zp3vt865_328 xt70zp3vt865 i 73‘ t ’.,-r
FLOYIfl~w_QIRCUIT SOUR:
' E. H. WILLIAMS &0, . . . . . . . . . . . . . PLAIJZIJIS,
airs: 1.1171160}? ac, . . . . . . . . . . . . . r211. sinuses. '
The deposition of T01 BLACKEUSN and others,
taken at the 1m ali‘fioc of Hamilton a ‘.‘.‘allen, in the City '
of Frestonsourg. kioyd County, kentacky, on the 29th ,
day of lecsntsr, 1319, pursuant to notice hereto attached,
to as read and used as evidence for and on behalf of
defendants on the trial of an action pending in the
Floyd Circuit Quart wheiciu w. h. willians and others ‘
are Pleintiifs and hoary Harris and other; are defendants;
also in an action pendirg in sa3.5 i'lsui't therein 1. ’i‘.
Craft is Plaintiff and filer Iavidson and others are ‘
defendants; and for and on behalf of Plaintiffs in an
. action pending in said Court wherein Henry Harris is
Plaintiff and r. P. Howard and others are defendants.
It is stipulated and agreed by and between the ‘
parties hereto that these depositions may be taken in g n-
- ‘ stenographic notes, afterwards transcribed and extended, .f
. signature of the witnesses thereto waived, all with the ‘
2 Same force and effect as if written at length in the
a; ., t, ‘ . . .‘

 . x, /

presence of said witnesses, read to and subscribed by
then in the presence of the Notary.

The Tefcndant, TUE ELACABURN, having been
first duly sworn, degosee enfi says:

IlthT gléfiihhjlflfi BY AR. ggggggi;
:z— State your name, age and xeoidence?
A- W. I. Blackbuzn, freeioheborg, Lentueky,
and will be flflXk 48 the 23:6 day of Eeoruaiy, 1920.
%* how long have you livafi in the City of
Pruetoneburg? I

‘v A“ Well, 1 noved here in l906, ii I an not
mistaken, ahfi hevo been living here ever since with i
V _the exception of What tine ; lived down here on the fern
at Tom Mays. I noved down there one raised u crop.
g~ To you rehomber when you moved down there?
A- I floved down there in the fall of 1915, I
reckon, or 1916. 1 expect 1 have been down there iour
years anyhow, and 1 Cone 033» up here this fall,» came
beau up here in Hovenber.
Q- Do you own property in the City of Preetoneburg?
A‘ Yes. sir.
‘ ' Q~ Lo you own property anywhere else Outside of
the City of Frestoneburg? ;
A- No, sir. ;
’ . Q~ Did you intend to make the farm down there
your home when you noved there? ”
' (Plaintiffs object -- _
A- No, sir.
2
5"“ , , ‘ ' .

 X In
;« You wes only down there on temporary busineSS?
(Plaintiffs object —- ‘
A~ You, sir. I '
Q~ that woo your purpose in going down on the .
form?
A— Well 1 ooveé down there, thought 1 woula go
0 down there to try to voice me a little crop down there,
and see if 1 could make it better there than I could
here in town.
Q— You still owned your home though in the City
of Preetonsburg? '
A— Yes, Sir.
. Q» always voted in the City Klections?
‘ le.‘ . Yes, Sir.
Q~ _ While you were down on the fart, aid you pay
City taxes?
A— Yes, sir. /
Q- Did you pay City poll tax? .
A— Yes, air.
Q— While you lived on the form below town,
were you hirei to work on the public road? I .
A- I was warned to work on them, but never worked;
because I paid tax up here - poll tax and corporation '
tax. and the Judge Said they couldnt force me to work
on the public road; if I paid corporation tax I could
claim this my home up here, and I never worked any i
‘ roads while I woo down there. ‘ E]
w
l— Where did you live on the 4th day of fiovember, :égg
. 1919? . /
K .. _ J _ 3 _ , ggf; ‘_
31*:ciEllftiniglct u., lg’..l “A.-lu ‘ - ‘ l , » .;'r’§;§§:L__.M;L

 , i J
A~ I lived dovn there on the fern?
§§§Q§_Q§Ailflnilfih BZ_J;L;fihmfl¢£i;
Q- you say you lived on the iay farm?
A- Yes, :sir.
4w Jhat flay?
Aw Tom lay over here. I
an ‘ Is that outside of the corporetion of the
City of Prestonehurg?
A— Yes, sir.
4‘ flOW fir fro? the Gorporvtion line?
A" well, it is hslf a mile; I expect, or ‘
something lime that - hardly half a tile.
;— You lived there four years?
A- Yes, sir. well; I lined, 1 believe l liked
seven or eight days, or sonethine like that, living
V there four years.
' Q- That time did yen nave been in the enrpnretion
‘ of the City of Preatonshurg? »
I A- I moved here about the 10th of November,
I believe.
u— Lest Hovemher?
A“ Yes, sir.
Q~ And moved in the property you owned?
. . A;’ Yes, sir.
Q— What did you do with that property while
you lived on the farm? ‘
z .
Ae Rented it. , a
q~ _ Who to?
A.. ‘ .
4

 & , i
A- Different people.3 I ooulfi name tnem, I
guess. 3
V 2;» Just kept it a8 a Eenant house?

