Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1875-11-26


J THE HOUSE OF DELEGATEs-No WRI.
OF ELECTION TO BE IssUED-FURTHEI
DISPOSITIONS,
&C., &C, &c.
. The reader will see below that the Gov
ernor has changed his mind about ISSUING
writ for IA new election in Augusta, ant
the matter is handed over to the House.
5 In the mean time Capt. S. Travers Phil
lips, counsel for Mr.. Opie, who Dotw1th
standing the Governors first decision in
tended to bring the matter to. the highes
test, continued the taking of dispositions
and on Monday closed them. The follow
ing is q synopsis of the dispositions take1
since our last:
DIR. j. H. FULTZ,
being sworn. deposed that he was quail
fed voter of Ward No. l, and on election
day waited at the polls several times e
tween 81 and II O'Clock. for the purpose Of
voting the ticket regularly nominated by
the Conservative County Convention, but
having to 60 to the country, could not wait
for the opening and did not return in time
in the evening to vote.
Q.-Was Mr.. A. II. H. Stuart on the
ticket you refer to
| Ale was not.
| S. TRAvERS PHILLIPS,
being sworn, stated that he vas employed
10y Capt. Jno. II. Opie as his counsel to
contest the election. On Inspection Of the
ballots and poll books at the County Court
Clerks Office, found the ballots from II
out of IS precincts were not sealed in ac-
| cordance with the law, but strung On a
string and lying loose among the poll
| books; ID precincts were sealed and
marked and 4 were sealed but not marked
what precinct they came from. In the
| open poll books he found that at Newport
I there was no evidence that A. S. Turk, one
Of the Judges, had been sworn, nor was
there any certificate showing as required
| by law that "there was no one present
| qualified to administer an oath.'' AT She
rando, Clinton Hall, one Of the Judges was
not shown to have been sworn. At Fish
| ersville, David S. Bell; one of the Judges
was not shown to have been sworn and his
Middlebrook, James E. Beard, N. p, swore
in the Judges, but was not himself sworn.
At Buffalo Gap. VIM. M. Tate acted as
Judge and Clerk both. The Judges We're
sworn by him, but there was no certificate
that he had been sworn as either Judge or
Clerk. The said Tate certifes that the
Judges sWore each other. LII the Stanton
poll books he found 10 certificates /;
they were all open and Mr.. James F. Pat
terson made such certificate in one book
afterwards against bis protest.
He then went with Capt. Opie to l)r H.
S. Eichelberger, who resides at Verona, in
Middle River Township, and had not resi-
ded at Staunton for some months previous
to the election, and had voted in Ward
No 2, in Stanton. DR.. E. said he had
voted for Mr.. Stuart, and not for Nh. Opie
and would so testi Y.
L. A. KERANS
testified to having been with S. Travers
Phillips at the examinat ons spoken of and
verified his statement with regard to them.
He further said he knew DR.. Eichelberger
had lived at Verona since last June.
JNo. N. OPIE,
Recalled = Had examined the poll book
of Ward No. /, Stanton, and found Il
mistake of one. vote in the counting which
was never rectitied. The Clerk of election
at Buffalo Gap made similar mistake.
ADAM BROWN eze"
testified to residing i'll. Beverly Manor
Township, ard yet having voted in Ward
No. 2, for Stuart seawyight and Craig.
DIR. II. S. EIcHEEBERGER
sworn, testified to living at Verona since
last June, where he kept the Depot and
farmed, and also to having voted at w ard
Ne. 2, in Staunton for Stuart, Hanger and
Koiner.
r. D. RYAN
testified that he was al the polls at Ward
No. / on election day at sun up, and
waited there nearly two hours after SUM-
rise before the polls were opened, and in
this time four or five voters came to the
precinct for the purpose of voting. stating
that they were going to vote for Opie.-
/ They said they had to go to the country
and to their work, and in consequence of
the polls not being opened could not vote.
There was d good deal of complaint by
mechanics who were prevented from vo-
| ting at the precinct by the late ope ming of
| the polls.
| The dispositions here closed.
% THE GROUNDS OF CONTEST.
MI Opie's contest is based on the fol-
lowing grounds: illegality at Sherando,
| Fishersville, Buffalo Gap, Newport, Mid
| dlebrook, ard Wards No and 2 in Staun-
ton the fact that four known and some
unknown votes for Opie were not polled
from the lateness of opening the poll at
Ward No. in Stanton, and that two
non-residents Of the city voted at its
wards for Stuart and against Opie.
THE CONTEST TO BE RENTED TO THE
HOUSE.
On Monday morning Mr.. Stuart received
the following communication from Cover
nor Kemper;
GOVERNORS OFFICE,
Richmond, Nov %.
Dear lMr. Stuart:
After further conference
with Mr.. Daniel, and a careful investisa-
ton for myself of the question involved,
l conclude that it is my duty to refer all
the matters connected with your resigna-
ton to the House of Delegates, and not in
the meantime to issue writ of election.
The Attorney General concurs in the pro-
priety of this course. The meeting of the
House of Delegates is SO close at hand. it
seems to me best to leave the matter to
this body, which is sole judge of the ~
turns and qualifications of its members.