Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-04-13
his hand when he came outa A. I think

no knows me.
Q. Is he hale, hearty. healthy man or
not A. No, sir. he looks 20 mo like he IS
struck with paralysis He couldn't walk
good and has only one eye.
q. DO you know the names OF any gem
tlemen MIR. Botto' took into the bar
room2 A. No. sir: ! couldn't see.
Mr.. DAVIS then asked the witness IL he
understood him 10 say of hIs own know
ledge whether the papers Mr.. Botto had ip
hls hands were ballots OF not. A. They
looked to ne like the voting papers ! saw
handed around on the day of the election.
q. You say that they were probably An
inch thick? A. Between one half and one
inch.
@. Were they folded together? A. They
were folded together.
q. You say you saw Mr.. Botto, MIR. Pur-
due, and Mr. lowe--were these the clerks
don't know.
THE yoTIEG WAS ALL OVER.
Mr. Wallace asked the witness II he was look
ing through the transom after tho voting had
ceased. A. Yes, sir; the doors were closed. i
only saw three men, and they called out some
committee-I MT know their nsmes
q. IL was after the voting was al Cver7 Yes,
sir.
Mr.. Flournoy asked: Could you sec every por-
ton Of that roomf a. don't suppose could see
ovcry cornor, bat I came mighty near seeing al
over the rooin.
CHAIRMAN Wood asked: DO you think there
was any portion OF tho room man could have
been In without being seem ? A. Yes, SIR. Those
we're tho only persons j could see.
"Didn't you stste," inquired Mr. Smith, "in
response 10 Colonel SpotswoOde question that IL
was nfioon minutes before the polls closed when
you were looking int" A.. j never said 80. III
was after the polls closed and no more voting
was done. | was there fifteen minutes before.
a.. Nf.rsfr N
the doors before you looked in7 A. About five
minutes.
Q. bid you have fun view OF the tables and the
bslot-boxesf A. don't know what the ballot
boxes are. The only papers saw were those
Mr.. Botto had In his hands.
O. Was the crowd Mr.. BOtto asked In the bar
room tho crowd on the outside? a think they
were some Of the committee.
Mr.. O'Neiil: 'Could you tell n ballot-box from
n tray7" al could tell a tray when see IL,
replied the witness.
Mr. smith asked: Did you seq any boxes on
that table at all? A. can't say that did. Mr..
Lowe was on one SIDE ana MI. bOtto on the oppo-
o. We're they close together? A. Yes, sir
their heads were close together.
Q. Anything Mr.. Bott0 had would have been
seen by the others7 A. Yes, sir.
Q. Did you notice Mr. BottO when he came out
OF the room? A. Yes, sir; l noticed when he
came out the door, =
q. Did he have anything In his handsf A.
O. understand you 70 say that you didn't see
any baliot-foxes or anything that you 1recog-
niZed as q ballot-bOx. These three gentlemen
were close together, and anything Mr. Botto
could have done would have been seen by at
least one OF the other gentlemen. A. saw MN
with the papers In his hand.
In response 20 a question the witness said that
the papers MIR. BOtto had in his hand looked IKE
voting-papers-the same he had In his hano
about , O'Clock.
Q. You didn't see him put anything In the
boxes? A.. No, sir.
q. How long did you remain at this door after
looking through n9 a. Between hve ana ten
minutes
o. Did Mr.. Molloy do anything? A. left
him there NJ the door.
q. You saw Mr. Botto when he came out? A.
Yes, sir.
o.. You had seen a bundle OF voting papers
did you see them In his hand when he came out
A. did not.
TALK ABOUT DIRTY WORK.
Policemen Rex was the next witness intro
duced. After stating his name, occupation and
ADDRESS, he said: met Mr.. Botto the day after
tho election. ! told him thought some dirty
work had been done az our precinct lie said
Yes but be had nothing to do with II. lie
sold the luor; That was all. IL was al SAID be-
tween us o jOyial way, and this was the whole
of the conversation that passed.
TO Mr.. Cosby: Whatever passed between us
was in q ioyal, joking way.
TO Mr.. Bowry: / made the remark about dirty
that Charley Epps got moro than nine votes
there.
