The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-07-18
THE VOTES WILL Be RECOUNTED.
Judge HorsIey's First Decision
a Victory for the Republicans.
After Listening to Arguments for Several
Hours He Decided That tho Ballots
Wore Proper Evidence to be Admitted
at This Time-The Recount VIII Begin
In the Circuit Courtroom at 10 O'Clock
This Morning.

terday evening in the con tested election
case. After listening to the arguments
OF counsel on both sides for a greater
part Of the day, Judge Horsley decided
to admit the Third ward ballots as evi.
dence and they will be opened and
counted in the courtroom this morning.
Whencoart opened yesterday morning
j. A. Page, one Of the election clerks OF
the Fifth ward, was put on the stand by
counsel for tho Democrats. He was
asked by Mr.. Scott If he knew Jack
Garst, and when he said he did was
asked to tell what he (Garst) did in the
Fifth ward on the evening of the elec-
tIon.
This evidence was objected to by
counsel for the Republicans. After ar
gument Judge Hershey decided to admi
1t.
Mr.. Page then stated that when the
polls were closed Mr.. Gsrst and someone
else wanted to get in. He was told that
he could not be admitted. He then said
that he represented the gentleman who
represented one of the Republican can
didates, and wanted to stay there until
he returned from supper. He was ad.
mitted, and, when the ballot box was
opened, Mr.. Garst picked up some
ballots, with the intention, the witness
understood, of assisting in counting
them.
Mr.. Page called attention to the fact
that Mr.. Garst had no authority to
touch the ballots, and he deslsted.
When Mr.. Garst took hold of the ballots
they had not been unfolded. The wit
ness further testified that there were
SiS names on the poll books, and when
the ballots were counted there were but
Sl7 The highest number of votes cast
for mayor was Sl3, and there were eight
ballots with the II ayor scratched off.
+. j. Rowan testified that he was in
side of the voting room in the Third
ward on the night of election. Mr. Garst
came in and asked if the votes had been
counted. Ho was told that they mad not
He then looked into the ballot box and
stirred tho ballots around with pencil
Part OF his <hsnd was in the box In
answer to question from Mr.. Staples
the witness said he thought a man could
drop ballots from his sleeve into the
box. There were ten or fifteen people
in the room and ballots were lying or
the table around the box. II person
had been so disposed he could have
slipped other ballots on top of tho bal
lots on the table without being dis
covered by the judges on account OF the
crowd.
On crossexaminasion the witness
said he saw nothing that impressed him
that night as being fraudulent. He also
stated that he had told Mr.. Pattie that
he regarded the vote as fair and square.
p j. Greeley testified that he was at
the Third ward polling place about
o'clock on the morning after the cleo
finn HhQ III md oI a ha n
ballots on the table. He thought that
an outsider could have added ballots to
the pile without being discovered by the
judges.
On cross examination the witness de.
scribed the position Of tho judges and
stated that he saw no one attenn pit to put
ballots on the table. He was asked by
Colonel Hoge if he saw anyone close
enough to the table to put ballots on it.
Upon being pressed for an answer he
said that Mr.. John w. Hartwell was
right up on the table. He did not soc
him attempt to touch the tickets, how
ever. He said that he saw II. j. En-
Rleby and Frank Camper examining Mr..
Csmpbells tally sheet
w. e. Malone, who was one OF the
Third ward clerks at the electi was
next put on tn: stand. He described
how the ballots were counted and said
that the room was crowded at times.
He saw Mr. 7 G. Engleby examine Mr..
Campbells tally sheet, but this sheet
was torn up and not used
j. T. Cannaday testified that be
went to the Third ward voting place,
but the crowd was 80 large he did not
try to get in.
o. Il. Clingenpeel stated that he spent
about an hour at the Third ward voting
place and he described how the ballots
were counted. In answer to question
from Colonel Penn he said he doubted
IL anyone could have manipulated the
ballot without the Judge seeing them.
de saw nothing that night to impress
him as fraudulent.
Policeman A. II. Griffin testified that
he spent some time in the Third ward
voting precinct. and he saw ballots
scattered around on the table. He
thought anyone could have slipped
tickets on the pile without being seen
by the judges. but he saw nothing that
night that looked like any attempt at
wrongdoing.
AT this point counsel for Messrs.
Jones, Gooch and Payne stated that
they were through with this particular
part OF the case, and the lawyers for the
Repu blicans put Mr.. Jack Gsrst on the
stand. Mr.. Garst stated that in con.
pany with Councilman Moomaw he
drove to the Third ward between l and
2 o'clock in the morning. When they
reached the voting place the witness
went into the room After staying
there shCri time he walked up to toe
table and lacked in the ballot box. He
had lead penc,l in his vest pocket,
and he stuck IL down into the ballot box
to see how many votes remained to be