The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1890-10-30
BOYER VS.. LEAGUE.
To the Voters of Forsyth County:


There have heen so many falsehoods
told, and false impressions made in re-
gard to the contested election case of
Boyer against league, tried in Janua-
ry, last, that we feel constrained to
give below short history of the case.
Prior to the election in November,
1888, the elections had been reasona<
oily fair and honest il this county, but
in 1888 the registra,i VI in the Win
ston townships, and in fact other town.
ships, was unusually large, especially
of colored voters, the registration
books were kept open until the night
before the election, and it was imros
sible to discover fraud in time to pre-
vent it, and in consequence, a great
number of illegal votes were cast by
parties who Immediately thereafter
left the county, many Of whom have
never been seen since the election day;
this is well known by any man in
Winston township who has taken the
trouble to look into the matter.
This fact being apparent TO Mr..
Boyer and his friends, steps were at
once taken to remedy the wrong done
him.
As the law then was, the board of
County Canvassers had no power to
remedy the evil, neither did the Coun-
ty Commissioners; all that could be
done was to sum up the votes cast,
declare the results and induct league
into office-the tally showing twenty
four majority for league.
On the day the resulttawas so de-
clared Boyer served a written notice Of
contest on league As soon as prac
ticable an action was begun to test the
title of league to the office. Subpoenas
were issued for large number of per
sons who voted for league, and placed
in leagues hands, a great number of
whom he himself was unable to find IN
the county, as his returns show in the
Clerks office.
1t was impossible for either party to
get really for trial at the February
term, and the case MAS continued by
consent. AT tie May term. 1889,
Boyer pressed for trial, and the
ca e was Continued by league. Al
October term Boyer was again on hand
pressing for trial, leagues lawyers
delayed the trial, as every man knows
who attended court. i'll every possible
way until finally, when driven to trial,
it became manifest that one week vas
not sufficient time to try the case and
it was continued for that reason by
Boyer's counsel, and special term
asked for. The special term was or
dered by the Governor to meet early
in January, 1890.
On the LIST Monday in December,
1889, the County Commissioners met
in Winston to draw a jury for the spe-
cial term. The jurors drawn for years
previous to iris had been composed of
about two Democrats to one Republi-
can, which is about the proportion of
the white voters in the county. The
jury box has partition in it making
two divisions, marked Nos ] and :.
The law is, that the slips of paper on
which are written the names of jurors,
are drawn from No. 1 by a child, the
names taken down and the slips placed
in No. till No. is exhausted, then,
and not till then, the slips in No. 2
are placed back in No. 1. This takes
several years, and No. had not been
exhausted, for nearly FIVE years. The
box was in custody Of the Register Of
Deeds, league had the key. to both
boxes, the box was brought into the
court, child drew out "a slips, hand
ed them to league, he read out each
name and placed the slips in box No.
2. This jury was not only largely Re
publican for the first time in years, but
it contained the names Of two jurors
that had been drawn out and placed
in No. long since the last transfer of
all the names back into No. 1. Now
how did this happen? Again, that
list oi names, which is on record for
any one to see shows this, there was
not a man drawn from Winston town.
ship, by far the largest in the county;
not one from South Fork, Boyer's old
home; not one from Oldtown. and
not. one from Kernersville, all large
and populous townships. Old Rich
mond furnished five ON the list; a
township where the white Democrats
largely out number the white Repub
icans, and each one of the FIVE were
strong Republicans. How did this
happen Again, when the court
came on in January Boyer's counsel,
seeing how this was, challenged the
entire Jury for these Irregularities, the
judge sustained the challenge andi set
aside the panel for IRE gularities, and
the Supreme court sustained his ruling
The judge then ordered this same box
to be brought into open court, as re-
quired by law, and by his direction,
Staunton, the Register Of Deeds, in
whose custody it vas, selected Re-
publican and Democratic magistrate
who proceeded to draw twenty fur
new jurors. They began to draw Re,
publican names out when one OF Boy
er's lawyers lied out to stir up the
boe," this was done and the jury was
ing for years, about two-thirds Demo-
cratic after 1t was property stirred.
How did this happen if the box had
not been before tempered with ?
leagues lawyers then challenged this
panel on account of irregularities in
purging the box at September term
and the challenge was sustained as re-
quested by league. This left no way
to get jury except to have jury en-
pannelled from the by ISLANDERS 1t
in evidence, in selecting
a jury at October term, when
the case was to have been