A2 Yea, sir.
%- Anfl rantafl it tn gnybofiy tnet wantefi ii?
A222 .2'22"01.‘:., fiat. iii» 2.:‘23/5:2;323y 'tl211_».‘£. ‘.'.’uj'lt-Gd it. I, itapt .
it rentefi nearly 511 Th1 tine.
¢-. Renfiefl it fa :nybofiy thai vanfiefl it if they
were desirshlfi tenants?
A— Yep-3.

_ gs;— 1‘;";1:'sz' :‘.:E. 1 2‘22?) 7115-123 .3012 .. 2:19:31: there on the
far???
A- well, I Tarwefi.
an Laixen crogs?_ 3 V
A- Zea, air, Ehai is truck crop season, then I
woulfl work here in fawn or over it fine ninsg, anfi '

. different 1212213323 .airn'LLfl-‘h
Q» Whnf fififl jog d9 viila you livafl in town before
I you wenfi dovm fbarQV

A- 1 wcrkei here in town, mined some, Earpentered
some — workefi at the carpemfier trafie same. 3

3 _ Q- Did the 3ame kind of work after you moved
down there thmt you had done outside of raising crop
in the summer time?
An Praatioally, yes, 313.
a- You voted here in the laSt city election?
A- Yes, sir, voted in all of them ever since I '
have been away from here; never failed to vote. I 2
Q— How many have you voted in?

. 5

 S 2
A- All there has been. If there was one every
year 1 voted in it; if theye wasnt 1 didni vofie.
Q— Who did you vote for for Gihy Council here
last November? .
A~ This iasi election?
' [- 268?
A- I voted Ior tne Mule QiCAet. '
Q- What candidatea were an tna mule ticket, the
Elaintiffs or ;eicnuantsi
A» The defienaants. I suppose, partly.r
a- That is, Alex paviusmn, ban Layne, J. 9. may,
' W“ 1. Blaoxburn and Henry Harris?
A- Yed, sir.
I Q» Have you 50L some 0035 living with you down
on tne farm?
A“ Yes, all. _
in How many uun are voters?
I A- Hary one. - ‘
Q~ Home OI them Vuturn?' ‘
A- flail, my son WaS, but he was in the army;
my oldeat son; he Wasnt here.
Y Q- ' None of them that lived with you voted?
‘ A- Home of my boy§, no.
H~ Raye you got a nrother that lived down there ,
near you that voted here?
. A— > Yes, sir, 1 have got a brother lived down .
there in the house with me. ‘ '
' Q- What is his name?
- A~ Wayne.

 k . I
Q- Did he vote here last November? V
A- Yes, sir. '
Q- 30 you know how he voted?
Am , I know he voted inthe county election; my
understanding, if I am not mistaken. I helioVe he told
' me he didnt vote in the corporation.
I Q- to you know personally whether he did or not?
A~ No, sir, I do not.
a» When he noved in the house with you a Is he
married?
A- No, sir, he has been living with me ever since
my wife died about ten years ago.
‘ Q- He went with youwhen you went?‘ V
A- - Yes, sir.
Q- And came back with you'when yea come?
A» Yes, sir. ,
Q- Did anybody else that lived right there
' close to you that voted intne City election? ~ _
' A— Nobody that 1; Know of.
Y Q- What is your understanding about whether he
voted in the City election?
A- My understanding he didnt vote; it strikes
me he told me he didnt vote in the City Election, he
_ didnt get no ticket. He may have voted, but that is
my understanding; I am not telling this to be positive,
but that is what I remember.
I Q- You dont know from his talk who he was for
inthe City Election? ,
A- No, sir, I dont Know anything about that.

