Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1884-02-27
Mai. John w. Daniel In the
O'Ferrall-PauI Contest.

The argument before the sub-com-
mittee 10 the contested election case of
O'Ferrall and Paul was concluded by
Maj. John w. Daniel last Friday
Edgar Allen was the counsel for Paul.
and Hon. John L. Harris aud Maj. j.
w. Daniel for O'Ferrall. The Wash.
ington correspondent of the Richmond
Dispatch thus speaks Of Major Daniels
areument:-
After recess Cat 2 o'clock) Major
Daniel commsncrd his argument of an
TOUR and half, and spoke with clear
ness, earnestness, and ability. He
said it was a contest between O'Ferrall
and vacant chair. for Paul, who was
declared elected by a nominal majority
Of 204, had exercised judicial acumen
and accepted Federal iudgeship. II
there was a vacancy, the Governor, at
the last general election, would have,
under the law, ordered an election in
the Seventh congressional district. In
the beginning he raid his respects to
Senator Malone, whom he designated
as the assignee IN bankruptcy of the
Republican party Of Virginia, aud ask
ed what right had he, senator OF the
United States, to devise finaucIaI sys.
ten, under pretence that the statute
warranted il, 10 aid bis party in carry
ing an election The most usual fraud
he said, is where the law is followed in
form but the substance is not there.
When the committee shall read the
testimony they will see, be declared,
that there was a deliberate conspiracy
not 10 collect revenue-for the personal
property list was not given these pre-
tended tax collectors--but 10 help the
Coalition party. In pursuance of this
conspiracy III collectors were, he SAID.
appointed, all Of one party These COL
lectors appointed numerous deputies 10
every county-in Albemarle, for exam.
pie, twenty-slx, and in Augusta, twenty,
all COalltlonists except one, who was
appointed through mistake. County
BY county Major Daniel, With great
clearness, showed in detail cases Of
fraud practiced by the collectors and
deputies. He declared that the records
showed that, admiLtlng even that these
collectors were authorized by law,
which was not the case, that there was
enough fraud shown by The testimony
to more than overcome Paul's nomi.
nal aiority. lie took up the county
Of Albemarle, and called special at
tention TO the fact that Collector Way
land gave out 670 fraudulent tax re-
celpts, 655 of which were voted by
colored voters. He read from the
South Carolina case of Tiilman and
Small TO show that the testimony was
taken, as 10 this case, to show that the
colored people voted the Republican
ticket and the whites the Democratic.
New Jersey, California, aud other cleo
lion cases were quoted in support of
this character OF testimony.
He then referred TO the Johnson and
Knight case. which Mr.. Allen hud quo
ted, and showed that this same doctrine
was maintained by the Democratic
committee which reported on that case
to the Virginia Legislature. The
attention Of the committee was called
10 the testimony of Bennett, Gordon,
Yates, and other deputy collectors in
Albermarle. who said they were in
structed TO give no receipts 10 voters
they did not feel satisfied would vote
for Paul and John >. Wise. In fact,
the current of testimony in all The coun
ties, he said, wasrthat the collectors
and deputies followed this rule. This
is the only mode of proof, he contended
because there were "a 900 votes polled
in the Seventh district, aud it would be
to summon each and ask |
him how he voted. IT the capitaton.
tax was not paid before election. day,
a mau under the law had no right to !
vote. Yet Wayland, the Albemarle
collector, testified that be issued
enough tickets, without collecting the
money for them uatll after the election,
10 give O'Ferrall majority in the dis.
trict. He called attention to the test-
nony which showed that tax-receipts
we're issued 10 Fluvanna and Gooch-
lard by these collectors on election da,
and that when presented at the poll>
.he ink was not dry on them. He ex
planned, In reply to a member of the
committee, the laws against paying
taxes for others and issuing
blank tax-receipts. If the system
shown to have been pursued by these
collectors and deputies does not prove
bribery, corruption, and violation of
aw, then, Major Daniel SAID, neither
an be proven in any election.
Major Daniel explained the plan Of
operation in giving out these illegal
AK receipts to Coalition Yolers. which
8 familiar 10 Virginians, but which
must have been new to most of the
ommittee. While he commented on
this branch Of the case the committee,
sail through his entire argument, paid
be closest attention 10 every word he
ttered. His illustrations just here
we're most pointed. He coplended that
pom no theory can it be shown that
J Ferrell is not entitled to the seat.
lie mentioned that if the Governor had
idcred an election last fall D Ferral
1Ould have been elected, as the De H. c
Gratis carried tie district by over .
200. .t.H- tr c... Is
In the course Of bis argument Moior 8