"No, sir; it was not the day of the constitutional election; it was the

day on which the election, I think, of officers took place, and I know

that I was--or at least my impression is that I was probate judge at the

time; that is my impression, that I was probate judge at the time."

"The officers were elected on the same day the constitution was voted on.

So you could not have been a probate judge until you were elected and

commissioned."

"No, sir; my impression is, that it was after I was probate judge that

that occurred. I think I told him that by virtue of the office that I

held, if he did not desist from this--I know that was my assertion to the

soldier."

"Was that a proper act for an officer, a conservator of the peace?"

"I do not know that it was, but the acts of violence going on, I thought,

demanded it, and the sheriff of the county had left,--and left these

soldiers there to do just what they pleased, and they were drunk; and when

I asked them several times to desist from this thing, and this fellow

clapped his hand on his pistol,--and I had a large derringer in my pocket,

and I told him he should do it."

"You drew your pistol on him?"

"Yes, sir; I drew my pistol."

"Was it your duty to arrest him?"

"Perhaps it might have been, sir. I did not think so; in the midst of that

excitement, I did not think so, sir."

"If a peace officer set such examples, they cannot complain that they are

followed by others."

"Yes, sir; that may be all true, but the peace officers had all forsaken

me and I was there, either to let the election go by default or else to

pursue that course,--and I resolved on that to get him away from there."

"Would not the course have been just as effectual if you had arrested him

in the name of the law?"

"I think the parties around him would have resisted arrest."

"Would not they have equally resisted your firing upon him?"

CHAPTER SIXTEEN

IN TUSCALOOSA

Two young men belonging in the hills of Tuscaloosa county, were journeying

in a wagon, bound homeward from a trading trip to Northport (across the

river from Tuscaloosa). Passing a negro lad, they jestingly pretended that

they would kidnap him. In alarm, the boy fled to his home and informed his

father that he had been mistreated; and the man armed himself with a gun

and pursued the unconscious young men. Overtaking them, he leveled his gun

menacingly and cursed the unarmed and defenseless white men. That night

they, with some friends, repaired to the negro's house to chastise him. He

had assembled a number of armed friends in anticipation of an attack. He

had loosened some of the flooring, and through the opening thus provided

crawled to the edge of the house, and, emerging from this position, crept

unperceived to the near-by bushes. While the whites were parleying with

the inmates of the house, he discharged both barrels of his gun, and young

Finley fell dead. Shots from the house succeeded. Attacked front and

rear, the whites withdrew in disorder. News of the occurrence quickly

spread far and wide.

Next day one of the negroes implicated was caught and killed. Later,

another, who had been captured and incarcerated in jail at Tuscaloosa, was

taken therefrom by a band of men and executed. The ringleader escaped

temporarily. Twice in pursuit of him steamboats were stopped and searched.

The fugitive had been on one of them, but debarked at one of the landings.

About twelve months after the unsuccessful chase, the fugitive was traced

to a plantation in Hale county, where the habit of wearing a heavy

revolver even while at field work rendered him an object of suspicion, and

caused an investigation which revealed his identity. His dead body, weapon

in hand, was found one day on the roadside, and his taking off was

associated in the minds of the people with the brief visit to that

neighborhood of two white men, who departed in the direction of Tuscaloosa

county. Consequences of this affair were a change in the office of

sheriff, recall of troops, and other tragedies, but the ultimate effect

was a better understanding between the races.

CHAPTER SEVENTEEN

A SERIES OF TRAGEDIES

In Sumter county affairs were approaching a climax when Enoch Townsend, a

negro, about dark one evening waylaid and repeatedly stabbed Mr. Bryant

Richardson, a planter, and fled after Mr. Richardson, despite his wounds,

bravely struggled to overcome his assailant. A warrant for the arrest of

the assailant issued, and officers sought him on the plantation of Dr.

Choutteau.