 L 1‘
Am Dad you ever hear him say?
A~ You cant tell about the way a non talks.
Q~ I am talking about from his talk?
, A— I dont remember of ever hearing him express
himself.
{And further seyeth not)
Elhm'oupon. aiei'endunts int: ..sduucd the witness, '
CAL OCBORH, who having been iirst only storm, deposes
and says:
3713:1112 L)? i". '.‘1..~..Z.i [Hill-.31}; ::"IWQELZ. ‘..".g.11143:;n:-
Q» ..‘t dour 11min"). ego, and residence, Cal?
3— 3;. {H.U’lb Know exactly how 03.45; _.L as.
Q— Just estimate it?
A— 'i guess soaiemnre along; snout fifty, and
live down no:e at the fiiss holliiield place.
QM Lid you live in the City of xrostonshurg on '
' the 4.1m day: oi“ .‘,‘ioveuxbsr, 1919‘? " '
A- Yes, sir.
. Q- Did you vote in the city election held on
. that day? . ' L
A- Yes, sir.
’ C— For whom did you vote?
A~ I voted for the Improvement Ticket on one.
4- Do you mean by the Inprovement Ticket you
voted for W. W. filliams. l. T. Craft, Hoht Collins.
0. Y. Ligon. Chick Howard and Martin J. Leete?
A— I reckon that is the Way I voted: 1 voted
' for the Improvement Tickeg.

 S J
GROSS EX . 3113mm: 3;:: “..;...ZLT;

Q» How long have you live& so the Hollifiold place?

A- Twelve montha.

. Q— You dont krow Th? wwo on fhr Toprovemnnf Ticket,
do you? I
A~ I flout know any only Chick Howaoo, i believe, '
and 73111 1111113118. rmfl Yancy Rigor), T believe;
. Q- Who+ makes you fhiflk Yancy Tigon was on

that ticket?

A“ Because I negro bin say on.

Q- Diflnt you look when you voted to 596 who

was on it? ‘

Au I hafi my mind oafio up to vote o week before I

went in there how I was going to vote.

Q- What difi you make it up for? V

A~ 1 mafia it up because I thought we noeaeo it. '
%, You voted for improvements, you fiont know wno

you was voting for to flake them?

A- Yeo, sir, I went in there and voted the

Improvement Tioket anfi the straight Republican Ticket.

Q- Yea diflnt know who was on the ticket that was

going to make the improvements? '

A- I knowod Bill Williams and Yancy Ligon, and

. ’ Chick floward woo on it. *
Q— If Yancy Ligon Waont on that ticket you
' would feel like you was mistaken about it?

‘ A~ Well, if he wasnt on it I thought he Was, he ' ,
said he was on it; I thought he was as good a man, if I
he was. ‘_

9 _

 4, }_
Q~ If he waSnt on it you knew fine others were
good men and so you Jusfi voted for 1%?
A¢ Eex, 1 thought it was the befit thing to do.
ggiggm34mlfifi%gggggrm.hummuw
;—> She ticket you voted for was running under the
burning house device, Waant it, Gal? K
w- Yes, sir.
4:5» And you voted ’ChOII’. under the burning house
device?
A— ~ $93, sire .
, {33? further uayctn not) '
wheraupun, derendant; introauaed the witness,
ROLL BRAILflY, who having Damn first duly sworn, depo$e3
and says;~ -
' 313433 AXAllfllfilfil BY 4ggfiéiAllLfiflfiz- '
Q- What is your age, Jr. Bradley? '
A- my age is forfiy~one » will be in April.
Q— ‘wnere flo you live? ‘
A— I live about three Or four mile down the
river hereo \ l
m- within the Prestonsburg precinct?
, A— I guess not; I dont guess it goes down tnat far. .
I dont Know where it goes to; 1 dont guess it goes down
" that far though. - .
10

 . ‘/ _ 1
, . Q” What is your post office?

fi~ Hiddle Creeks >

4” YOu get your nail €rou fhe,jidale Oreo: post
office?

31‘ t ‘58:: , 51'an '

I Q» Where wee you on fihfi 4%; is; of UOVUJUEI, 1919? V
' g— I WfiS heTe in town, I renkon.

Q- I ‘fibzin --~

A— The? was The flay of inn olsctifin, Wasnt it?
a- Yes, 814 yew vote out here in Treetenshurg?

Au Yes, sir, that ie H" votinf place? I vote here

all the time. '
e- “:3 yon vote in the tune herv in town between

the ~- ?

Aw I roekou it Was the tu”m race; they give me

a ticket anyhow I votefl. I never askeo for no ticket;

they Just renehefi one to fie amfi 1 votofi it; I reckon

it was in the town rune. It nuet have been.

g— Whose mates aypeared on it?

A~ I noticedd Bill Williams name, is all I

would say was an it that 1 can remember. I voted in

his name in the column.

V Q~ Did the column of names seen to be headed with
‘ W. W. Williams? .

