Then appears an item "By cash, Mayfield," with a line running over to a figure which seems to be $325.00, under the figures $335.60, and the total of $660.60 set down. These figures are all scratched through and over with pencil marks, as though an effort had been made to eliminate them, and it is impossible to copy it exactly accurately herein.

Under the item $332.45, above mentioned, are the figures $350.00, and then the total of $657.45. This is also badly scratched over.

Mr. D. E. LYDAY, called as a witness by relators, having been duly sworn by the court, testified as follows, to wit:

Direct examination by Mr. NICKELS:

Q. Your name is D. E. Lyday?-A. Yes, sir.

Q. Where do you live, Mr. Lyday? A. I live in Dallas.

Q. How long have you lived in Dallas?—A. I have lived in Dallas about two

years.

Q. Where did you live before that, Mr. Lyday?-A. Before that time I lived in Fort Worth.

Q. Were you in Austin during the first half, and later, of this year, in connection with Mr. Mayfield's campaign? A. Yes, sir; part of the time.

Q. In what capacity?-A. I was his campaign manager or office manager. Q. Where did you have your office or headquarters?-A. In Mr. Mayfield's office in the railroad commission.

Q. Did you have any office or rooms rented anywhere else?—A. No, sir. Q. Of course you didn't have to pay any rent on the capitol rooms?-A. No, sir.

Q. You had no connection with any other headquarters or office?-A. No, sir. Q. In a general way, what was the scope of your duties or what duties did you perform? A. Well, I had charge of the campaign headquarters at Austin, and looked after the correspondence, and in a general way sent out literature and looked after the formation of clubs to some extent; however, there was very little of that done.

Q. Did you have an office force; you naturally had?-A. Yes.

Q. As best you can remember, give us the names of the persons who worked under you there in the headquarters?-A. We didn't have a regularly established office force, just employed help as we needed them, from time to time.

Q. From memory, I want the names as best you can recall?-A. Miss Eula Cage, a part of the time, and Miss Moon and Miss Bouchard, and one or two others who worked at times; their names slip me, right now. Some of those would work two or three weeks and some worked a month or two. We had no established office force all the time.

Q. At any time did you have more than two or three?-A. About three, I think, was the most that we had. There might have been two or three days at a time that we had as many as four.

Q. Did anybody voluntarily help in the headquarters without being employed? A. Yes, toward the last of the campaign they did.

Q. Who was that?-A. Mr. Hunter came in and helped quite considerably. Q. J. L. Hunter, generally called Lynn Hunter?-A. Yes, sir; and a gentleman named Ogden.

Q. What are his initials?-A. I can't recall. He lives at Austin.

Q. Do you know what his occupation or business is?-A. No, I don't know; I think he has some farms, or something. Then there was Brother Shuttles, an old Methodist preacher, he worked some voluntarily, toward the last of the campaign, T. E. Shuttles.

Q. Anybody else that you recall?-A. No, I don't recall anyone else.

Q. Did any of the employees in the capitol assist in any way in carrying on the campaign?-A. Well, I can't say that they did. They came in there very frequently, a good many. They were very friendly to Mr. Mayfield, most of them.

Q. I mean who worked in the headquarters and wrote letters.-A. No, sir. Q. As nearly as you can, fix the time when Mr. Hunter came there.-A. Judge, I will take that back. I believe one or two young ladies did come in and voluntarily wrote letters at various times--wrote a few letters occasionally.

Q. Those people you mention volunteered and you never had to pay them any thing?-A. No, sir.

Q. As nearly as you can, fix the time when Hunter appeared on the scene.A. Mr. Hunter was in and out of campaign headquarters very frequently all

through the campaign, and along toward the last of the campaign when I went out to make some speeches Mr. Hunter stayed five or six days then.

Q. Did Mr. Hunter have charge of the headquarters on that occasion?-A. No, sir; Miss Cage had charge. She was the file clerk and had charge of the office force.

Q. In a campaign headquarters, however, questions of judgment arise, and I want to know who it was that really had charge to run the thing while you were away.-A. I was not away until the campaign was practically over, and we had sent out practically all of our literature and had the work practically done before I did any speaking.

Q. Regardless of what it was, who advised Miss Cage and the office force while you were away?-A. Well, there was nobody especially for that purpose. All our work was practically done at that time. Mr. Mayfield very largely managed his own campaign.

Q. Who is the first person who suggested that you become Campaign Manager? A. Mr. Mayfield.

Q. Did Mr. Hunter?-A. No, sir.

Q. Did you ever talk to Mr. Hunter about your being Campaign Manager?A. I never met Mr. Hunter in my life until after I had been down there about a month.