Choutteau was of French descent and migrated to Sumter from Louisiana,

where, it was rumored, he had been involved in serious trouble. He is

described as a swaggerer. During his early residence in Sumter he

expressed intense dislike of freedmen and lost caste with the whites by

seriously advocating wholesale poisoning as a means of relieving the

county of the surplus of its negro population. Later he yielded to the

temptation of office, and identified himself with the league and gained

odious notoriety by his radicalism. He had constantly about him at his

plantation armed negro guards; the league met there and picketed the roads

thereabout. At length he became intolerable.

To this plantation officers with the warrant of arrest repaired and

searched the cabins in the negro quarters. After the search was nearly

completed, a negro scrambled from the chimney of a cabin to the roof,

sprang thence to the ground and fled. Disobeying the summons to halt, he

was fired upon by the posse and killed. Poor fellow! he was the wrong man,

and no one ever learned why he acted so like a criminal. The dead man

proved to be Yankee Ben, president of the Loyal League at Sumterville.

(The fugitive Townsend was arrested by two law-abiding freedmen and lodged

in jail at Livingston.)

The killing of Yankee Ben excited the negroes, and a meeting was called at

Choutteau's place for the purpose of formulating plans to avenge it. Sixty

armed negroes assembled accordingly on Saturday, but were dispersed. On

Monday one hundred and fifty met at Choutteau's. Simultaneously, twelve

white men went there to hold an inquest on the remains of Yankee Ben,

which had previously been interrupted by the proceedings narrated. On the

latter occasion Choutteau refused to permit an inquest unless by a jury

composed of negroes. In this his dusky adherents supported him, and were

insulting in demeanor. One hundred whites reinforced the jury and

scattered the negroes. Thereupon Choutteau withdrew his objection.

Moreover, he promised that if permitted to remain on his place undisturbed

for a few days, he would leave the neighborhood, adding that he had for

some time contemplated the move. He was told that what he purposed to do

was unnecessary, and that he was required only to cease his turbulent

practices.

Choutteau moved to Livingston, and shortly afterward his plantation house

was destroyed by fire. He then posed as a victim of Ku Klux incendiarism,

magnified his losses, memorialized the legislature for reimbursement,

published exaggerated stories of the occurrence, and vociferously

threatened revenge. He was regarded as a menace to the safety of the

community in which he had taken up his residence.

Shortly after midnight August 13, 1869, his house was attacked by a small

band of men, who forced an entrance into the hall. Doors on each side gave

entrance to sleeping quarters, and an invader broke out a panel of one of

them, struck a match and thrust his face into the opening. A gun was fired

from within the room and the man fell to the floor. The weapon was

discharged by a German named Coblentz, whom Choutteau had hired as a

guard. The intruder's head was blown to pieces, and the entire brain, with

one hemisphere intact, together with the mask the unfortunate had worn,

was found on the floor next morning. When the victim fell back from the

door, a comrade sprang to the vacated place and fired several shots at

Coblentz, inflicting wounds from which he died an hour or so later.

Believing they had killed Choutteau, the band departed, taking the fallen

comrade. Blood drippings marked for some miles, to the river, the trail of

the retiring invaders. The negro ferryman testified that they ferried

themselves over the stream.

The dead man's identity was never disclosed to the public, but there was a

rumor that he was a young doctor, and that his remains were interred by

companions, who sent to his home his watch and other valuables which he

had about his person, with information regarding the place of burial. In

some unhappy home, a mother, wife or other loved ones long mourned the

fate of him who had died so tragically. Choutteau did not tarry. He was

given employment in Washington, and disappeared from view.

The party which visited Livingston that fateful night divided and a

detachment went to the house of George Houston, one of the negro

legislators. When the firing began at Houston's home, someone sprang from

a window and fled to the brush. Thinking it was Houston and that he had

escaped, this band reunited itself with the others and all departed. It

was Houston's son who escaped. Houston himself was wounded, but recovered,

and left for Montgomery, returning no more. Houston was accused of having

repeatedly uttered the threat that if the whites did not cease their

regulating activities he would have Livingston laid in ashes.

