Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-03-04
CONTEST In BROOKE.
MYERS, REPUBLICAN. GIFTS THB ASSESS
ORSHIP OYER RALsTOY, DEMOCRAT.
After a Years Possession the Circuit Court Unsx-
psclsdly Fires RalstOn-Ths Case Not Yet
Settled -RalstOn Will Appsa.
Special Telegram TO The Register.


schemes o. the tIicksiers, aided by com.
plaissn. Court are to be successful an
other outrage will soon be added to The
ons list OF which the Republican party
stands convicted in West Virginia Ths
records of Brooke county have never been
spotted by more shameful proceeding
than coaspi -acy which is now in pro-
gees here, and which bids fair to attain
its obs ct. By il an honest man elected
to the offics OF Assessor by majority Of
honest votes, is to be Ousted. and an oppo-
nent installed, who is shown By his own
proof to have been defeated. The flimsy
pretext on which the Republicans of
Brooke county expect 10 accomplish
this result is enough TO close
their months forever to all talk of techni-
cal contests. That immaculate patriot,
Gen. D1val, and his go good and faithful
brethren, who violated the election law,
and were DISTINGUISHED thereby, will bs 81
fenced when they view the spectacle of
man claiming an Office on votes which he
himself proved TO be illegal, and which
he challenged as illegal when be
thought they hvd been cast for his oppo-
nent. Yet that is the whole pith and mar
rpw OF the present contest in this county.
HISTORY OF THE CASH.
In the election in November 1888 the
Republican candidate for assessor had a
majority of 13 on the face of the returns.
There was wide spread and well founded
belief that large number of illegal votes
had bsen cast The Republican brethren
in Brooke county were not asleep on cleo
ton day. By q marvellous combination
of circumstances they had secured the
control Of nearly every voting place in the
county. Ballots for Golf and protection
we're needed, and the gentle repeater from
Pennsylvania and the returning immigrant
rom Ohio were welcomed as the father
we coined his prodigsl son. Rslston, the
Democratic candidate for Assessor, deter
mined TO contest. The contest notices and
return notices were filed in proper form
snd at the proper time; the contest came
before the County Court for trial at the ses
sion in January, 1889. The Court heard
the CASE adjourning from time to time at
the r, quest of the contestant and contes.
tee, and gave both sides fair opportunity
n make full presentation o. the issue.
On April 16, 1889, the contest was decid-
ed, and Rslston was declared elected 10
the office OF Assessor by a majority of oae
vote.
WHAT THE RECORDS SHOW.
The representative of the REGISTER has
inspected the records of the session, in the
County Clerks office. They show that the
votes OF nineteen persons, illegally cast
for Myers, were deducted from his total.
The rames of the voters: Sherman Kirk,
Alfred Graft, ". H. II. Smith, Josiah
WingrOve, VIM. Sbriner, ]. ID Bradley,
Edward Gilmore, Wilmer Weaver, Frank
BJwmsn, Frank Justice, George Cox,
Vim. Conner, Michael Kelly, G. 3. Mills,
John Ammon, Samuel Shreever and John
Apologize. The evidence in each case was
conclusive in character; the majority OF
these votes we're contested in the gubsrna-
torial fight. and were disa!lo|e there.
Six illegal votes were deducted from the
total accredited 10 Rslston
This portion Of the investi
CATION was subject to no posi-
BILE question. The fairness and justice
with which the majority Of the commits
sion acted were apparent to every observer.
II is a matter of record that the two Dem
ccretic commissioners vOt d against their
party seven times, while the single Repub-
lican commissioner voted against his party
only once. If there was partisan prtju-
dice in the decision it was not on the part
OF Ralslon or bis political friends.
MYERS CAUGHT TWO TARTABs
Tbs decision OF the contest turned on
two votes, which Myers challenged. The
voters we're named Ashby Davis and VIM.
P. Anderson The father Of young Davis
wore that his was a minor o. the date Of
the election, and Anderson was clearly
proven TO be z nonresident. 1t was
farther proven that both men were Demo
cratic in their political leaDings. The
contest WAS progressing swimmirg'y for
the gallant Mr.. Myers, when he suddenly
ran against suag in an unexpected quar-
ter. His evidence proved too much. II,
proyed that while Anderson and Davis
we're both Democrats and Illegal voters,
they had done what good Democrat new
or does do, scratched their party ticketa,
and voted for Myers himself There was
condemnation in the little Republican
wigwam when this discovery was made
There ~as tqnirmiHg and twisting in the
Court room. Mr.. Myers had got hold OF
The hot end Of the poker, and be wanted to
let 20. The Democrats did not intend
that be shonld let go, and be didn't let go
Myers' attornies moved TO amend
their counter notes Of contest, by striking
ont the names of Davis and Anderson,
after the evidence in relation to them had
hesn presented and was before the Court
The Democratic counsel opposed the mo-
ton, and the Court sustained them. The
decision was Just and lawful one. After
the votes had been challenged, the conf
missioners held, aud the evidence had
bsen submittei 10 the Court, showing their
illegally, it was their duty to ca them
ont; and out they went dispite Mr..
Myers weeps.
BROOKE AND KANAwHA METHODS.
The Republican contestes gave notice Of
an appeal to the Circuit Court, and here
the Brooke county commissioners display
ed a spirit in striking contrast with the
bigh-handed tyiauy OF the Republican
commissioners in Kanswha county. 10
stead OF classifying the record and refusing
to sign proper bill of exceptions, which
they had good Republican example for, the
court as in duty bound drew up its final
order. declaring Ralsion elected, so as TO
permit proper bill of exceptions 10 be
taken by the contestee's counsel. Not
OILY that, but the court adjourned until
MAJ 16, in order to give the contestee sufii-
Gent me to copy ths record and prepare
bill.
MAY 16 came; tie County Court met
and war ready to do its duty in signing
Myers bill of exceptions. bat neither
Myers nor his attorn;es put in an appear
ance. No bill OF exceptions WAS present.
ed 10 the court; none was ever signed, and
10 record of the case was made. Having
neglected the essential papers on which
TO carry an appeal TO the Circuit Court,
it was general concluded that Myers had
given up the contest. 10 fact it YVES so
announced, but Mr.. Myers probably had
confidence that the tribunal TO which he
was appealirgly would fiud a case for him,
where he had failed to make one himself