Q. You knew that Mr. Hunter was, in a way, carrying on a campaign himself in behalf of Mr. Mayfield?-A. No, sir.

Q. Was he doing anything other than being in and out of the headquarters during the campaign?-A. No, sir.

Q. Except to be up there?-A. No, sir.

Q. Where did you have the campaign printing done, Mr. Lyday?—A. I think it was mostly done in Austin.

Q. A. C. Baldwin & Son?-A. Yes, sir; most of it.

Q. Who else?-A. I don't recall-Steck, I think.

Q. Did Steck print any circulars or pamphlets?-A. I don't recall any at this time. I think it was stationery.

Q. Do you recall anybody else besides Baldwin & Sons and Steck?-A. No; I don't, right now. I don't know whether any other was done or not.

Q. Describe in a general way the bulk of the printing that was done by Baldwin & Son.-A. It was campaign circulars and stationery and stuff like that-circulars that we got out boosting Mr. Mayfield's candidacy.

Q. Of course you remember something about the number of copies printed and sent out?—A. No, sir; I do not. I had a practice of ordering about 5,000 at a time. We were limited for funds most of the time.

Q. What is your best judgment, after having thought over it a little, as to how much printing Baldwin did for you-I don't mean in dollars and cents, but in volume? A. I never did make any estimate of it, never ran it up, paid no attention-just ordered it as it was needed for use.

Q. In what manner was the literature forwarded from Austin?-A. It was sent to Mr. Mayfield's friends throughout the State in batches, small bundles and rolls. We generally kept those very large envelopes and sent 10 or 15 copies of different literature that we were sending out.

Q. Was all the campaign literature that you got printed at Austin distributed from your office at Austin?-A. We sent some to Ben Richards at Dallas.

Q. Give us your best judgment as to how much you sent to Dallas headquarters?-A. We sent two or three separate batches. One time Mr. Richards called me up and asked for literature, and we didn't have it on hand. My recollection is I had it printed and sent him 10,000 copies or 5,000 copies-not less than 5,000 copies.

Q. Did you just send literature to him twice?—A. No, sir; two or three times, and that was the larger shipment, I remember. One time we did send him 2,500 of Mr. Mayfield's speeches.

Q. Now, fix as definitely as you can the date on which you commenced to act as campaign manager?-A. You mean to have active control of headquarters? Q. Yes.-A. Well, to the best of my recollection it was about the middle of April, after I had been there two or three weeks just looking after the correspondence and preparing for the campaign.

Q. Do you know when you actually begun?-A. About the time Mr. Mayfield began to go out regularly on the stump.

Q. You were the superior authority in the headquarters from that time on?— A. Yes; whenever I was there and Mr. Mayfield was not there.

Q. Did you prepare any sort of records of receipts and disbursements from your office?-A. Yes, sir.

Q. Have you those records here?-A. No, sir.

Q. Do you expect to have them here, or have you made any arrangement for them? A. No. sir. I only kept the accounts just as they came in, when we received bills, and so forth. I had a memorandum book--just a small memorandum book.

Q. Where is that book now?-A. Well, sir, I don't know. I think I have it at Dallas, but I have been unable to get hold of it.

Q. You have been trying to locate it?—Yes. I came through Dallas on my way here and got some stuff, but I couldn't locate the little memorandum book in which I kept my personal expenses, etc.

Q. What did you find at Dallas?-A. I found some copies of reports I made, and some other stuff. I didn't undertake to keep a complete copy of those things. I had some in my private files, and that's what I got. Mr. Mayfield called me up down in the country, and when I came by Dallas I found my wife had gone to Weatherford to attend a funeral, and I couldn't find some of the stuff I wanted to get hold of.

Q. Is that book still in Dallas?-A. This little memorandum book is.
Q. Is that all the book you have?-A. Yes, sir.

Q. That was not anything like a comprehensive record of each and every transaction?-A. No, sir.

Q. And you never did keep a record like that?-A. We kept the records in this way we kept up with everything that was done, but I never undertook to keep a complete set of books like you would in a commercial business.

Q. As I gather from your testimony, you preserved the bills themselves?—A. Yes; we had them there from time to time, and when we would get ready to settle up and make some payments, why, the file clerk, Miss Cage, would get out the bills and turn them over to me and I would make out a list of what we owed and Mr. Mayfield would pay it or I would pay it.