On August 8, of the same year leading citizens of Livingston received

telegrams advising them that one hundred armed negroes, en route to

Livingston, had stopped at Gainesville, in the same county, and purchased

quantities of ammunition. Very soon thereafter Captain Johnson, commander

of a steamer on the Tombigbee river, telegraphed to Livingston that in

steaming up the stream he had seen groups of negroes on the banks,--all

with guns,--who said they were going to Livingston to attend a nominating

meeting, to be held next day; that they had been ordered to attend with

arms. Another dispatch was received from Eutaw saying that Congressman

Hays had engaged transportation next day for one hundred negroes.

The white people of Livingston, on receipt of these dispatches, bestirred

themselves and summoned reinforcements from other points.

The night preceding the day set for the meeting the negroes camped outside

of town. Next day, when they entered Livingston, they were confronted by a

body of white men, who told them they would not be permitted to retain

their guns while in town and must take them back to the camp. The negroes,

after some disputation, on learning that the congressman would not be

present, retired. Burke, the negro legislator and president of the league,

went to the camp and harangued them. He urged them to return to town with

their guns and resist any interference that might be offered. He wrought

them into a state of excitement.

One negro, Hayne Richardson, refused to lay down his gun, and was shot on

the road some distance out of town. The report of the gun attracted

attention both in town and camp, and suddenly a party of horsemen dashed

toward the latter, firing their weapons. The sudden attack abruptly

terminated Burke's fervid oratory and his audience fled. Some were shot.

Richardson was badly hurt, but escaped and left the county. The following

night twenty horsemen surrounded Burke's dwelling. He escaped from it and

fled, under fire. Early in the morning his body was found stretched in a

path leading to the dwelling of his former master.

Price, the man of multifarious official employment, called the meeting,

and the negroes who testified in the investigation said that his runners

told them he directed that they attend with guns. Price took final leave

of Sumter before the shooting commenced.

Congressman Hays said he was prevented from attending by sickness of a

member of his family. He disavowed any responsibility for the negroes

going armed. "I only want to state this," he said, while testifying in

Livingston, "in connection with that matter--I do not know that it is

worth stating: that I understood from friends of mine here that there was

a regular mob down there to assassinate me the very moment I got off the

train. I heard that afterward,--that if I had come here, I would have been

killed instantly. If I had been, I would have been killed innocently."

Congressman Hays was unfortunate in being placed in alleged false

situations. There was another memorable occasion when appearances were

against him, however innocent of evil designs he may have been:

There was to be a meeting at Boligee, in Greene county, and Colonel J. J.

Jolly, of Eutaw, was invited to address the gathering. The Boligee

Democratic Club sent a committee to Major Charles Hays with an invitation

to discuss jointly with Colonel Jolly the issues of the campaign. The

invitation was accepted. When Major Hays arrived there was gathered a

party of armed negroes. According to his own statement under oath, Hays,

in relating the incidents of the abortive meeting, said that a half-hour

after his arrival "there came some fifteen young men riding up, with

double-barreled guns and a few hounds following them. I saw this

demonstration at once and I came to the conclusion that it was gotten up

for a row." He had been present for a half-hour and was all the time aware

that a crowd of armed negroes was gathered, but said nothing in

remonstrance, but as soon as the party of young white men rode up he

immediately stepped to the door of the building in which he was waiting,

and said to the negroes: "You have come here with guns in your hands, and

you know that I have expressly said to you that I would never speak to you

on any occasion whatever when you brought arms to a political meeting at

any place, and I shall decline to have anything to do with this matter in

any way whatever." Then, turning to the white men, "I hope, gentlemen, you

will excuse me; I'm going home."

CHAPTER EIGHTEEN

DISAPPEARANCE OF PRICE

Price was the most turbulent and desperate character among the radicals.

One of his own ilk declared that Price had not brought with him even so

much as a carpetbag, but was soon grasping everything in sight. After the

trouble in Livingston, just described, he fled to Meridian, and continued

there to be a disturbing element.