A— 1 dont know whether it was headed with his

name of hot; I wouldnt fiay. His name was in the

column; I wouldnt say it was in the head of it.

Q- How did you vote that ticket?

* - 11 '

 1 * I
A" I just vnted it straight"
Q~ Do you mean you voted in the circle ~~ ?
3m 1 voted it Straight.
Q~ fie ahead ané explain?
g» in the circle unfiel that column just the
. same as if yam wag 50135 to vote.

an Do you many you vnteé in fine circln opposifie
the £18,538?
5— Yes, nir, Where they had tna circle right at
the top Cf the: tinka‘or
;— There is a cirelG -- ?
AM 1611, that ié whai I any, that is What 1 -
voted in.
9~ In the circle —— (under the devise) ?
A“ 1 flont recollect the device at all. I voted
under; I didnt pay any attention to it.
Q— 30 you reacmher Bill Williams name?

. A» Yes, sir, I remember Bill Eilliams on the
column.
q- Do you knew whether or not it was tne ticket
that was known as the Improvement Ticket?
A» H0, sir, I couldnt tell you, because I didnt
pay any attention to it; didnt pay any attention to
what it was; really didnt know what it was when they
reached it to me, but I seen afterwards it was the town ,
ticket and I thought being as they had given it to me
1 would mate it“. > >

12

 i I
_ , V
GROS§_EIAEIHA£ION BX EL. $233143:—
,, Q— Do you live in tho Erestonshurg voting precinct?
A— $0, oir.
a” an; 61d yCu voio here? , , -‘
A» Juofi claim thil my voting place find vote here
all iho time.
i
3» How long have 33a live& out of the preoinct?
.43.» Well, T have liver? out of "the: precinct, it '
has been something like thfiee or four yeavo - three -
yoara'at the least. .
Q; You Say you live muout three miles down the '
river? _
A« About it; something lixe three or thzca and
l a hall; 1 gaoo; it is turoe god a half milss. I
wouldnt swear to it.
w~ gave 30a livofl Whore gnu now live since you
lived in Brestonouurg u did.you chr liv; in Tresfionsburg?
A» . I livol in the liadla Sra&k bottom ovsr here
Six yeara. ‘
§~ In the liddle Greek bottom aix yoara? '
A. YOL, 811".
Q- D15 you ever live on fine East side of the ~
river? ' I
' A- 130, sir.
= Q— Did you veto in the Eepot Precinct or did you
vote over here?
A- I voted OVer there when I lived over there,
and when I moved out fibers is where I come and done my
voting.
13 -

 K ’ 7

' g~ pig you an ever live in the Preatonsburg
precinct?
A- E0, sir, not before nor since.
3t~ Wave? 6:? in your life? _

I 5» En, sir"
;m You votofi in the Depot Eottom woe; you lived
over there?
.5in Y9 :3 , =3 3'.)" a
%— About how lrng ego?
n» It has been eonething like, 1 think, four
yeare in fierce, when 1 moved smog iron qure.
o— How fiifl ;ou cone to come CLOK to Prestonehurg
to vote when you moved flown the river?
_ A~ It Was away down to Hagar Shoal and 1 workeé up ,
here and 1 come here to vote.
Q» Why didnt you vote over here on the East
side of the river when you liyed in the bottom?
4~ I lived over there right in the preoinot.
Q~ What precinct do you live in?
A« I live in the Hagar ehoal.
¢~ Eager ohoal precinctT.
A~ Yes, sir. ,
' Q~ You come up here.and vote Just because it

is more convenient? * .

' A~ ‘ Because I worked here; I worked over here at
the Beaver Pond all the time. I never do go to Auxier.
Q» You dont claim this a8 your home, do you?

. A— No, this is not my home; I claim it for my
. 14' . > .

 1 p 1
voting $1333 precintt, alWays have.
gu Upen what ground do you ciait it for your

‘ voting precinct?
‘ Ar 1 have always vats? herfi; I never voted nu where
I else.
g~ E0¢ never difl vote mere uwtil you moved flown
iron the Fegot Bottom preéinct?
2'.“ I10.
I~ Why?
A2 Just because 1 Want to and could.
4- ton didmt claim you: rasjflence nexe at all?
Am 1110, but they navel" kicked on we voting.
. . . ' Q« Who gave you thafi town ballet?
¢~ geii, I dfint ;mow W¢3 fit was; 1 woaldnt day
who it was. 1 tell you I w;5 in a-nurry; i mat a whole
lot of corn flown here unit: tn: Lafii uni the Water
and l coma here 236 tie} my n¢re my ~~
' g- hha W1g tha Clerk 0: the electivni J
A“ I couldnt tell.
I Q2 Eifi the same man give you both hallotu?
5~ There wan three ballotg giveh to 36; one of
then was the tow; ballot, the atate ballot and the whisky
guastion was given to me at the same time.
I ‘ 1e You didnt ask for the town ballot?
A— No, sir, I didnt ask for the ballot.
Q» Did the man that wrote the ballot give them
to you? t
A* I dont know whether he give them to me, or
whether he reached them to another man and he reached
15 '

