The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-07-17

Roanoke ID once mora in the throes of
a contested election, and unless mat
tors take an unexpected turn the prob
ability is that the entire week will be
consumed with the case. About 400
subpnnas have been issued by the clerk
for witnesses, and over 200 have already
been served. A large number OF these
are for negroes. and many of them have
left the city. consequently they cannot
be summoned.
Judge Horsley convened court
promptly at 10 o'clock yesterday morn
ing. great deal Of interest was mani.
tested in the case and the room was
packed with spectators, many of whom
were witnesses.
The petition Of Geo w. Ramsey and
others WAS demurred to by counsel tor
the Democrats on the grounds that the
interests OF their clients would be az.
fected in different degrees by q recount
OF the vote. This evoked considerable
argument on both sides, but Judge
Horsley overruled the demurrer and
proceeded to hear evidence as to whether
or not the Third ward vote can be re-
counted.
Lynch Gardner and C. f. Ray. two of
the Third ward judges, were examined
during the morning session. Gardner
testified that the total vote Of the ward
was 9s4, while Ray maintained that it
was 9S5, tho latter being the mum Der on
the poll books. Both witnesses testt-
fled that the failure to put the nun Der
of votes in the certificate OF the iud Res
and to sign the poll books was an over.
sight. Al this stage OF tho proceedings
the court ad journed for dinner.
s. Campbell was the frsi witness
examined at the afternoon session and
he was kept on tho stand for an hour
and half
He testified that he was ono OF the
clerks OF election for the Third ward
and then gave detailed account OF how
the ballots were counted aud the talley
sheets kept G. K. Malone was the
other clerk and sometimes their tallies
would differ few votes. When such
discrepancies were discovered the clerks
changed their sheets to correspond with
each other. The witness said he gen.
orally corrected his with Malone's.
Mr.. Campbell further stated that
after the count one of the judges said
there we're 984 votes cast, while the poll
books showed that this mum Der should
have been 0S5. In regard to the report
that the ballot box had been interfered
with he knew nothing about it, He
saw no one except the judges touch it.
On cross examination he said that the
room was crowded part Of the time the
count was progress and it was almost
impossible to form any correct tally as
to the true vote on account OF the con-
fusion and talking around the clerks
To the best of his knowledge, though,
he believed it TO be correct.
Lynch Gardner being recalled testi.
fed that ne was present when the bal
lots were scaled up ana in fact helped
to seal them. He identified paper bag
az the one obtaining the ballots and
said tho fastenings looked as though
they had not been tempered with
Col. S. s. Brooke, clerk of the court,
and w. f. Bryant, deputy clerk. testi-
fed in regard to the ballots being re-.
ceived in the clerks office.
At the conclusion or MIR. Bryant's tes-
timony Mr. Glasgow stated that they de-
sired to submit the ballots as part Of
their evidence and asked the court to
have them counted. This was objected
to by the opposing counsel, who claimed
that 1t had not yet been shown that the
votes were legal ones, and until thas
was disposed Of recount would be a
waste of time.
His honor decided to hear all the eyi-
dence as to whether or not the votes in
the Third ward could be admitted. Mr..
Glasgow announced that their side was
through and the contestees put J. b.
Clark on the stand.
Mr.. Clark was one of the Judges of
election in the Third ward, and he gave
a detailed account of how tho vote was
counted. He also testified that Jack
Gsrst. about IL o'clock that night.
stirred up the ballots remaining in the
box with LEAD pencil in order to see
how many there were to be counted.
He did not call the attention Of the
other judges to this fact, as he did not
suppose that Mr.. Gsrst was trying to
interfere with the ballot.
In describing how the tally sheets
were corrected Mr.. Clark said that the
discrepancies were reconciled by the
two clerks. They conformed one tally
sheet to the other. They always tailed
the short ono up to the long one. This
last remark created laugh from the
spectators.
MIR Clark also described two ballots
which he had found folded together and
which looked as though they had been
cast that way. He referred tho matter
to the other judges who decided that
they were good ballots and counted
them.
at the conclusion OF Mr.. Clark's evil
dence court adjourned until 10 O'Clock
this morning.
Midsummer Prices and Terms:
THE Hoobie Music Company, appreci.
ating the dullness at this season, and
esp cially this year, have inaugurated
special prices and terms which have