The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-01-30
AFTERNOON SESSION
ofthe Joint Assembly Judge Maxwell Con.
cludes His Speech.

man has it, maybe General Sprigg (pol
list sent up). This is 1t. proceed t
kanawha county. There remains but
one question that amounts to anything
here. The minority maintain that wher
the result was certified and vas trans
mltted to the Secretary Of State, all juris
dictlon OF all the courts over that mater
ended. II it be as the con.
stitution says that the Legislature
shall be the final Judge We
could not see tbat any Jurisdiction
over It remained anywhere else. The
committee did sustain my position so
fur as it could, and did take bold Of tha,
paper 10 far as it could. Now for the
recount Of votes at the Charleston Court
House precinct. These votes were
counted by one Republican. one Dem
ocrat and one Labor representative
They counted it carefully and honestly
They were at it q long time. Some oI
the evidence says they made mistakes
It's not in evidence TINT more than one
mistake occurred; that was in the tally
ana was discovered when they had to &C
back only five votes to correct it, which
they did. 1t was certified to in the pres
ence of an eager multitude OF anxious
people. Afterwards recount was or.
dered OF several precincts, especially Of
this Court House precinct. 1t was a
careinl recount in the presence OF repre-
sentatives OF both sides.
BALLOTS TAMPERED WITH.
When they had about concluded that
count they found II less Gotf ballots and
IA more Fleming ballots than there had
been before by these commissioners.
Right at this point they stopped and
would 20 no further. They were right
under the law, which requires that there
shall be no reasonable doubt that the
ballot box has been sacredly kept and
the Identical ballots polled and cou ntel,
That box had been somewhere in the
Clerks Office. 1t has been insinuated
here that if these ballots were not right
ly kept the Clerk was responsible.
There IS nothing to fix on any one re-
sponsibility for tampering with the bal.
lots: Two witnesses of respectabiiity
disclose the fact that the bottom Of that
box had been taken of and had been put
on again with new nails, different from
the old nails in that box. Other wit
nesses say the box was not tam
pered with, but with them it is
merely a matter Of opinion. As
understand the law the conclusion
OF that County Court iG conclusive upon
all the courts that come after, unless it
can be clearly shown that there is rea-
son why it should not be. Under the
circumstances the County Court con.
cluded. to reject the count. Whether
you refuse to consider yourselves bound,
as you ought to be, by the judgment ol
this court, you must conclude that 9
mistake happened in the court which
could not by any possibility have hap
pened in the presence OF that watching
multitude. Is is mathematical impos
sibility. It could not occur in ten thou
Rand million years. as We say in our re-
port. Now, I add Kanawha county t.
Brooke. Strike off the 10 votes in Brooke
and the 2S in Kanawha. And nov
now further up the stream, where tn.
dark cloud has settled over Mercer ane
Mcdowell, ''I
| 1.. g- A CLINcHER.
| have repeated proposition lait
down by Brother Sprigg and sustained
by the law books, that evidence car
come only through depositions wh,ct
were before the Committee. Tell me how
these voting lists got into this evidence
Can anybody tell me? Did these yotins
lists come through dispositions? No
one OF them came SO. Not one came il
the manner authorized by law. How
did the voting lists get into the case O.
Anderson vs. McGinnis? Just as Gen
Sprieg says they have come into thi
csse--in deposition. That is the only
way they could be considered. Cal
they get in any other way to be consid
cred here? Is it supposed they can b,
rushed through here on evidence no
legally before us? Gentlemen wht
have had the management OF this cas-,
have given themselves absolutely away
They cannot rely on Mercer and Nc
Doweli at all, for they have not brough
in tins evidence as the law requires.
mistake was made and these voting list
were not put in the dispositions. a-p
MIR. kitchen-Whose deposition ar
you reading7 A. n
Mr. MaxweIl-The deposition Of til,
Clerk Of Mercer county in the Anderson
McGinnis case. '7I'i s
| Mr.. Price-I understood that depo
sition to show that that list is the sam
as shown by the deposition in thi
case. a. ,5asl rs X. IA lE-.I gI,,,s's,s >
1 Mr.. MaxwelI-The Senator will fin,
the list the same, the lists exact, comin
IN that way, aud not in tho lawful way
} It does not come asa deposition taken il
this case. K, .,.-l45li,.l. Z
NOT FILED IN THE LEGAL WAT. 4
| Counsel came before the committee i,
, May and asked to file a copy OF POI
book from Mcdowell county, and wer
permitted to do it. They had made
mistake and were trying to rectify Il
,, Here Is one Of the lists filed May i
, 1889, before that committee, a list {
persons voting at cross roads precinc
where a comparatively few 4 person
voted. No other list is here marked q
being fled on that day. suppose
, was filed. This makes just three votin
, lists filed by permission oi the COMMITTEES
:. Not one came through the medium OF
deposition, as General Sprigg and th
law say they must be filed. The recor
: does not show that any voting list wa
filed at Terra Alta. It may be said tha
II the lists did not get in through dc
positions they could come in throup
the order Of the committee duly entered
, No such order is entered here. Now
, would like to know how they came
be printed here in the evidence. En-
!. Mr.. Flournoy-I notice that in the M
! nority report it is said that lists al
given and it is said that all the foreet
ing voted. q 4. 5tf'5.. - 3 h ~ :
! J Mr. Maxwell--My friend will SC
! further on that that statement WI
based on the superstition that the lis