 5 1
them to no. 1 Wm; in a hurry an& 1 diont pay any
attentiona
, 4« You took the town byllot in there and votefl 1%
knowing thaf yfiu EiRHt have any right to vote in the
tow: election? -
. A~ I reaLly didnt know it was untii aftcr 1 voted,
anfl I threw it aowfl. I nevcr raifi no attention to it; I
Was in a hurry, and it wao all doubled up, gno I just
votefi it and got right on out aha fihrough 2; Quick as
i could. ,
g” V Whfit do you do new?
5},» 1 mgr}: have at 1:110 {313263. >
g» fine askefl you about how you voted?
g- 1 dont know; two or thnee askeé no.
a~ How long ago?
A“ 1 tolfl two or threw Hen tne sane day about
it? but dont Temeanr who it was or nothing about it,
because i didnt pay no attention. ‘
L~ ,Who smmnoned you to come hora and give your
doposition? ‘
Ar i Jim told me to some“
Q~ Jin who? .
A» Jin Sizemnfe; I dont know whether I was ‘
raummoned or not. ‘ '
. Q» He Just told you to come?

Av ' He told me — I met him out yonder and he told me
he would bother me some other time. and I just throught

. I would some. I didnt come to try to stick my nose in

16

 1 I!
sanebofiy @1105 business.
17 But ycu fiifi come in orfiar to tell you voted
far a cerfiajn 01353 of 0133113195 80 as tn get that
170111 fiakéfl 01‘3" 231' ’7m77“
4n 1 dnfi t3 come to Keey fron bning hutherci some
other day aboat my woxk.
.~ You aifinfi Have any Gunmcna at the 11mg?
Aw I 1015 you.
L77 35112.; T157111: 3:31:71 .311“; G ‘3
I l~ He said he had a sunnons for 16 aafi Salfi
1 would be buthared some other .ime, una asked me if
1 wouldnt come down thcre, hu1 Z iidnt cone 31:1 because
I wantafl fa. - .
¢~ Who was on the ticket?
. .
A« I coulfint hell you. ‘
g~ 30 you remanbe: wag was in the columns?
1» H0. 511, 1 flout remember who W15; 1 Giant cara
who was alcctwd, Or notnind ahout it, and dent care yet.
‘ ‘11 ' What position on the ticket was Bill Williams'
name? _
A— I fionfi Temamher.‘ ‘
Q~ Was it at the top, miadle, or where was it?

' Aw flu, sir. I fiont know where it was; I just seen
Bill Williams and knowed Bill Williams and we was always
good frienfis. . 2
Q“ You do not remember the others?

A- No, sir, I do not. I wouldnt say for sure,
but I think Chick Howard's name was on fiho column too;
2 17

 § > I
1 wouldnt say for.3ure.
¢~ flag that the way it waa Printed on there?
I A« EU“ I dont know how it was; I wouldnt say his
name Was therou
(anfi further anyetn not)
' The further tfiking of these fiapneitions'is -
» adjourned until tamorrow, Eecember 50th, 1919.
I
’// I ’/ 4' I V
25333 We . .
fientucxy.
Whareupon, Eeiendanfia introduced the Wifinvss,
5AM FRALEY, who having been firmt auiy fiwnrn, deposns
anfi gays: ,
Q~ fifate ywur Hang, age and reaidenco?
fir . Well, :33 ¢ra1ey 13 my name; 1 an - will be
34 years old fihe Slfit day of next August; Eregtonsburg
is my peat office address and also my home - haa been.
Q- Where is ynur ylace 0f residence at this
present moment?
A~ Well, it is at the mouth of Bull creek ~
V Bull Creek station right at present.
A Q- How fér is that from the City of Prestonsburg?
A- Well, sir, it is Said to be three miles by
_ rail. ' '
Q- How long have you livefi at the mouth of Bull? ‘
18 '

 4 I
A» 1 verb up there on the 18th flag of last May,
1 believe.
the 13th of ‘

g— Eon mean kfiifixex joy, 1919?
.:1.“ 1’5 ,», oil". ,
g» In what voting greoinct iz the mouth of Bull?

