South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1889-02-01
HE INTELLlGENCEn
FRIDAY, FEBRUARY 1, 1889.
BAD RECORD
of the Kanawha County Court

The Wheeling Register has been
able to secure copy OF the bill OF
exceptions granted Judge Fleming
and Hon. John d. Anderson by the
Kanawha County Court. II is posi-
BILE thus TO lay clearly before the pub
lie proof Of the hi9h-han1ed proceed .
ings of that body during the recount
of ballots for Governor and Congress
man. The half OF these has never
been told. 1t will be hard to make
honest men beiive that any body as
sumiug to be Judicial and impartial
in it's rulings could be guilty of such,
set the record Of the Court made over
It's own hands is
THE PROOF OF EVERY CHARGE
against IT. 1t convicts il of partisan
unfairness unequalled in any judicial
proceedings before auy judicial body
in the State of West Virginia.
BY order OF the Supreme Court, the
Kanawha Commissioners signed bill
Of exceptions prepared by attorneys
for Judge Fleming and Hon. John d.
Anderson. In this bill it is OF course
conceded that the Court made the
best showing possible for itself, and
put it's own acts in the most favor
able ligh'.
Lewiston recinct in Kanswha coun-
ty, was one Of the first in which the
vote was recounted on demand. The
evidence disclosed that one of the
clerks named VIM. McConihay, who
was not authorized 10 administer any
form Of an oath, had assumed to swear
two of the election commissioners.
The law strictly provides that in such
case the vote Of no election district,
or precinct shall be counted. On this
ground counsel for the Democratic
candidates moved To throw out Lew.
ston returns. There was q Repub.
lican majority of nine 10 the vote Of
the precinct. The Court refused to
grant tho motion, and stated thvt
the ma ter would as taken under adj.
visement.
Hon. "Fud' McGinn;s was thus
saved nine votes for the time being.
on its way with the recount until
the CoalLurg precinct was reached.
Here there Was Democratic majority
of twenty. One G. A. Schafer. Re.
publican election com missioner at this
precinct. testified that he, being au-
thorized 20 administer an oath, stood
up aud read over 10 the other com.
missioners the oath which reads 1--WE
do solemnly swear" ETC., and did not
himself consider that he was taking
the oath. The Democrats then offered
to prove that chafer was sworn, and
presented the affidavit Of Philip Col
den, another Of the election commits.
sioners at Coalburg precinct, TO
prove it.
Philip Golden, being duly sworn,
says:
"That before the afilant or any Of
the other of said Commissioners Of
Election proceeded to enter upon the
discharge Of their duties as such Com
missioners. all of the said Commits
sioners, including the said Schafer, in
the presence OF one another, stood up
with raised hands and, pronouncing
their individual names. repeated and
said the oath prescribed in section g
of chapter 3 of the Code of West Vir-
GINA relating 10 the discharge of the
duties Of said Commissioners of Elec-
ton. That when said Schafer re-
peated said oath aforesaid in the pres
eLce of the afhant, this aff1ant regards
ed and considered that the said Schaf.
er was taking said oath and bindiag
himself thereby before this affant as
such Commissioner Of Election"
This affidavit was in Court. The
Democratic attorneys were ready and
anxious to present il. 1t was made
by an intelligent and honorable man,
yet the Court refused to hear it, or
hear any other testimony than Schaf.
er's on the subject. Coalburg pre-
cinct was thrown out on this ground.
The Court then returned TO Lewiston
precinct which vote it had declined
To- pass upon, and threw it out on the
same grounds.
In other words the commissioners
refused TO admit fatal flaw in the
vote of precinct giving a Republic
can majority Of Q, until by strsining
point 1t found the same flaw in a
district giving Democratic majority
Ct 20. by disallowing both there
was a chance to make eleven votes
for their candidates, and the vote of
both precincts was thrown out.
But this was not a circumstance to
THE NEXT CoNToRTIoN
Of that honorable body. \. They had
now Get precedent, but they we're
made, and the record over their own
hsnds shows II, to disregard this pre-.
cedent and give the lie to the justice
OF their own rulings.
Field Creek precinct was reached.
II gave lS3 Republican votes and 40
Democratic Counsel for Judge
Fleming and Hon. John d. Anderson
offered to prove that +. D. M. Daw-
son, one Of the commissioners at this
precinct was not sworn, and presented
the affidavit OF Jdmes II. Meadows,
another one Of the commissioners, 10
that effect.
In spite Of this conclusive proof
offered by the Democratic counsel,
the Court refused absolutely not ONLY
to throw out the precinct, as il had
done in the similar cases of Coalburg