The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-12-01

noon RHen the DohEu Oh ~CIuNhS66IS DC
gan to count the ballots OF precinct n
OF Union district, the court house pre-
cinct. Tho time from $3.50 till IL was
consumed in discussing what the min
utes Of the previous days session ought
to show ms to the exceptions to yellow
ballots and tho mandamus proceedings.
In the morning the attorneys appear
ed in Judge Campbell's court to argue
the mandamus case, but as Prosecutor
Howard had to conduct the Church
murder case for the state in Judge
Paull's court. it was agreed to postpone
proceedings in the mandamus matter
Saturday. 1t was owing to this post
ponement mainly that it became a some.
what delicate question what the record
ought not to show. An agreement as
to how to word the entry was finally
reached. err
When the count was recommended,
tho question arose, what TO do with the
ballots like those the circuit court had
commanded tho board to refrain from
counting. Some members feared that
to count such ballots would be contempt
of court, while others thought each pre-
cinct where they we're counted would at
once become involved in mandamus
proceedings.
After some farther discussion, it was
decided that III each precinct all quos-
tionable or doubtful ballots should be
sealed in u separate envelope and 80 re.
placed in the sealed package of ballots,
and after the pending questions had
been decided by the circuit court the
recount should bo finished. In the
meantime the record only shows there
suit OF the recount so far as counted"
80 that no precinct can be definitely set
tied for several days.
IT VOTES LOST.
Precinct one was counted, and four
ballots Of the character involved in the
mandamus were enclosed in an envel-
ope. So far as counted the re-
suit showed u loss Of nine votes for the
Republican ticket and four for the
Democratic. This was supposed 10 be
attributable to the ballots known to
have been by error sealed in a separate
envelope and returned to the clerk OF
the circuit court.
Mr.. McGregor offered a resolution
that the envelope containing these bal
lots be now opened and the ballots
therein counted.
This was promptly voted down, and
the board took a recess till l p. II.
In the afternoon Clay No. 8 was taken
Aftn. a. - g., - knN .~f aSCnNAfnnu nm
one side or the other, u ticket was
counted for the Democratic candidates
which was pretty nearly all erased.
Mr.. Smith said: 1--WE except to the
counting of that ticket"
Mr.. Cruise said: CHATS all right"
and went on reading, but after while
stopped and said: Consistency, thou
art u jewel"
az should say So" said Mr.. Smith.
and Mr.. Cruise went on reading, Mr..
Smith repeating meditatively in a mo-
ment, "Well. I should say sol"
Clay 5 showed:.a loss of one for Her
vey, two for the Republican legislative
ticket entire and two for Franzheim.
Clay precinct A was next taken up.
The most notable feature Of the vote in
this precinct was the number OF Demo-
Gratis who scratched Franzheim.
Tho count being finished, showed a
gain of one each for Tarr and Hervey, a
loss OF two for Smith and one for
0'Kane, and q loss of one each for
Moffat and Franzheim.
o'Kane now had nine majority.
THE CIRCUIT COURT
Just as the count was nearly COM
pleted, and President Cruise was in the
midst of reading a ticket, Deputy Sheriff
Bentz touched him on the shoulder and
handed him n paper.
"All right" said Mr.. Cruise; "wait
until / finish this ticket"
The paper was another mandamus,
aud read as follows:
"IS THY CIRCUIT CouEr FOR ONO COUNTY, W. Va.
rs. G. Smith VI. the Board OF CanvaSSen-Nan.
damus No. ..
The said s.. G. Smith having fled his affidavit
and t%hereupon moved this couFt for u writ Of
mandRmus commanding the board OF canvass
ers OF Ohio county TO count fifteen ballots there.
IN for tho Office OF delegate from said county.
1T Is ordered that said board OF CanYHSscrs do
forthwith count for said office the fifteen ballots
in said AFFIDAVIT mentioned, being ilftcenlballola
cast in precinct No. ] Of Union disirictO of Sald
county. which by the election officers at said
precinct were delivered to tho clerk OF tho eli.
cult cpurtof said county aud by tho said clerk
were delivered to the said board Of canvaSserS on
The 2lBt day OF November, 1892, and do refrain
from signing any count, tally. certificate or
record OF tho vote In that precinct until sale az
teen ballots shall have been counted and made
part OF such count. tally, certificate and Fecori.
and do make aud certify u complete transcript
from the order book Of the said board OF It's pEO-
ceedingS with respect 10 said ballots md Trans
nit the same TO tho clerk OF this court, or else
aluf antl hoard nj FUuVngsnFl gtNntV rnnga nm No..
Cember !. at 1880 u. M. 10 the said court in Part
Iwhy II has not obeyed this command.
"a copy Of this order may DO served upon tho
president oil Aaid bVG!d OF canyassers in Lou OF
the writ Of mandamus herein directed"
THE count" dogs on.
Clerk Pcndleton read the writ, and
a minute showing it had been served
was directcdto be entered.
Precinct three of Clay was next taken
up.
A ticket was found on which u cross
had been plainly marked above overy
ticket but the Republican. which was
clean. Mr.. Hall moved that it DO not
counted, and his motion was adopted.
McCiregor, Bates and Bade voted to
count it as q Republican vote. Mr..
Smith took exceptions because II was
not SO counted,
In this praelact O'Kaae gained one
vote and McColloch lost one. Franz.