Lauderdale county, Mississippi, of which Meridian is the capital, and

Sumter county, Alabama, adjoin. A negro of Livingston went to Meridian to

obtain some farm laborers. On his return he reported that he had been

assaulted by disguised negroes, in whose leader he recognized Price. An

officer went from Livingston to investigate, and was assaulted by Price

and others. Price was arrested by the Meridian authorities, and when the

trial was due a number of Alabamians were gathered in that town. The trial

was to be before the mayor. Some of the county and city officials

requested the mayor not to permit the trial to proceed, because if he did

there would certainly be an outbreak. In compliance with the request, the

trial was postponed and Price permitted to escape. He never reappeared

and nothing is known of his subsequent career. But he entailed trouble on

the people, and there was a bloody sequel to his arrest and release.

Negroes held a meeting and resolved that they would repel with force any

future "raids" by Alabamians. After the meeting adjourned an incendiary

fire started, and leading negroes at the scene discharged revolvers

recklessly. This caused much excitement, and some colored men were

arrested and held under guard. Monday morning at eleven o'clock white

citizens met and adopted a resolution asking the mayor to resign and leave

the city. At three o'clock the trial of the negro prisoners began. Many

Alabamians were in town, among them, according to statements, the noted

Steve Renfroe, of Sumter, and Joe Reynolds, of Eutaw ("Captain Jenks").

The trial or investigation was before a justice named Bramlette. A white

witness concluded his testimony and was about to retire, when one of the

accused negroes, Tyler, insultingly asked him to continue on the stand a

few minutes, as he wished to impeach his testimony with that of some negro

witnesses whom he would introduce. The witness picked up a cane which was

lying on the table and moved toward Tyler. A pistol was fired from the

direction of that part of the room in which Tyler and a number of others

were grouped. Bramlette sank back in his chair, dead. Firing of pistols

became general and there was great disorder and confusion. Clopton, one of

the negroes under arrest and charged with incendiary utterances, was

wounded and thrown from a window of the room, which was in the second

story. He was taken into the sheriff's office, and in the uproar there

killed. Tyler escaped from the building and hid in a shop some distance

away. Pursuers found and killed him. Few doubted that he fired the shot

which killed the justice.

Excitement continued through the afternoon. Three other negro leaders were

arrested and placed under a guard for protection. Two nights afterward

they were taken from the guards and executed.

The mayor abandoned his office and left the state. An obnoxious member of

the legislature was sought, but fled and did not return.

One of the utterances of Tyler at the negro meeting recalled a remarkable

incident in the history of Meridian. In a drunken brawl an Indian

belonging to the Mississippi Choctaw tribe was killed there. A band of his

tribesmen, in a spirit of retaliation, visited Meridian and killed the

slayer. Tyler referred to this action of the Choctaws as an example worthy

of emulation by his people.

