The times. [volume] (Richmond, Va.) 1890-1903, 1892-04-13
SP0TSW00D VS.. SMITH.
TIE CONTEST Still UNDECIDED.
Committee Witnesses Examined and
Argument by tho Attorneys.

The hand Of the circuit courtroom clock
had nearly reached tie hour Of nine when
Chairman Wood called tho city central
Democratic committed t. order last night 20
further consider tho request Of Colonel II. l..
Spotswood for recnnyass and recount Of
tho vote for Commonwealth Attorney in the
late primary election The courtroom was
worse crowded than on the night before
and tho crowd rather moro excited.
Mr. j. J.. Flournoy. az soon as the hum Of
voices ceased on the call Of order from the
Chair. arose and moved that az the meeting
was OF great interest TO tho people and be-
ionged to the people Il be made an open
session. This WAS enthusiastically met by
the crOwd with applause. and tie Char threat
cned 10 clear the room Il IL was repeaied
Mr. Jefferson Wallace seconded the 10 ton.
Or. Wood surrendered the chair 10 speak ID
opposition @ the motion.
He said be was wiling that the public
should stay while the lawyers are speaking
and while the case was IN progress. but that
when the committee came % the timo 10 de-
hoeratc among themselves It would be best
to be % themselves: that members werenheiy
10 say things Ia the heat Of debate that they
III ght be sorry for, and would ike 70 have
withdrawn
Mr. Flournoy defended his motion and said
If the people could be allowed 10 hear the mr.
gument %. the lawyers they nigh, fos the
same reason hear TIE evidence.
Or. Wood explained that he meant that
they should only be excluded when all the
evidence was In and when the committee were
ready to weigh all that might come before
them.
Dir. Flournoy said thst was what he meant.
too. Mr.. Dennis ONen moved as suDstl-
tute that the public only Do allowed to hear
the argument. No second.
FOR IHK PATTY.
Mr.. Thomas Hicks spoke az length against
public meeting. and said that be acknow.-
edged that tie public bad rights, but that
there were two sides 10 tho question. and
the committee Also had rights. lie
WAS for the party and not for Colonel
SpOtswOOd or Mr. Smith. and he belie' ed
the best interests Of the party made
an executive session best at time when o
presidential election was so near at hand. and
anything they might SAY and DO now would
have Its effect later on. lie moved as SUD
stItute for the whole that the committee DO
now 90 into executive session. An
aye and no vote WIS taken. Dr.
Wood. who WAS busy. voted ave. and
moment later asked II tie understanding was
not for an executive session wnen the argu-
ment by c0uuse. WIS closed. Being answered
that It was for immediate enforcement be.
after dehDeration decided 10 let has vote
stand. The whole vote stood. Ayes 10 and
noes -
ALL MUST LEAyY.
The chairman then announced the vote
and requested all 10 leave the room. The
crowd. however. made n movement 70 90
and showed q decided dlssail- acton 40 the
decision 0f the committee and stubbOruly
resisted any effort % disl0dge them, he
chairman finally sent for the police 20 clear
tie room. and the crowd SLOWLY gave way be-
fore the commands of an officer and very
blugly retired after twenty minutes
deiar.
after tie crowd had been excluded % was
decided that members OF the press should re-
main aud that the testimony given should he
printed. Colonel SpOtswOOd stated that he
had been busi.y engaged throughout the day
in endeav0ung 10 get the necessary evidence
hut tnat be had found the task a difficult one.
and did not az yet have all his witnesses ready.
There was one, however, who was on hand,
and WHO could testify concerning ore pre-
cinct.
A long discussion then ensued between
counsel az 20 the kind Of evidence AMI the
manner in which il should be submitted aud
it was 1nally agreed that Colonel Spotswood
should be allowed O. introduce such evidence
as he then had and ia tue order tnat best
suited himself
THE FIRST WITNESS.
Mr.. a. S. Duke was introduced az the first
witness. and said that he was 40 the Third
Jefferson precinct for fifteen minutes before
the polls closed. When they got ready to
close the doors they called the witnesses. but
none entered jim BOttO shut the doors and
then came Ont and went into his bar-room,
STAYED about two minutes and then went
back again. Mr. j. X. NollOy, Jr.
tried TO look in thr ugh the key-hole but l
said. No. climb up and look over the window.
! started TO push him up. but he pushed mo
up. and j saw Mr.. BOtto. Mr.. Per
due and Mr.. Lowe. Two OF them
we're at the table and hr. Botto was
standing He had a package If papers
in his hand. got down then and soon Mr.
BottO came out smiling and treated the whole
crowd. lie seemed mighty happy and called
Tom Bowler and whispered to him. All !
heard was quick as lightning" Bowler SAID
ali right. ola boy and then lott,
Being crOss-examined he said he did not see
any bal0t-box IN the room and would not
know one il he saw it. Ills second state
ment tailed fully with the original.
THE NEXT wIrNtss.
l.. C. Hackett was next put on the stand.
lie testified that he WAS 40 the II Td precinct.
Jefferson ward from sunset 10 sunrise but
did not see the ballots counted. lie gave tie
names OF several more persons who were IN
the room az tie time than the plan OF the
primary authorized
Colonel Spotswoods counsel then intro
duced a paper heretofore mentioned contain
ING the certificates OF forty voters OF the
Third Jefferson precinct who stated that they
voted for him IN tie primary. Colonel spots
wood claims that these l0rty were Obtained
from seventy-nine seen by him ont OF total
vote for the precinct OF 3O' while the returns
only allowed him thrty-si8 votes.
Mr.. Smiths counsel oh ected to the intro
duction OF the paper as evidence. Mr. Smell
ing- of the committee. moved that the paper
he not admitted ~ evidence. but that G lionel
Spotswood be permitted to introduce as VII
nesses the s.gners # tn same Considerable
4 .scussion then ensued. Colonel Elicit said
that trev had introduced sufficient testimony
10 show that fraud had been committed Tut
by looking at the POLLOCK they could SIT
this matter O. the bottom and ind ont Just
what had irauspred. lie asked that the poll
b, Ok be given him. and that the committee
adjourn until riday night
AIr. Cosby here interrupted 10 ask If he
was arguing the question. The chairman
replied 10 the question. and stated that The
mott Il before tie co mit'ee WAS tie accep-
lance OF the rec ton oi the PAPER and
asked II Colonel SpoiswO0t wanted 20 with
draw the paper and Introduce tie signers Is
witnesses Co onel Elicit replied. Yes Sir
Mr. Cosby objected.
t.TrN I.. sNOOD OF THE STAND.
Coi.nel SpOtswOod was on the witness
s,e,d and answered "a number Of questions
'mt Inv tie opposing counsel and the com
,nittee Nessrs fllett. GuigOn snd Mcclure,
disoussed the question az length for the con-
cost and Alessrs. Cosby and Richardson
49, TIa cnrfeaffrg claimed