New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-04
HOW A SEAT WAS STOLEN.
A SAMPLE OF DEMOCRATIC METHODS

THE FIRST WEST VIRGINIA DIsTRIcT-A CASE
WHICH SHOULD BE PROMPTLY DECIDED
! NEED OF FEDERAL ELECTION LAW.
fBr TELEGRAPH TO THE TDBUsE1
| Washington Feb 3.-The contested election case
OF Atkinson against Pendleton OF the Ist West Vir
ginia District viii probably be the next voted
on by the House Committee on Elections. Tho
oral hearings In the are ended. II
has been the desire and hope OF the committee to have
the three West Virginia contests disposed by the
House early the beginning OF February but the
decision in one Of the cases viii be necessarily post
poned to later date, owing TO the requirement that
supplementary briefs shall be fled by both sides.
The Atkinson Pendeton case really rests on fraud
ulent recount Of the votes from two precincts IN
Wetzel County, whereby the Republican contestant
deprived Of twenty four votes which belonged to
him, and there were awarded to the Democratic
tcsce two votes which did not belong to him. 1t Is
that the contestant alleges testimony to
show that Pcndleon received ESQ illegal votes, while
the latter contends that 1873 illegal votes cast
and counted for Atkinson. OF course, the committee
will find 1t necessary to examine the testimony bearing
every Of these 400 cases, which will add ma
terally TO its labors. careful examination Of the
testimony in dozen taken at random from the
| contestants brief and like number chosen In the
manner from the brief in behalf Of the contestee
fairly indicates that the former would have much the
stronger II il depended only the question oil
illegal voting. But assuming that neither party is to
derive any benefit by the exclusion Of illegal votes cast
for his opponent, Atknson's is still impregnabe,
and the committee will be constrained TO recommend
and House to decide that the seat be awarded to
| him.
on the face Of the returns, after the original re
turns from two precincts in Wetzel County had been
doctored" by the Democrats the Democratic Gov
ernor of West virgina-the Governor who
officially decided in another that tive meant
twelve" and thereupon awarded seat in Congress
| 10 the Democrat who was defeated at the polls
issued a certificate to Pendleton, which set forth
that the latter had received 1929 votes, against
| 1922 votes for Atkinson The election was
colse one and for many days the Democrats-who' SO
| to speak, did not wish TO commit grand larceny IL
| they could make petty larceny serve their turn
! did not know how few or how many votes they would
be compelled to- steal In order 10 give their csnoi'
| date an apparent majority.
In the words of contestants brief, which are
fully justified by overwhelming mass OF testimony
There was here a nice adjustment Of means to the
desired end, conservation of force, careful eN-
peDditure, with waste, Of vilany.' The re-
turns from Arcer's Fork Precinct delivered TO
the Deputy Clerk of Wetze County, who is Demo
crat Never Der and the returns of Martins school
House Precinct placed in his custody on Novem-
Der 8. AT the former precinct, four of the nve
election officers Democrats, and at the latter
The Commissioners who composed the county
Court which canvassed the election returns from the
several precincts, were three Democrats, ana the
Clerk, as we'll the Deputy Clerk, was Democrat.
The election at the two precincts named was IN inc
hands Of the Democrats the precinct returns were IN
the custody of Democratic clerks until turned over "
| The Democratic County Court on November L. IL
| appears that not until about November 20 wSs III
discovered how many votes must be stolen TO over
come Atlhnson's majority. The paper sacks whicn
| contained the ballots from the two prechcVs ihc"
toned were opened November IL, to allow tlc
County Court access to the poll-boOks ana ceruneu
returns; and the sacks remained unsealcd' ana IN
| Mace where Democratic officials, as well as Demo
Gratis who were not officials, had access 10 thehl' ~
is alleged that, when the court was IN recess, .!o
ballots were deposited IN vault In the county Oierh
Office but the Democratic County Clerk tesVneo t'd'
tbe combination OF the lock on the door Oh inc 'au
was known to numerous persons besides the county oi
acias and the vault appears from the evidence 10
have been used stOreroom for bottled peer oy INC
clerk and his friends well as for the safeheeplhs
I of the ballots.
On November q the time had at last arrived when
II seemed necessary to count the ballots of the Two de-
layed precincts. The Democratic president Oh 'ne
Comfy Court Mr. Efnshaw, late in returning 10
the courtroom after the noon recess, ana wheh nc uu
so he produced telegram informing MN tra' hi'
wife was extremely i'll at their nome Ill aho'n04
comfy This telegram purported to have peeh seH' ny
+ l. Black EfnShdW lHlllleuldIcIy o%' V" AS' 49,
home and the counting of the ballots was delayed I'M
| ~ his return several days later The testimony
shows that Black never sent, nor authorized 10 DC
sent the telegram received by Ehnsha", Dut ''' ~
WAS sent by one Wells, Democratic pohtciah' VINO
was at New Martin svle, where the court was III scs
sion on the very day that Efnshaw receiver H. 10
shown. moreover, that Efnshaws vile was not sloA'
INIT that she attended a merrymahing on November
90 and seemed to be enjoying hersen
Neither did Efnshaw hasten to his home alte r
leaving Martnsyllle a. ne ycrr sick as the
telegram alleged: on the contrary ,oitcr [ around
SnTnr the forenoon and then went eisurey OIL toward
his home in the country A.. ron,ocr.tic ron.
snTators in WetzeI County knew what was requirea1
OF them and part of the WORK hae 9een a0 Mer,nie
The nrecinct returns from Archer's Fork ana Marl
school House we're allowed stand as certified by the
election ocersa majority OF MnGm %e a,d he seven
The ballots from those precincts were thereioig,
brought into court from the beer stor9r9om anu
MAS ibe Dse Of Atkinson lad been scratched on
ten ballots at Archers Fork and on fourteen Daoo ~
penS@ton had been substituted for Atkinson on two
ballots This wiped out the latters VI Sete,
and elected" Pendleton by a Ma'ori' u
The two Democratic commissioners OF eett0n at
Martins school House, the Republican commissioner;
| the democratic clerk and the Republican clerk all
| testified that the ballots were not scratchca OK
turn was was made and the ballots placed in the custody
of the Democratic deputy clerk one fS psmocrac
| commissioners, the Republican commissioner ana tne
two clerks both Of whom are Democrats Is unao.
that only one ballot on Congressman scratched
when the return was made. and II. together WIN the
poll book and ballots placed In the custouS % Io
lcrl al The County Court. In other words. tine eV-
! dence is conclusive that enough Republican ballots
from, the two precincts were "doctored by DemocIas
10 nrIljfy the VIII OF majority OF the lawful voters
of tie district and give Democratic Governor pre-,
text for issuing certificate of election to defeated
| Democratic candidate. . --.,- ,,.,.
The fellow snodgrass. the Democratic deputy
clerk who had the ballots in his custody, ierwafd
sttempted 10 sell to Chairman Cowden. OF the Re,
PUBLICAN State Executive Committee Tor tne sum + oi
scratching Of the ballots from the two precincts.