Q. What became of those bills? Were they destroyed?-A. Well, I don't know.

Q. Where did you leave them when you last saw them?-A. They were in Austin. I didn't take them.

Q. In the headquarters?-A. Yes, sir.

Q. You don't know whether they are there now or not?-A. No, sir; I don't know.

Q. Outside of the bills themselves and the checks which may have been issued in payment of them, and the memorandum book you mentioned, there was no record made?-A. I would not say that. Perhaps I would say there was no permanent record made, no complete set of books, or anything like that. I never kept one in my life, I don't suppose I could do it.

Q. It is necessary that we get as complete a description of the records that you kept and how you kept them as we can here. If there was anything else in the way of a record, except the bills themselves as they would be rendered, and your memorandum book you have mentioned, and whatever checks were issued in payment of the bills-if there is anything else in the way of a record, describe it.-A. Well, Mr. Mayfield kept memorandums of those things, as we settled up. He took notes, and so forth, but I don't know what it is. Q. I am talking about your records.-A. I haven't anything more. Q. You have described what you did as fully as you can?-A. Yes, sir. Q. Will you make an effort to locate that book in Dallas and get it down here? A. Yes, sir. I didn't pay any more attention to that-it was kept just like I keep my accounts on the farm. From day to day I jotted down little items, and then paid no further attention to them after they were paid.

Q. On the farm we keep pretty definite accounts?—A. Í never did.

Q. Now, give us an illustration of the kind of entries you made in your memorandum book-I want to get at the system you used and how definite it was.A. It was just a memorandum book of my transcations. If I paid out anything, I made a memorandum of it in that book, and in traveling around over the State, what I paid for tickets, and so forth, I would put down in the book, and when I would settle up with Mr. Mayfield, I called his attention to it.

Q. Does this memorandum book relate exclusively to money you paid out, or to campaign headquarters?-A. Just my personal affairs.

Q. Well, what record showed the transactions of the headquarters, so far as you kept any or had at the capitol?-A. We had the bills and the checks that were paid out.

Q. That's all the record you had at headquaretrs-you never had a set of books? A. Not what I would call a set of books.

Q. All right; what do you call it—what was it outside of the bills and checks?— A. I had a couple of tablets on my desk in which I entered anything of that sort instead of in the memorandum book.

Q. Well, did you preserve those tablets?-A. Well, no. When we settled up and paid what I had entered in them, they were destroyed.

Q. Thrown away?-A. In the wastebasket.

Q. And that was just intended for a temporary memorandum from day to day? A. Yes, sir; until we got matters settled up.

Q. You would have Mr. Mayfield pay off the bills, or pay you so you could pay them? A. Yes, sir.

Q. We have mentioned the bills themselves and the checks and the memorandum and the tablet. Was there any other character of account record that you kept there reflecting receipts and disbursements at the headquarters?A. No, sir.

Q. Just how often did you have those settlements with Mr. Mayfield, or with anybody else, with respect to paying off those bills?—A. Just whenever we caught him in there and caught him with money we settled up.

Q. How often was that?-A. It was not very often. Sometimes when a bill was pressing I would call his attention to it, and he would give me the money or a check or something to pay it, but we were limited for funds most of the time. Q. Occasionally there would be some person rearing for his bill to be paid, and you would have to jump Mr. Mayfield about it?—A. Yes, sir.

Q. What did you do when Mr. Mayfield was gone, about paying the bills?A. On one or two occasions I paid them myself.

Q. Did you charge that on your expense account? A. Yes, sir.

Q. On any other occasions, other than the one or two, where did you get the money?-A. Mr. Mayfield made a practice of turning over two or three hundred dollars to me to meet those things, and I had authority to write checks for covering important items, such as ballot fees.

Q. Did you have authority to write checks except to pay the County Chairmen and ballot fees?-A. Yes, sir.

Q. For what other purposes?-A. Mr. Mayfield told me several times to write checks for different items, such as advertising and things like that-out-oftown accounts.

Q. Were you authorized to write checks for out-of-town accounts other than advertising? A. I don't recall anything right now.

Q. Were there occasions in the headquarters when Mr. Mayfield was out of town and some fellow was unreasonable about his bill that you had to raise the money from some other source.-A. No, sir; nothing like that occurred.

Q. Did anybody except Mr. Mayfield give to you or furnish you with any money to be used there?-A. No, sir.

Q. Did anybody, so far as you know, pay any of the bills incurred at the headquarters except in the manner you have described?-A. No, sir; not that I

know of.

Q. Did you run an advertisement in Home and State at any time during the campaign? A. Yes, sir.

Q. Do you remember in what issue or issues of that paper it appeared in?—A. No, sir; I do not. I remember putting one ad in there, and I don't know but what we had in two.