CHAPTER NINETEEN

RIOTS IN MARENGO

In the campaign of 1870, a former slave owner was one of the Republican

candidates for office in Marengo county, and made what was regarded as an

inflammatory speech to negroes gathered at Shiloh, a hamlet, situated in a

section of Marengo county largely populated by negroes. A few white men

were present, and between them and the candidate an angry controversy

arose. The immediate result was cessation of the speechmaking and

dissolution of the meeting. The orator was escorted by white men to a

buggy and departed in safety. He was a pugnacious man and had a record of

at least one victim to attest his prowess in rencontre. Some days later he

repaired to Linden, the county seat, accompanied by two negro men,

ostentatiously bearing a United States flag. There had assembled a great

crowd of negroes, who were, as usual, armed. With him on the platform was

Captain C. L. Drake, the man of many offices, and above them floated Old

Glory. An offensive reference to the disturbance at Shiloh provoked a

quick retort from one of a small group of white men who were listening to

the speech. The orator paused, dramatically removed from his pockets his

watch and purse, and from its fastening a diamond pin, handed them to the

sheriff, with the request that he convey them to the candidate's wife, in

the event of a fatality, drew a pistol, and, remarking that he had been

mistreated and would "fight it out," descended from the platform. Negroes

with guns sprang into double ranks, enclosing him on two sides. The group

of whites promptly seized and disarmed him, and meanwhile white men with

arms were rushing to the scene from all quarters. Somewhere on the

outskirts of the throng a pistol was fired which caused a stampede in that

quarter. The negroes about the platform, confronted by a line of

determined whites, yielded and retired from the scene. Drake fled to his

office and thence to tall timber. The candidate, forsaken by his

followers, asked for protection, and was hurried into a room of the

court-house and locked in with two or three citizens. The angry crowd

outside was clamorous and the beleaguered man, rejecting all suggestions

of plans for flight, himself finally proposed as a means of quieting the

uproar to sign a paper relinquishing his candidacy for sheriff and

withdrawing from politics. Duplicate copies of the paper were drawn up and

signed; he retained one of them, and the other was taken outside and read

to the people. It produced the desired effect. The candidate was placed in

a buggy and, accompanied by an escort, proceeded to his home. And thus

ended "the Linden riot." But the candidate was irrepressible and speedily

repudiated his act of self-abnegation as having been done under

intimidation.

He spoke at Belmont, a small settlement, and became involved in an affray

with a resident. This created a general disturbance, in which the meeting

was broken up and the negroes sullenly retired from the scene. They

threatened to burn the place, and a white man was shot at from ambush. So

unusually hostile and aggressive were the negroes that warrants issued for

the arrest of certain of their leaders, among them Zeke High. There were

posted notices of a meeting of negroes at Belmont on July 5, 1870. White

men in considerable numbers assembled there on that date, and the meeting

was prudently postponed. A negro was whipped that night, and next night he

assembled at his house, in a dense swamp near the river, a number of armed

friends. A scouting party of whites, seeking information respecting the

purposes of the negroes, approached their stronghold in the darkness of

night; one of them (Melton) entered the yard and was fired at. Melton

dropped to the ground and feigned death to escape another volley. Both

sides, thinking he was dead, ceased firing, and the whites withdrew to

give the alarm. A warrant of arrest was placed in the hands of an officer,

but he was unwilling to attempt to serve it at night. A young man named

Collins, bold and fond of excitement and adventure, volunteered to serve

the warrant and was duly commissioned. Collins, with three companions,

approached the house, but before he had time to summon the inmates to

capitulate, a volley was fired by the latter and Collins sank from his

horse in death. Two of his companions were slightly injured, and the

party, after returning the fire, retired. This occurrence created intense

excitement and indignation. Whites gathered from the surrounding country.

The negroes were greatly reinforced and fortified a position in an almost

impenetrable part of the swamp. Some of the whites favored an immediate

assault, but other counsels prevailed, and the sheriff, with a small

posse, proceeded to the scene and demanded Collins' body. The demand was

refused. Next day the sheriff rode into the midst of the mob and again

demanded the body, and got it. A few hours later the white forces made a

quick and determined forward movement to dislodge the negroes from their

almost impregnable position, and found it abandoned,--the negroes had

disbanded and fled in terror. This terminated "the Belmont riot"; but it

had a sequel in the retributive death of the negro leader, Zeke High, who

boasted that his shot killed Collins. On his own boastful confession High

was arrested and lodged in the Sumter county jail at Livingston. September

29 a party of mounted and disguised men from the direction of Marengo

forced the sheriff to surrender the jail keys, entered the prison and took

High from his cell, conveyed him a short distance away and hung and shot

him to death. This High was a desperate and dangerous character, and even

when seized by his executioners fought ferociously. When the leader

entered the dark cell in which High and three other prisoners were

incarcerated, he was assaulted and struck in the face with a heavy piece

of furniture, the blow dislodging several front teeth.

CHAPTER TWENTY

KILLINGS AND RIOTING IN GREENE

In 1870 Eutaw, the seat of government of the rich county of Greene,

contained a population of 1,800 or 2,000, and prospered greatly in trade

with farmers in the surrounding country. It was a typical Southern

court-house town,--busy in fall and winter, almost dormant in late spring

and summer. Its men were among the earliest to volunteer for service in

the Confederate armies and latest to retire from that service; they were

also amongst the earliest to organize resistance to carpetbag rule and to

throw off the yoke.

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