The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-12-20
In HIS H0NOR'S HANDS.
JUDGE HAMMOND WRESTLING WITH
A FINE LEGAL POINT.
Upon His Decision OF It Depends the
Fate Of the Four Men Charged With
Violating Election Laws-.Judge Bige-
low and Mr.. ]. M. Adams Testify.


Badinelli, election officers at the Fourth
Ward polls on the 9th of November last,
are on trial in the United States Circuit
Court before Judge L. S. Hammond.
The indictments charge violation OF the
statute law and neglect Of their duties as
election officers upon the defendants,
though both are upon virtually the same
offense, that Of not permitting Judge j. L.
Bigelow to witness the count.
The jury in the case is composed Of
J. r. Cothran, l.. B. King, ii. M. James,
II. G. Harrington, Henry Luehrmann,
John Reid. William Odeneal, John 7.
Fargason, ID. S. Lake, Z. F. Campbell,
W. ii. Horton and Z. L. Brown.
Gen. Luke L. Wright, Col. William II.
Carroll and Mr.. Ben Hirsch were present
as counsel for the defense, while District
Attorney McCorry and his assistant Mr..
Hugh G. Anderson, represented the Gov
eminent.
|. j. Il. Bigelow was the first witness placed
on the stand, and testified as to his candi-
dacy for the State Senate on the Republic
can ticket at the general election held on
the 9th OF November last. He was pres
ent at the Fourth Ward poll nearly all
day, having arrived at 10 o'clock in the
morning and remained until the polls
closed. He was not present at the count
OF the vote, for the reason that he was
refused admission to the room at the in
stance OF the election Judges. Witness
described in detail how the room occupied
by the election officers was divided of in
order to prevent crowding by outsiders
during the election. When the polls
closed, Badinelli, the returning officer,
took the ballot box and started back
through the building to room set apart
for the count. He attempted TO follow the
officer when Brewer told him he could not
see the count He told them that the law
gave him or any other citizen the right to
attend and witness the count, and he in
tended TO rest upon that right. He con-
tinued TO follow, proceeded on upstairs,
and there, at the door OF the room, he
encountered two policemen. These latter
officers were Scott and Logan) They,
acting upon instructions from the Demo-
cratic election officers, and against his pro-
test and that OF the Republican supervisor,
Mr. J. Nj. Adams. the policemen subbornly
refused him admission. Witness resided
at Buntyn Station, about five miles from
the Fourth Ward, and in the Eighteenth
Civil District. The day was rainy and raw,
exceedingly chilly and unpleasant. The
polls closed Just at o'clock pm, accord
ing TO the judges time SO far as witness
knew there was but one other man who
attempted, along with himself, 10 follow
after the box and witness the count. lie
remembered distinctly that when he
reached the back yard Zen Marsh, who
was also following, turned back and said
20 him rs he passed: Come on, let's 20
back; those fellows are not going to allow
us up there" Witness didn't look at IL
in that light, and insisted upon seeing the
ballots disposed Of. lie was not drinking
himself, nor did he see any considerable
number Of drinking men.
Mr.. J. NJ. Adams, the Republican Fed
eral supervisor OF election at the Fourth
Ward polls, was next introduced. Wit
ness was present during the entire election
until the count was finished. lie knew
Judge Bigclow. The count OF the
ballots took place in an upstairs back room
OF Bob Church's saloon, and in q room
separate from that in which the election
was held. Judge Bigelow was not present
Mr.. Badinclli and the Democratic election
officials. Although there were thirty or
forty men behind Judge Bigelow. none Of
them were heard 10 make a demand for
admission, and the refusal was directed
solely toward Judge Bigelow. After be-
ing denied admission, the Judge went
away. The room selected for the count
was only tacitly acquiesced in by him, and
was really chosen 10y the other officers.
Judge Bigelow was stopped ut the hall
way up stairs and did not reach the dooI
Of the counting-room. Impression 0
witness was that most Of the outsiders fol-
lowing the ballotbox were colored. lie
did not recollcct any unusual amount o
talk among them; and lac could not SIS
there was any unusual drinking. lie paid
little attention 10 the crowd, because h,
was interested In the application OF Judg,
Bigclow, whom he desired admitted
Witness saw the ballot-box opened, as
sisted in the count and Joined In the 70
port, though he did not go with thu
officers 10 make their report
Al this point Gen. Wright stated tina
he and his associates wished 20 demur 4
the evidence, admitting. however, that !
~vas only based uDon q practice Of judy
llorrigan and other judges. Judge Ham
mond ruled that there was no such wei
founded practice In criminal cases. Tn
point referred 10 by Gen. Wright and hi
associates was that Judge Bigclow. not be-
ing voter at the Fourth Ward poll, Ia,
no right 10 witness the count there, an,
thus his case was closed His Honor con
scented 10 hear arguments from attorney
on the point, and Gen. Wright led oil
with brief speech. Analysing the section
OF the Code regulating elections, hingini
!. point upon that one STIMULATING that nj
voters shall vote In the district or ward n
which they reside. Ibis section Is 1854
The gentleman insisted that Judge Bigc
low. who lived In the Eighteenth District
waa not an elector In the Fourth Ward
which II In the Fourteenth Civil District
Gen. Wright then referred TO the section
alleged 10 have been violated, namely
that NO many Of the electors ~ shall choos
10 be present are entitled to witness tn
count Electors, the gentleman claimed
meant those who had voted at the particu
lar place or at most had the right 10 yOt
there.
District Attorney McCony replied, point
ing out the difference IN various State con
stiiutons and codes. some using the wor,
elcc,or others the word voter. The for
MGR word certainly meant that Judge liigC
low was a proper person To- witness th
count, because he WIS citizen OF an
an elccior at any precinct IN sholb
County. Judge Bigclow was further Al
cleclor Of the Fourth Ward, or any othc
preci ict In Shelby County, for the rcaso
that he was n candidate for office. tn
man who has a right 10 vote Is an elcctoI