. A" Yell, sir, i cant say; i never learnei just to
dtofe for sure, hit 1 helievo it 1% in 115519 Crook

. over here — Jijile Creek fireoinot.
am the ;lmca where you now live 13 ontolle of the
corporate limitfi of the City of Erootooeourg, io it?
A» Ego, sir, I SuprSB oo.
4» lo you QWu an; gropert; in the City of
Preftuidblfg?
V A~ E0, I dont own any property.
1» What was goo? purpose, 3w. yraley, in noving
. ' to the mouth of Emil? '
3m Tell, I goof took e motioo La go my there and
raise no a garflen one truck yetoheo. I'wee figoring
on doing this janitor work out here at the school house,
and figuring on coming back right immediately this fall
and they woulfint gay the Wages 1 woe figuring on getting,
and I diflnt move back right at that tine.
V ' Q« gram whom 316 yoo'ront up there?
A— John Hopkins.
Q« How long did you rent that place?
A~ Only by the month.
4— You state though you have lived there einoe
last May, together with your family? ,
. 19 . V '

 l '7
A— Hes, sir.
g~ And that you own no preperty im the City of
Prestonsburg?
4;“ I 'Xefi- ,
i Q“ Did you vote in fihe Novovhov election, 1919,
in the City of Preotonshurg?
A- Yeo, oir. l
H ’11— Are you fiflfllfj.n‘li<~'}fi wifh the: cartfiifiafies in that
election for City Council?
A~ $03, sir, I think I on. i
R— flow when difi you vote for City Council in that
election?
A~ Well, 1 voted for the Improvenent Eicket; the
style I believe was improvements, the best I remember. ,
Q— That was the device under which you vovefl?
A“ 12:91].r sir, I dont remember what it woo just
now; I was in a hurry; I notioefl but I cant state; 1
just never paid no attention to it.
Q- To refresh your memory, I will ask you if it
wasnt a burning house device? '
{Plaintiffs object ——
A» ' Well. sir, I cant state.
i 1- Name some of the oandidateo that run under the ‘
device where you voted? ’
A— Well, I believe it was martin Powers - or Martin
Leete, Bill Williams, Chick Howard, 1 beliuve; I dont
Juot remember now, I coolant call to mind who all.
Q- Mr. Eraley. during the time you have lived
20

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' in the City of Prestensburg, did you live within the
' carporate limits of the City?
Ar Yes, Sir, I suppose so. : I
9» Where did you live?
A— Well. I livei at different locations here; '
I Wfifi located on lowerr cross street out here and on the_
let up there in What is Callefl irimbls Hollow out there.
Q— Bren what place in Erestonnburg did you move
I when you went to the mouth of Bull?
A~ gell, air, it was from the little place out here
at Ir. Jim Gables, I believe he owns it at the present
time; the same street as lower cross street, it includes
on up the hollow out yonder afi the uppex end of town and
goes on up Trimble Branch out yonder; they call it cross
street.
Q~ Have you paifl corporatiwn tax this year,
1?. :raley?
A~ E0, sir, I havént paid. It was presented and
tpld what it is. I have been exemptea from paying tax,
so I dont remember now just exactly who it was collecting
taxes last year. I was sick~and wasnt making no money,
and he just went and told B. Howard. I believe. I aint
I sure — some fellow; it WaS Greeley Thompson, I think.
took the case up before the City Council and they
V exemptea me, but I notice they haFe got my name on the

‘ tax books this year. It was presented for payment the
other time, I was down and I wasnt ready to meet it just
then, and I have been down for some time; have been‘ -
crippled. V -\

. ‘ 21 . .

 3 o ‘7
93038 @FAZlfilglggmgg;4gimggyflhflfiz
Q~ How long have you lived in the city?
A- flell, sir, I have livod core all my life,
what you might Say. I couldnc state exactly toe
, yearo. l have ween ooving arouod once in a while,
changing around, not over a yeor a L a time, something
like twenty years, 1 gueoo ~ fifteen or twenty.
Q~ float is, it Has moon tool long since yOu
_ first lived in the fiityfi
A~ I Ken, Sir, l have mean more Chat long; I ised
hero; lived here all my liio.
Q" How mucn o; that time have you livefl out of
the city? '
A* ‘ out of the corporatiou,.l have liveé out some
gew years; i couldnt state Just exactly now many.
Q- 31d you ever own any property in the city? \
Am ooll, no, air, 1 cont taiux I ever did. ‘
Q— float lo your ucougationfi ‘
A— Well, I havent any occupation, I couldnt say ‘
for certain; I have been dioabled for several years. ‘
I aint worked at any occupation permanently; 1 have been ‘
at first one thing and another, generally farming. working
at public: works and first one thing and another.
Q- Have you got a family?
A- Yes, sir. .
. Q- How many in your family? i -
A- Wife and two boys.
Io— You say you havent been working at anything
particularly? 22 ‘

 '9 7
A- Well, no, 1 have been disabled; I was in the
army and got disabled. I had ynaumonia or Pleurisy,
and mavent worked in ten or twelve years to amount to
/ anything till the lasfi year or 80.

