Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-01-16
READ
The Record of the Kanawha
County Court.
PARTISAESHIP RUN MAD.
A Consecutive Statement Consisting of Ex-
tracts From the Courts
Records
THAT WILL OPEN SOME EYES.
A Glarlng Array Of Grossly Partisan De.
ciSiOnS That Has Never Been Equalled
In Court in ANY Civil
lied Community.
Speeicl Telegram 10 1ic Register.

Speeicl Telegram to TIC Register.
CHARLESTON, January 15.-The repre-
sentative of the REGISTER has been able
to secure a copy of the bill of exceptions
granted Judge Fleming and Hon. John D.
Anderson by the Kanawha County Court.
1t is possible thus TO lay clearly before the
public proof of the high handed proceed
ings of that body dmiug the recount of
ballots for Governor and Congressman.
The half of these has never been told. 1t
will be hard to make honest men believe
that any body assuming TO bo judicial
and impartial in its rulings cOuld be guilty
of such, yet the record of the Court made
over its own hands is
THE PROOF OF EVERY CHARGE
against it. 1t conv.cts it of partisan un-
fAirnoss unGqualled in any Judicial pro-
ceedings before any Judicial body IN the
State Of West Virginia.
By order of tte Supreme Court, the
Kanswha Commissioners signed a bill of
exceptions prepared by attorneys for Judge
Fleming and Hon. John D. Anderson. In
this hill it is of course conceded that the
Court made the best showing possible for
itself snd put its own acts in the most
favorable light.
Lewiston precinct in Kanswha county,
was one of the first in which the vote was
recounted on demand. The evidence dis
closed that one o. the clerks named VIM.
McConihay, who wss not authorized to ad-
minister any form Of an oath had assumed
10 swear two of the election commissioners.
The law strictly provides that in such caee
the vote of no election district or precinct
shall be counted. On this ground counsel
for the Democratic candidates moved to
throw out Lewiston returns. There was
Republican majority of nine in the vote of
the precinct. The Court refused to grant
the motion and stated that the matter
would be taken under advisement.
Hou. "Fud" MCGinnis was thus saved
pine votes for the time being.
THE MERRY COUNTY COURT WENT on
its way with the recount until the Coal
burg precinct was reached. Here there
was Democratic majority Of twenty. One
C. A. Schafer, Republican election COM
missioner at this precinct, testified that he,
being authorized to administer an cath,
stood np and read over to the other COM
missioners the oath which reads: I'VE do
solemnly swear" etc, and did not him
aelf consider that he was taking the cath.
The Democrats then offered to prove that
Schsfer was sworn, and presented the
affidavit of Philip Golden, another OF the
election commissioners at Coalburg pre-
cinct, TO prove it.
Philip Golden, being duly sworn, says
THAT before the sfiiant or any OF the
other of said Commissioners of Election
proceeded to enter upon the discharge OF
| their duties as such Commissioners, all OF
the said Commissioners, including the sald
Schafer, in the presence of one another,
stood up with raised hands and, pronourc.
ing their individual names, repeated Snd
said the oath prescribed in section OF
chapler 3 of the Code of West Virginia,
relating 10 the discharge Of the duties OF
said Commissioners ef Election. Ihat
when said Scha!er repeated said oath aiofe-
said in the presence of the siliant, this
affiant regarded and considered that the
said Schafer was taking said oath and
binding himself thereby before this afliant
az such Commissioner of Election"
This affidavit wss in Court. The Dem
ocratic attorneys were ready and anxious
70 nIesent il. It was made by an iniell-
GENT and honorable man, yet the Court re-
| fused to hear it. or hear any other testl-
mony than Schafer's on the subject Coal
bure precinct was thrown out on this
ground. The Court then returned to
Lewiston precinct, which vote 1t had dc
clined to plss upon, and threw 1t ont or
the same grounds.
In other words the commissioners re-
fused to admit fatal flaw in tine vote OF
precinct giving Republican majority OF
9. until by straining point 1T found the
eame flaw in district giving Democrat
ic majority of 30. 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
set precedent, but they were made, and
the record over their own hands ows 1t,
to disregard this precedent and give the
lie to the justice OF their own rulings.
Field Creek precinct was reached. 1t
gave 1873 Republican votes ard 49 Demo-
cratic. Counsel for Judge Fleming and
Hon John D. Anderson offered to prove
that T. 0. NJ. Dawson, one of the commIs-
sioners at this precinct was not sworn,
and presented the affidavit OF James ii.
Meadows, another one of the commission
err, to that effect
Following is Meadows affidavit
State Of West Jirginia, County Of Kana'chd,
T0-ich:
James Fl. Meadows being fret duly
sworn on his oath, says: Thet he was one
of the commissioners of election, appointed
for Fields Creek precinct one Of the
voting precincts in said county, to sct az
such at the general election held IN said
C. unty on the sixth day of November,
1888; that the other commissioners were
T. o. 81. Dawson and Peter Turner; that
affiant and the said Turner were duly
sworn by the said Dawson, as required by
section 8, chapter of the code of West
Virginia. before entering on the discharge
of their duties, but that the said Dawson
was not go sworn or in any manner what.
ever sworn, either before or by the affiant
ar the said Turner, or before or by anyone
else. AfiAnt further says that he signed
his name on the poll book OF said precinct,
under the direction of the said Dawson. and
that in signing his name to the jutat
thereon, the sffiaut did not know, and did
not mean to certify that he had 50 sworn
the said Dawson as such commissioner of
election.
J. II. MEADOWS.
Taken. subscribed to. and sworn before
me in nv said county, this 7th day of No
vemher, lS5S.
MALCOLM JACKSON,
Notary Public.
IN SPITE OF THIS CONCLUSIVE PROOF
offered by the Democratic counsel, the
Court refused absolutely not only to throw