The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-11-29
Dismissed.
THE STATE SUPREME COURT
Throws Judge Fleming Out, Hav-
ing no Jurisdiction.
The Democrats Counted Without
Their Host
AND ARE BADLY BEATEN.
Judge Fleming Makes Oath He
AND ARE BADLY BEATEN.
Judge Fleming Makes Oath He
Does Not Know
Whether Gen. Golf or Himself is
Elected Governor.
Special Dt,pa.ch to he Mtellf0snor.

CHARLESTON, ". VA, November 2S.-
Judge Fleming arrived here last night,
and was in consultation with his coun-
sci, St. Clair and Malcolm Jackson. The
petition which had been prepared by
his counsel for the Court Of Appeals,
asking writ of prohibition, was sworn
to by Fleming this morning. In this he
states that there is only very small
plurality between him and Golf, and he
does not know just what the difference
is nor how it is. He wanted the Court
to prohibit the County Court from
counting the votes at Lewiston precinct,
which gave Golf Ill majority, which
votes the County Court had counted as
upon the face OF the returns.
He claimed that the County Court
had not sufficient evidence that the com
missioners at the precinct had been
sworn.
Upon the filing OF the petition this
morning, Hon. John a. Hutchinson ap-
peared for the County Court aud Gen
eral Golf and demurrGd to the petition,
claiming that the Court OF Appeals had
no jurisdiction TO prevent the County
Court, sittingas q Board of Canvassers,
from doing any act within the statute
giving them the power to canvass the
returns.
The demurrer was argued at consider
able leS%yth by st. Clair and Jackson for
Fleming, and Hutchinson and A. Bur-
lew for the Republicans. Many decis-
ions were cited and the court adjourned
until 4o'clOck, when it met and Judge
johnson announced the unanimous
opinion Of the court, sustaining the de-
murrer aud dismissing the petition.
This action OF the Court caused con-
siderable feeling and CONSERVATION in
the minds OF Democratic leaders and
lawyers, who had supposed there could
be no doubt that the court, being Demo-
cratic, would in this way take part in
the scheme Of counting out Republi-
cans.
An effort seems to have been made to
getat this result by the exclusion OF Re-
publican votes here us soon rs it could
be done, SO that the patriots in Wetzel
county may sooner know how many
more ballots to extract or stickers to put
on in order to secure fair and honest
election Of Democratic Governor.
Perry Simpson is furious. He says
the court erred. For his part he is con.
vinced that he don't know the law, and
he is going home to study some more.
The Republicans are calm and conf
dent, and honest in the claim that Goh
is elected. Democrats hero concede it,
who are not employed by the National
Democratic Committee.
There will be arrests soon made OF
prominent politicians in this vicinity
under State and Federal law, growing
out OF frauds in this and adjoining coun-
ties by Democrats aud their fusion COM
rades. A distinguished Democrat said
in Joke to-day, with q twinkle in his
eye showing that he meant it: "Kenna's
contract with Bill Dave failed in execu-
ton, because Goshorn on the returns
could not deliver the goods, and he must
have had scalpers at work trying to
make a delivery 10 Kenna OF the stolen
goods"
At the County Court the vote Of Al.
den City was counted. Anderson gained
one.
After noon fraud was discovered at
Alum Creek by Democrats, and investi-
gated, must TO their disgust. Ballots
had evidently been tampered with in the
interest Of Democrats. A prominent
politician is strongly suspected. St.
Clair asked leave to cross-examine the
witnesses, but the court refused. He
then asked bill OF exceptions, and was
refused.
]. B. Menager, who has been assisting
counsel, returned home to-day. Nc
Corkle, counsel for Fleming, disapproved
Of the application TO the Supreme
Court and refused to appear before it