Q— Wnen was you in the army?

A~ 1906.
as How Old are gaur two boyS?

’ A— One 05 than ia inn yenru nia an? the ofiher ’

seven; will he seven Thin cumihg :fihru Ty.

Q~ 30 you awn any preparty of any sort?

a— Nothing right at pTGSnnt.

g» 318 you raiae a crap on Emil Dr Ft The fouth
of Full where you live HOW? .

A~ I raiaed a truck patch up thaws Where I am
located now — beans, corn, potatfloes and so om.

_ Q- Did anybody come after you or Send after you

to cofle to tha election?

A~ No.

;« How did you get down here?

A~ I come on the train.

Q- Who paid your fare?

A— I paid itmyself.

q— Did you pay your fare both ways?

A” I suppose so.

g— you suppose so?

, ‘ A~ I think so. I dont know of anyboay else that

would pay it.

Q— Who was you with on eledtion day?

' 25

 5 7
A« Well, 1 dont know; I Was wit: @ifferont
parties; I Rent know who all.
a” Who gave you the town bullet when you went
to vote? , -
l» yell, sir, 1 Juli Va it was 51o LaviRSOH;
I aint sure Whetgor no Woo the Glerg or not.
*4" It ) “6116; Clark: 1101‘t'r33w2"!
Ll jog, alga. ‘
'.I';- 171:} 3.1-3 (510.51% .iklfl ”v [nit-gilt it?! vats; in the town
election? L
A~ I believs Lee Tease gueafiioneL it ani Lartin
‘ Powere 393; ha ha; gel 3 vote alright. foo first of it
W33 319;; :;:3.‘:£‘¢{ ”:9 i L ‘1';1;..’.;f1:>,{i tar-XS 35111015, and I says
well if.” I have got :-‘ vote is". it ‘;:-ill take it, and Lee
Vance says he raisefi my :nfl says float live~in the
ooryoration, ani Carlin Sowera says Ext yes; he has got a
vote alright here, 5:3 Sin 3131 roeeno; the asllo? over
- and I went on mnfi votefi. >
Q‘ lid you claim this as your home at that time?
A- Yes, Sir, figuring l woo up there temporarily.
Q~ Have you voted regularly in all the elections
. auring the laot twenty years, substantially all of them?
I A- Tell,.sir, brinoipally all of them; I hove
1 been\away sometimes; 1 dont know just GXactly; I coulfint
Say how many I missed.
Q- Where did you vote during all those times
you votdd?
A~ Out here at the mourt house in Prestonsburg;
24

 ‘ L) 7
g- Lid you ever vote anywhere else?
3— I dont know as 1 ever oid; not since I have
been a housekeeper. I think I have voted right
here at this place.
;- ' What was it you any you went up to Bull for?
A- I went on there to raise no some truck - garden.
Q, I Did you have an arrangement to do the janitor
work at the school yore leet fell?
7 A~ That Was the unoeretnnding. Harry Cooley told
me to go up there and raise me a good garden and come
back — raise enough corn and beans to do me end come
book down and the job would be waiting for mo.
g— He tolfl you that before you went?
Am No, I hafi already went up; i think I haé moved
upthere.
2— Was there any arrangement about the . '
‘ janitor work before you went?
A’ I was ooing the work then, one it was completed
for the season, and I was figuring on doing it again
this year.
, Q— And when you moved. you moved with the intention
of coming back?
A— That was my intentions of it this fall.
- RE EIRECT EXAIIHATION BY ER. WALLEEL;
, L- 5 Mr. Freley, have you engaged in any other kind
. of business except truck farming since you have been up
to the mouth of Bull? ‘~
‘ 25 .

