South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1889-02-01

been tempered With, and refused I
give the democratic candidates th
benefit of the recount.
The Charleston case was the crown
ing act OF all. The ballots o
Charleston city we're the last ones re
counted. The recount was complete,
at night. No complaint was mad
and no question was raised until Of
the recount it was ascertained tha
Fleming had gained % and Alderso,
25. The ballots had been placed b,
the election commissioners in wood
en- box. This tox had been sealed
by the clerk of the county court an,
placed, along With other packages o
ballots, in q
LAHGE AND SECURE BOX,
provided for the purpose. The large
box was also sealed, and the Presi-
dent of tho county court carried the
key. When the recount was coms
pleted the ballots were replaced IN
the box and sealed up again. The
next day the commissioners had the
box brought before them. They
turned 1t over and found a crack the
width Of a knife blade in ona of the
planks making up the bottom. The
box was also scratched, evidently by
handling. On this appearance, the
commissioners concluded that the
ballots Of Charleston precinct had
been tempered with, and took an a.
bundance Of proof that the plank in
the bottom of the box was split. No
single witness ever testified that he
had examined the box before the
election commissioners had placed
the ballots in it, or was able to tell
how the crack had been made. Yet
the commissioners concluded that
the ballots ha been tempered with,
and denied 10 Fleming aud Anderson
the benefit Of their gains on the re.
count.
WOULDN'T LISTEN TO PROOF.
Counsel for Fleming and Alader-
son offered to prove by the merchant
that furnished the box that tue hole
was in it when he sold it 10 the com =
missioners. They offered to prove
that the box was in exactly the same
condition as when it left this mer-
chants hands, and that the ballots
had been safely kept by the clerk.
Witness the following extracts
from the courts record:
And thereupon said Fleming off.
cred TO prove by said witnesses and
other witnesses that from the time
the ballots cast at Charleston pre-
c,nct, and the box in which they were
kept, were delivered 10 the clerk Of
the county court by the commission
ers Of election at said precinct, as set
out In their evidence, up to the
time they we're laid az aforesaid be-
fore said commissioners, the said
ballots had been securely and safely
kept IN said office, not accessible nor
exposed TO any person. and not in
any way changed, altered or ham
died. and that during said period said
box had not been opened. or the seals
broken and that the ballots in said
box laid before said county commis>
sioners for recount as aforesaid, we're
the identical ballots and all the bal
lots cast at said Charleston precinct
on the day Of election, not in any way
altered or changed. All OF which
facts the court refused TO Iermit said
Fleming to prove
IN TIE FACE OF THIS TESTIMONY
which counsel for Fleming and Al
derson produced and urged the court
10 hear, that honorable body decided
that the ballots Of Charleston city
had been tampercd with, ignored the
which il had conducted it,
self. and denied Fleming and Alder.
son their respective gains Of % and
25 on the recount
The above are few Of the instan.
ces OF fraud sci forth in the bill Of
exceptions signed by the commits
sioners themselves. There is no
chance 10 escape their force. They
show clearly the character Of the
whole proceeding. 1t is against the
successful contamination Of these
outrages that Judge Flening's attor-
neys are now protesting. The vote
of Kanswha county, as certified to by
the commissioners, is rotten with the
foulest corruption. There is redress
for Congressman Anderson, for in his
case these proceedings will bo re.
Viewed by the circuit court. There
is no redress for Judge Fleming ex-
cept at the haods Of tie Legislature.
If that body, oil the strength Of these
fraudulent returns, sees fit 10 go a
head and announce the result, it will
be because it does not care TO place
a safeguard Ground the purity OF C..
lections In West Virginia. The de-
mocratic leaders believe that the
shape in which the Kanawha returns
arc precludes the possibility Of an
pouncing toe result Of the election,
and the facts that are given above
are ten times sufficient justification
for this belief.