The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1893-09-27

by official ballot, which could not be the
case when the ballots were thin enough
to see through, and an election was a
nullity from beginning to end where..the
requirements were not complied with.
Mr.. Wathen followed for the plaintiff.
He said that the will of the people would
indeed be defeated by trampling under
foot the Constitution Of the people If a
ballot that should legally be secret was
allowed to stand when it was really not
secret. He claimed that the intention OF
the voter did not enter into the question,
and cited the law on the point. He said
that he did not charge the election Off
GERS with taking advantage of the thin
ballots to commit fraud. But he con-
tended that it would defeat the funda-
mental organic law of Kentucky to let
such ballot pass. He spoke for an hour,
and closed by telling the committee that
the eyes of not only the people OF the
Tenth district but of the whole State
were upon them.
Mr.. David X. Murray then began to
speak for the defense. 81, too, say that
the eyes of the people OF this State are
upon you, lie said, "but to this effect:
They want to know whether the will OF
the people as has been expressed shall
prevail or shall it be thwarted by you,
They do not claim that any votes were
influenced. Can there be such a disin-
terested motive behind this contest that
their only object is to uphold the Consti-
ton, as they claim? Who will believe
such TO be the case? want to call your
attention to the fact that the secrecy Of
the ballot is not for the benefit of any
candidate, but for the voter, and why
don't they prove that the voters were de-
prived of their franchise? No, the yot rs
are satisfied, but Candidate Gus Richard
son is the one who comes before you, and
even he does not say, Il would have been
the nominee if the ballots had been thick
err No, he wants to put the district just
where it was before the primary was
held" 1t was nearly o'clock when Mr..
Murray had finished his speech. Mr..
Straus was allowed to speak again, and
the argument was closed by Mr.. Murray
and Judge Murray.
Following are the minutes of the meet
ing:
The Democratic Committee for the
Tenth Senatorial District met at Clover
port, Wednesday, September goth, 1898,
for the purpose of hearing and deter
mining the contest between A. ]. Gross
and Gus w. Richardson, arising out of
the recent primary election. Present,
w. X. Barnes, Chairman and member
from Breckenridge; +. j. McAulilfe,
member from Meade; Clarence Ct. Ster-
ret, the member from Hancock, being
unable to be present on account of sick
ness, gave to Judge r. Y. Bush, of Han
cock, privilege to represent him.
Judge Barnes made statement de-
Tending the actions of himself and Mr..
Sterret at the Hardinsburg meeting.
Judge Barnes read to the assembly Mr.
Sterrett's written proxy. The Committee
decided that Judge Bush should not be
allowed to sit. t
The counsel for the contestee moved
that sections two and ten of Mr.. Richard
sons notice OF contest be stricken out for
uncertainty. The motion to strike out
sections two and ten was sustained, to
which counsel for contestant objected
and excepted, at
The counsel then proceeded to argue
the general and special demurrer filed at
Hardinsburg, September 18th, 1893. Al
ter the argument had been heard the
Committee adjourned for elaboration,
to meet again at nine O'Clock Thursday
morning.
By request of counsel OF contestant the
statement read by Chairman Barnes and
the proxy offered and the letter accom-
panying the said proxy we've filed and
made part OF the record. tEa1
The contestants objected TO Judge
Bush's serving as proxy for Mr.. Sterrett,
and the Committee agreed that the OBJ
lection ought to be sustained. m
F. j. MoAULIFFE, w. X. BARNES,
Acting Secretary. Chairman.
THURSDAYS SESSION.
Pursuant to agreement before adjourn
ment, the Committee met at 8 o'clock.
The presence Of Clarence G. Sterrett, the
member from Hancock, was noted by
Chairman Barnes. After being sworn
Mr.. Sterr, tt took his seat with the Com
mittee.
Counsel for contestant objected TO MIR.
Sterret's sitting upon the Board during
the hearing OF the demurrer before men
toned. The objection was over-ruled to
which contestant excepted.
After consulting authorities, and suffi-
Gent deliberation, the Committee decid-
ed to sustain the general and special de-
murrer, F. j. McAuliffe dissenting ex-
cept as to section seven. The majority
Committee delivered their opinion in
writing and the member from Meade
read his opinion dissenting.
The contestant filed, without objection
on part Of contestee, an amendment to
his notice. The con estee announced
ready to try upon the evidence upon said
am ndment denying the allegations