The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-07-20

u0 hOHONOuOuS tSSR OF nearing the
evidence in regard to alleged illegal
voting at the May election was COM
mencsd yesterday before Judge Horsley,
and there is no telling when the end
will be reached. Counsel for the Re-
publicans sprang question in regard to
legal and illegal voters that would, had
the Judge decided their way, have ended
the matter; but the court decided diff
ferently and the fight will now be a long
and bitter one.
The first business transacted yester-
day morning was the examining of the
ballots that had been laid aside as
doubtful tho day before. The one that
was counted for aartwell, mentioned in
yesterday mornings TINES, was finally
rejected end one that was supposed to
have been cast for Gooch, but which
had not been counted by the court, was
also thrownsaside. There was ballot
cast for Hartman, which counsel for the
Republicans claimed should be counted
for Hartwell. The Judge took this
matter under Amusement.
The taking of testimony then COM
menced and counsel for the Republicans
introduced Geo. S Rhodes. He testified
that he copied the registration on the
First ward book at the request of Mr.. A.
S. Asberry, about May IS, and on the
following Monday Mr.. Oscar D. Derr,
the registrar, met him on the street and
told him he had some other names
which he would be glad to have him
add to the book. The witness got the
book and copied eight names on it Tho
names were all written in ink. Tho
witness pointed out a number of names
~ ~
pencil and were not in his handwriting.
On cross examination Mr.. Rhodes
stated that he was not positive as to the
date of copying the book but he thought
it WAS the Friday before tho election
He did not know who added the names
in pencil
Later Mr. Rhodes stated that on look
ing over his book ne found that he
made the copy May Is.
K. Gregory testified that he was at
the First ward polling place part of the
time on election day and saw mum Der
OF people vote on certificates of regis
trars. He identified number Of names
as having voted in that way. He
WAS one Of the Republican workers
on that day, and explained how the
names. in pencil, were wri item in the
book. They were the names of those
whose names were not in the registra-
ton book, but who voted on certificates.
The witness stated that some of the
men who voted on certificates, as far as
he could tell, cast Democratic ballots.
At this point Mr.. Glasgow arose and
stated that he did not think it proper to
put witness upon the stand who, by
certain circumstances, may have seen
electors tickets, and testify as to what
those tickets contained without the
consent OF the electors
Ageneral discussion followed between
the counsel. Judge Robertson claimed
that II it was proven that q man voted
illegally they had right to show how
he voted, provided they could do so
without forcing him to state it himself;
that the law did not undertake to pro-
tect him. Colonel Hoge maintained that
the veil of secrecy was i'm penetrable as
to all persons who voted. The question
or his legality or illegslity was ques-
tion for the judges OF election to decide.
AT this point the court adjourned
for dinner, at the request OF Mr.. Glas
gov, who stated that no desired to
look up some authorities on the posi-
tion taken by Judae Robertson. When
1t reassembled after dinner he an.
nounced that he could find nothing to
combat the ground taken by counsel
for the other side.
The examination OF Mr. Gregory was
then continued and he was submitted
to severe cross examination by Mr.
Staples but no additional facts were
brought to light
Capt. j. f.. Peck stated that he went
with MIR. Rhodes when he added the last
eight names to the registration books.
He read them off as follows: Il. E. Bell,
8. E. Boitnott. S Buck, +. E. Booth,
w. e. Ballard, e. A. Burk, R w.
Brown, e. D. Brady.
e. c. Hoge stated he had known T.
w. Spindle for twenty years. He lived
in Christiansburg until four years ago.
His family had moved to Salem. He
has never had residence here that he
know of. He thought his family once
boarded at the Ponce de Leon Hotel for
month or 80. He has been in Roanoke
moro than the witness had. He cannot
say whether Mr.. Spindle was resident
OF Chrstiansburg or Salem at the last
election and he didn't know how he
voted.
Capt. Philip Lockets testified: On the
day OF election Captain Spindle's vote
was challenged and ne said Roanoke
was his home. He said his family had
never lived here, but lived in Salem
Colonel Hoge asked the witness II he
could distinguish the difference between
a Republican and Democrats ticket;
but Mr.. Glasgow objected and the wit
ness was discharged
The next witness was Judge Samuel
G. Williams, who deposed as follows:
Mr.. Spindle's Office IL opposite mine and
l see him every day. In q process in
the courts at one time his plea was tina
he WAS not resident OF the city, but
Judge Robertson decided that no was
reaDOnSiblp. That tho onlv tinn 7