Q. Do you recall the big edition that was issued which carried the campaign circular as a supplement?-A. I remember some talk about it, and we ran one or two advertisements in the Christian Advocate and various papers.

Q. How did you pay for the advertisement in Home and State?-A. I can't

say now.

Q. Don't you remember you discussed that with Mr. Hunter?-A. No, sir.

Q. And that Mr. Hunter paid a part and you paid part?-A. No, sir; I don't recall it.

Q. To try to refresh your memory, do you remember whether you paid the Home and State ad with a check or not?-A. No, sir; I can't say. I don't recall whether we did or not.

Q. Now, what was the nature of Mr. Hunter's activities around the headquarters when he came in to help you?-A. He was just dictating letters to catch up with the correspondence-helping out with the correspondence.

Q. What correspondence did Mr. Hunter handle-letters going out of the office would go out over your name?-A. Yes; I think so.

Q. Do you know whether he sent out any from headquarters under his name?— A. No; I don't think he did; I am sure he did not.

Q. Did he have any stenographer employed to work in your office?—A. No, sir. Q. Who, besides Mr. Mayfield, ever talked with you about becoming campaign manager?-A. I don't think anybody ever did; if they did, I have no recollection about it.

Q. Well, didn't they talk with you after you became campaign manager in which you discussed how it happened that you came to be in that position?-A. No, sir; I did not. I will say this-I will say that at that time I was president of the Farmers' Union, and the Farmers' Union was very strongly behind Mr. Mayfield on the transportation question and other questions, and it was with their express consent-the express consent of the executive committee of the Farmers' Union-that I took up this work. They were behind him in this campaign, you might say, although not officially.

Q. Let's get back to the subject matter of the case. Did Mr. Hunter, John C. Townes, jr., Mr. Straughan, or Mr. Gray ever discuss the matter with you?-A. No, sir.

Q. You know those gentlemen?-A. Yes, sir.

Q. Did you see Mr. Townes around the headquarters any during the campaign? A. No, sir; I don't think I ever saw Mr. Townes in Austin during the campaign. I will not say that positively, but if I did, I do not remember it, and I don't think I did.

Q. Do you recall seeing him anywhere else?-A. I met Mr. Townes, Major Townes, I believe he was running all over the State and I met him. I think I met him several times at different places during the campaign.

Q. And naturally you discussed the campaign when you met him?-A. I never had two minutes conversation with him in my life. If I talked with him at all, that's what we talked about, like anybody else. I had no business with him during the campaign.

Q. You never discussed with Mr. Townes the matter of campaign funds?-A. No, sir.

Q. Did you ever sit in in any conversation where that subject was discussed?— A. No, sir; I had nothing to do with raising any campaign funds whatever. Mr. Mayfield furnished me every dollar that I spent.

Q. I believe your written designation as campaign manager, from the secretary of state's record, was filed June 26. Did you file it yourself?-A. Yes, sir. Q. Mr. Mayfield sent it to you and you filed it?-A. Mr. Mayfield was right in the office and we prepared it right here.

Q. You state you have copies of your expense statements?-A. I have only part of them.

Q. Which ones do you have?-A. I thought I had all of them, but I couldn't find them.

Q. If you have them in chronological order it will save lots of time examining them get the one dated June 23 first. Now, in the statement of June 23 there appears an item "Office expenses, labor, rentals, etc., $1,372.40." What amount of rentals was included in that item?-A. Well, I can't say right now, but there was rentals on some typewriters, tables, and chairs that we rented for the office.

Q. That's what you meant by rentals?-A. Yes, sir.

Q. Who did you rent the typewriters from-that's a little too much in detail. Do you remember how many typewriters now that you rented?-A. From one to three; I don't recall that we ever had over three.

Q. How many chairs did you have rented?-A. I think there was probably three. They were just little typewriter desks with chairs that I found at a second-hand store-old fashioned style that the girls liked better than the modern stuff, and we got them.

Q. Was anything else except chairs and typewriters included in rentals?—A. No, sir.

Q. You can't give us any information as to the typewriter rentals and desk and chair rentals, where they were incurred or from whom you rented those things, or the amount you paid for them, can you?-A. Yes, from the Underwood and Remington offices down there, and the chairs and stuff were rented from a little second-hand store just across the avenue, but I don't recall the name of the concern.

Q. Tell us how much you paid for the chairs and also the typewriters?—A. I can't say exactly, but we paid the regular monthly rental on the typewriters, which I believe was $4.00, and I think it was ten or twelve dollars, or maybe as much as fifteen, for the tables. It was a small mount.