 y 7
A~ Well, 1 have been into different - I have been
working some at public works; 1 sold 9 few grooerjefi
there at the place. '
;~ I you nrfi a grocer; Store up there? _
$~ a littja hetah of afuff; coulaut onus? it
a groaary Store; a few srfiieleS in %he grocery line.
4~ Wnion Una of the tiakatu was flartin Towers
intovestefi in intnat eluciion?
¢~ X cculfinf state; 1 flULt know which tiehet
he was interestea in at all, whether 5TH one or not;
I reckon he was“
g~ whet precinct 616 Your neighbors up around
the mouflh of Bull vote in in fihat sane Pléotion?
A~ Weir; sir. i unfit knew whether - I believe I
understogd some of them tn say thay always voted here
at the court heusa, and was figuring an coming anfi _
voting and aose want to the mauth of fiiddle Creek, 1
think. I always voted out here at the Court fiouse.
g~ Where did you and your family reside on the 4th
day of Kovember, 1919. That is. the day of the election?
A~ LE9 was at the mauth of Bull Creek. ,
Q- E

' RE cams; mmmmzexwzg 3.1122 QWIR- ,
%- Talking about working at different places
since you moved up there, didnt you also work at .
£re§tonsburg?
A— Yes, sir, I worked here ac Préstonsburg the
‘ biggest part of the time - cleaned up this park down here -
lot.
.' I.. ‘ ’

 k ’T ‘
Q- Eon always claimed Prestonsburg your hooe and
> voting place?

A~ Yes? sir, that was my intentions. ’
Q» HT. Eroley, I believe you stated when yoo wont

. to the mouth of Bull that it woo your intention to return
to Prestonoburg in the fall; what is your intention nOW?

(E‘lointii’fs object __ -

A- 1 cont state just now. I an liable to be

' book down hero before toooryow; 1 cant tell.

(And further sayoth not)
Whereupon, defendants introduced the witness,
. JOHN HYIEfi, who having been first duly sworn, deposes

ano says: Y
Q‘ State your none and age?
a- John B. Hyoen; 28 years old the also day of this
Awril coming.
Q- Whero do you live. or. Hyden?
A~ I live over here on the hill on the land

' of the morale Creek.
Q~ Po you mean the Middle Crook mines?

' A- Yes, sir. right above them.
a— The Middle Creek Coal Company tipple? '
A— Yes, sir. ‘ \

27

 k. 7
@~ How far up on the hill do you live from
the railroad?
A— I dont know just exactly the distance it is;
probably it is 150 yards; it might be a little further,
and might not be so far.
{« Is that inside the corporate limits of the
City of Prestonsburg?
I -’:~- I dont lino"- ”rhether it is or not, that is,
I dont know where the corporation lines is; I dont know
where it is at. '
Q- Did you vote in the Hovcnnor election held '
Novenber dth, 1919? .
A- Xes, sir.
Q— Where did you vote? ,
A— I veted over in the bottom.
' a— ”'.'-mat election did you vote in?

A— Well, I voted in the county race, 1 voted in
the whisky race and I voted in tho xxxtnxxnnnx street race.
Q- You mean by the Street race you voted for the
candidates for Council of the City of Prestonsburg?
A- Yes, sir.
Q— What ticket did you vote in the race for council? ~
A- In the street business? Y
Q- Yes, sir?
A- I voted in the Improvement Ticket; I call it

' the burning huilging.
g- ‘ You mean to tell the Court then you voted under
the burning house device?

_ A— Yes, sir, I do. ‘
' 28 . /

 l T
L~ Elfl you make One or0$s or several crosses?
A~ I just mafia onfi Groga.
’ g» In the circle under the burning house device?
Aw Yer:a Sir.
. qw 30 you Eur? who vows TUF caxfljflafiwg under that
' tiekefi, on fhnt ticket?
A~ Well, my unfleral&ndinf WES thafi Chic; Yoward
waS one man thai was on tnere, uno nomswne else fhafl
i knewed was on there, but {he five? of fhe thing, the
reason why 1 vvted *0? fha Imyrwvement ¢icket Was this:
1 voted for the improvenmnt of tne town simyly heawuse .
it gives men work, emf 1 a? x nan fhat works by the day
for “hit I get, anfi I jug? figured this way; that it I
wasnt anythfina to me; I fififl no lotn to gave and that I
woulfi vcte for the work” What i3 echtly itc : was more
I for the work than I waS for the canfiiéytes.
02%2.“ll“14331‘ti£3.;:‘VWWE; '
Q- How long have you lived where yen now live,
5?. Hyden?
3r Eell, I have lived there since - I have been
living there, I think, ever since along in last Spring;
I wont say for certain, what time, but I have been working
over here on the works two years the 15th day of next \
A month. I think I have been there two years the 15th
flay of next month. I wont say for certain, and outside
of about four months I have lived over there in the bottom,
I have lived in them two little shantiefi over on the hill
29 V

 ‘y r .
in that one above the motor raud. ‘
Q You mean you have beau mvar there in t