The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-01-25
REJolcED AT THE OUTCOME.

sumed the obligations placed upon me
blythe freemen Of West Virginia. l fell
that 1t was a summons ana recognized
Its authority. Read this notice Of con.
test, and see II does not contain such
charges as | allude to. answered the
notice. Again have l been criticised
and abused and that ia always easy,
though not always fair. When you
come to atlidavits, when you come to
discharge II sworn duty it Is different.
In replying to Judge Fleming it was
necessary to give ull the infractions oi
law TINT had come under my notice. |
invite your attention to the difference in
Judge Fleming's original notice; in my
return notice, in Judge Fleming's return
notice and IN my return notice. My
return affidavit Is the same. My counter
affidavit reads that matters therein act
forth were discovered by him after lie
had given his notice.
DEFENDS FLEMING.
| am going to defend Judge Fleming
against the accusation OF his friends.
They tell you that Judge Fleming knew
OF all these things in his counter notice
when he filed his original notice, but
that he would not put them in that plea
and rely on them, but held them back
until should file my return notice. l
do not believe this OF Judge Fleming. l
believe that when he made that afIida.
vit he did it conscientiously and did not
swear falsely. 1t is not the first time
that men have had reason to pray
to be savrdirom their irieuds. You de.
cided not to do what thought was right
in the matter OF canvassing the returns.
Then came another dnty-to take that
Office il | could, leaving the courts to de.
eide. l waited no trouble and endeavor-
ed to so arrange the complicated situa-
ton that We might move on side by side.
build up our homes and add to our hap
plness. This was not done in the night
time. said to the man who held the
office to which ! was elected that it was
better to arrange how it should be done,
and it was done.
eE ACTION OF SUPREME COURT.
That the Supreme Court held that l
was not entitled to exercise the duties Of
the otlice-not because was not elected
mo, no-but. because the Legislature
had not declared the result. Again we
submit to the judgment OF the court.
Again We come before another court.
We met in the counties OF the State
everywhere, and dispositions were taken
andsubmitted to the committee. Charges
and counter charges were investigated
and reported on under oath. The COM
mittee meets to consider dispositions
and report what this Legislature should
do and the reasons therefore. You must
read them through the eyes Of others.
1t is shown from their own report, pre-.
pared after long months OF delay. 1t is
shown that there were fewer illegal
votes cast than perhaps in any election
in our history. It is shown that the
contestee had no plurality.
STUBBORN TRUTH.
How do you propose to get over that
simple fact? How will you try?
A fair analysis Of the majority report
shows that the man who had llO at the
beginning had more at the end. do
not propose to discuss the law. There
is on this point but slight difference ol
opinion, The one great charge, the
one sole hope contestant has, is the
allegation in his notice and the facts set
up in the majority report relative to
illegal votes in Mercer and Mcdowell.
| wish YOU could see the development
in that wonderland. 1t would make
you prouder OF your State. When you
consider that other counties in your
State will soon be MERGERS and Nc.
Dowclls you will be prouder still. You'll
see, collieries, cities, railroads, ovens,
night-lit by the flashing flames where
but few short months ago were eternal
solitudes. You will see there what you
waut to happen in your own counties
refer to these things because they note
the votes polled there as wonderful.
WHAT THE EVIDENCE SHOWS.
l now invite gentlemen to remind me
il am wrong on these counties. I be-
lieve the evidence shows there was an
organized effort by my political friends
to see that no false ballots went in in
Mercer aud Mcdowell. This is showr
in the evidence, and nobody dare take
issue with it. 1t was like the old proc
lama,ion tothose entitled to vote to come
UP and be heard Yet large numbers o.
votes have been subtracted from m,
vote. In isolated cases those which
looked like illegal ballots were taker
from GoG; though there was not til.
slightest evidence that one OF them hat
been cast for Golf. am glad it is trut
that all these names are names OF mer
who were there and had been there foI
months, neither colonizers nor repeaters
living there and earning their livins
there. 1t won't do to say now whether
it is good policy TINT sons OF these mel
shnll have the right to vote. That was
settled in the years gone by. What We
have to consider is whether these mer
were voters.
| DISCUSSING THE EVIDENCE.
William Anthony, Mercer county
charged with voting illegally at Mill
Greek. The testimony shows thai
Anthony is u negro, a young man, and
has no family. That is all. The same
testimony shows that Anthony WORKED
for John Cooper & Go. through the en-
tire year OF 1883. There is no proof thu
Anthony was a Republican or voted tht
Republican ticket. Witnesses who dc
not know Anthony and do not mentor
him say; "The general reputation Of til,
negro is that he votes the Republican
ticket" But it is proposed to take 1
vote of GOT, and away goes GoE: Be
cause the pay roll does not show An
thony was there in November aud Dc
cember, 1857, it is concluded that h,
was not good voter and out goes vot,
for Goff, though it was never showl
that Anthony voted for Goff. On th,
law rs laid down by Judge johnson tn,
law presumes that his vote was legal
The majority has thrown out this vote
viii you do it gentlemen 1t is not ou
duty TO show 1t was a good vote. It i
. tho duty ofthe man who stabs this vote
tp show that the vote was bad. That j
, the law. There is no escape from il
The law is right, for men who are inter
ested in that community, who know th
! people there, will see that no wrong i
/ done, They stand there as iudpes Sf In