The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-12-07
JUDGE FLEMING SQUEEZED DRY
As a "Lcming," and Anderson
Wondering what was on
the Heel Of "Fud"
MCGinnis' Mule.
A Traglc.COmcdy in Two Acts and a
Observation-Disclosures Dis
mayed to find that their Gun
Kicked Backward and
Very Hard.

sytial Di,paleh to the hHieLlIJa'oT.
CHARLESTON, W. Va, Dec. G.-The de-
cision OF the Supreme Court OF Appeals
Yesterday is far reaching. The Court
decided that it had power TO compel
BY mandamus the county courtof Kama
wba, sitting as board OF canvassers, to
sign the bill Of exceptions presented by
counsel for Anderson on which he may
apply 10 the Kanawha circuit court for n
ccttiorar. The court, in this decision,
virtually overrules its former decisions
as given in Poteet vs.. Commissioners,
Brazee VS.. Cunningham, etc., and estab-
fishes the new principle that a county
court, sitting rs n board OF canvassers
makinga mere recount of ballots, are
vet a body SO clothed with judicial pow
ers that they may sign u bill OF excep'
tons and thus make formal record OF
their vote. This decision is inconsis'
tent with the decision OF the same court
a few days ago, when they declined to
grant writ Of prohibition restraining
action by the same county court, when
they held that the court was acting as u
body OF Canvassers, exercising minis
terial. functions, and not exceeding
those quasijudicial powers necessarily
adherent thereto. The decision, in brief,
is that a superior court may interfere
with ministerial acts OF ministerial
body and vests that ministerial body
with new dress Of judicial prerogative.
The decision is contrary to the former
doctrine Of the court. Itoccasions much
comment and adverse criticism, even
from sound Democratic lawyers, but
TIE CASE HAS BEEN DESPERATE.
Kenna, and through him the National
Democratic machine, with German at the
throttle, has been in close attendance at
The court and large body OF Democratic
nOtables have attended the court. The
State Committee has been here. Flem-
ing, Anderson, Wilson, st. Clair and
others have been abiding in the city
nursing the Democratic cause.
Hutchinson, Abraham Burlew, Ed
wards and Burdette made able stands
in behalf OF the Republican cause but
were unable TO withstand the pressure.
To-day counsel for Fleming and Al
derson appeared before the county court
and presented the mandate OF the court
directing them to grant bill Of excep-
lions and permit counsel to examine
witnesses. Republican counsel, Hutch
inson, Burlew, Edwards and Burdette,
were present to prevent any over.reach-
ing and to watch the Republican inter-
ests. J. +. Brown, Malcolm Jackson, J.
". St. Clair, represented Fleming and
Anderson. The first move made by the
Democrats was TO press the exclusion OF
Lewiston precinct because one OF the
commissioners Of election had not been
properly sworn, while he swore in the
other. Gotf and MCGinnis had major
ity Of nine in this precinct. The court
aeceded to this and threw il out.
DEMOCRATS DIsMAYED.
Then, to the dismay of the Democratic
counsel, the Commissioner OF Coalburg
precinct, A. G. Shaver, was produced
andsworc that at that precinct he swore
the other Commissioners, yet nobody
sVorc hin, showing precisely the same
state OF affairs. Coalburg gave a Demo.
cratic majority Of 20, and the court. act
Ing consistently, will throw ont Coal.
burg, thus giving gain OF II to Gotf
and McGinnis, electing the latter and
giving the Democratic a dose Of their own
physiC.
Then the matter of tampering with the
Charleston ballots was taken up. 1t
was clearly shown that the ballot box, a
rough cracker box, had been laid away
in the office OF County Clerk Goshorn,
who has been the chief manipulation Of
Kenna's fight; that II was put in q room
used by the clerks on the floor, with
only a lew books piled upon it; that for
several days no guard was ever it; that a
window was loose and the sash easily
raised that Goshorn had acceRs TO the
room after working hours. The bog
showed 1t mad been opened on the bot
tom. The hRtchet and cold chisel OF the
j9nitor have been missing since about
election time.
Tv,o ,,,I,,a,,,,, ,,,o,, oonosIAJ tIo inni,
Tor one dark night while the box was in
the room and asked about the building
whether any one was in 1t after night.
A DARK JOB DONE.
The ballots show beyond doubt they
have been tampered with. Tho Demo
cratic canvassers and commissioners
swore that not more than one or two
tickets had Gof scratched on the first
count.
1t is clear that q dark job has been
done.
Chairman Cowden's reward OF s., ,0OC
is bringing matters to light which may
reveal startling facts. The Democrats
getting deeper in the mire, will resort tc
any technicalities to defeat the will O.
the people.
Mi. Rockey, Republican canyasser
states in regard to the accusation in tht
Register dispatch that 1t is an unqualified
and malicious ialsehood. No one here
has heard o. the report except through
the Register.
THE dispatch referred TO in the las
paragraph Of the above dispatch aDpear