NrL. c. Haacko testified: / was at Third
precinct Jefferson Ward, from sunrise till the
polls closed. left some five or ten minutes
after o'clock Messrs Perdue, Lowe, and
Rovster wore In the precinct during the day
also. Mr.. Johnson, but he was not behind the
desk. He was simply tauying. purhS the
counting there were IN the room Messrs. vi,
hons. Fagan, Botto. Cree, Richardson, Jim Can
non. and John X. MO!lJy, Jr. and the Judges. 1
reuresonted lots OF the candidates; Mr. hlng, Coi-
onel Spotswood, and Mr. Jennings among them.
Mr.. McGure: How many ballots we're cast Tor
Mr.. jennings
Witness: DON'T know.
MR. Cosby We object 70 that.
SAID TBKY VOTED PoB nm.
Al tho conclusi0n Of Mr.. Haacko's testimony
Colonel SpOtswOOd presented paper signed py
forty voters, who certified that they yOteu loi
him. and asked that IL be accepted as evidence
Mr.. Cosby said he objected TO the introduction
of the paper. There WAS no precedent Tor tht
admission of such paper as evidence; "
course no one doubted the statement oil Coiohe
spotsTood that the men whose nam@ were az
tsched signed the paper but his side wanted tt
bave fhese men brought before the committee
and examined. ...,,. ,,.. ,ho
paper was strictly evidence. The best evidence
was n mans testimony. Tho paper had Deel
introduced by his client 90 show the discrepancy
between tho number OF votes he received ant
those he was credited with. III bore upon th'
question whether this committee should accoI.
Colonel spotswOOd a rccanyass ana recount
lie agk ed that the committee adjourn until Fra
day night IN order to give Colonel opotswcoC
time % get his evidence.
Mr. Cosby said his client withdrew oDlec!lOh U
the introduction OF the paper.
Nr Wallace said 10 was contemplated unde
,bc urinary plan that a contestant should have
reasonable access 20 the returns IN the posses
sion OF the committee. IN his judgment Ioione
SpoiswOod should have access 10 the poIi-pOoA
he wanted 10 examine.
Nh Toabv said Colonel StOtswoQd had charged
fraud especially at the Third Precinct OF Jeuei'
son Ward, and had produced all the tesuinoh.
an which he based his charges. The committee
I'm his Judgment, should pass upon Coone
Snotswoods demand on the evidence he ha'
adduced. The case eught TO be tr1ed upon IN
Testimony upJn which he based the charges II
antagonized the proposition that colonel spots
wool should be allowed TO throw out drag-ne
and have access 10 the poll books, as no coui'
NOT say that by access 70 the books ne conlu pro
duce any other evidence than had ALREADY Deer
Wr Cuigon. of counsel for Colonel Spotswood
denied that the latter had charged, as asserte
by Mr. Cosby, TINT the Democratic party hes
committed fraud lie hal, however. charge
| mat fraud had been committed at certain pre-
| cincts. lie had shown enough 10 base irregu
| layity upon. Was IL not reasonable 10 suppos
| no could, n he had access TO the DOCKS, sho'
/ more? Mr.. GuigOn, continuing, sara tnht ne Dt
| lieyed the Democratic party and the pupli
wanted Justice done, If q drag-net had 10 D
thrown out 10 do H.
WOULD BB A DANGEROUS PRECEDENT.
MIR. Richardson, Of counsel for Mr.. Smith, sal
/ no was present not 80 much 10 represent Nj
| SmIth. but other true ana tried men agains
| whom a crime had been alleged. The men wn
conductsd the election were placed In thei
nositions by the committee and were swori
/ Charges were made against them which, unde
the laws Of Virginia, II sustained !
/ n regular election, would consign tnei
| IN The penitentisry. Would the committe
! axe The statement OF any four, dozen, or hun
! ared men against the sworn returns OF thes
! or,cergY such precedent would disrupt Ia
1 nrjmarv pian. When men are voting for thu
4 teen or fifteen candidates II is Impossible net
] make mistakes. lie begged the commttee II.
/ ,o plisl the precedent OF taking the test
/ uony alter election OF five men 10 overthrow th
! sWorn statement Of the onicers. III th
1 gentleman had shown trRud-and tl
sneaker did not think he had-iet him have
| recanyass and a recount lie was surprised 9
! mo nitnsy testimony on which these charge
were made II Colonel Spotswood were Above
| me books and permitted 20 so around roi
i house 10 house getting the statements OF me
| that they voted Tor hun, where would the matte
| endg The Knight ease was decided on VA
/ ground. Tho Senate OF Virginia had said in tha
contest that you could not do what Was now pr'