Birmingham age-herald., 1895-03-14
And Some of the Reports of In
 limitation at That Box
DENIED BY WITNESSES
Before Commissioner Wealth
 erly in the Aldrich-Under- s wood Contest.

Four witnesses d iu the Aldrich vs. Underwood contest case yesterday be- fore Special Commissioner Thad Wealth. erly. The first witness was MT. Thomas 8. Tate. r. s. Tate was chief deputyssher- if in charge of precinct No. 9, Elyton, at the November election. He said seven commissions and badges were issued that day, including the one to himself. One of the wearers of badge left immediately alter he opening of the polls and remained away until late in the afternoon. One other was absent great part of the time. All but one of the deputies were armed, but they did not exhibit their weapons nor offer 10 use one that day. He said there were fifteen deputy United s a'es marshals at that box at the presidential election.
 Witness said he saw w. H. Nothershed there before the opening of the polls trying 10 get the inspectors to allow him d fixer and clerk, but be left soon after and was not seen any more during the day by the witness. He said notices of challenges were given 10 the inspectors through the returning officer, D. F. Weaver, who stood at the door. Witness said that only per sons having legal busintss at the polling place were allowed 10 enter therein. No restrictions were made against any persons wishing to identify an elector. Colored voters went into the voting place to iden- tiiy colored voters.
 As to Demetrius F. Myers, witness said: "I was in the road just in front Of the poll iug place, opposite the opening in the ropes wgera the voters went in, when 1 was called by T. 5. Smith, one Of the deputies, 10 come where he was further up the road When reached there 1 found him and Mir. Myers in Q controversy about Mr. Myers going into the voting place. Mir. Myers Claimed that he was bona hde resident of beat No. g, and had right 10 go into the voting place, which MT. Smith denied and appealed to me, as the 1fdcer in charge, for sinstructions. l said 10 Mr. Myers that if he was bona fide resident of beat No. 9 and had a registration certificate issued by the registrar of that beat he could go in, otherwise he could not. He replied: You beat No. g. l said: T know it we'll enough to say you can't go into that vot- ing place without a registration certificate from this beat; ifyou are qualified elec- tor in tbis beat you have right 10 go in, otherwise wouldn't advise you to attempt it, He said: q do not, of course, expect to force my way in, but thought you two Toms (meaning Mir. Smith and myselD were fair inded men and would take my statement, which you have no right to. dis believe, Upon ihis was called away aud did not hear the remainder of the con- yersation between Mir. Smith and Mr. Myers.'
 l Witness said some one present stated that number of men who were there to vote were not residents of beat No. g. All of them who could be identified were after wards allowed to vote. In his opinion not more than fifteen or twenty failed to be Identified. He said two white men were challenged, and several on being informed where the beat line was located went away without trying to vote.
 Witness said portion of Ensley City was in beat No. 9, and some of the miners who work aG Smith mines resided in that beat and some outside Of it. Witness heard no instructions to the effect that coored voters must be identified by white voters.
 Witness said he had known MT. Aldrich seventeen years and they had always been good friends. He doesn't think all the ne- groes iu beat are republicans. He saw no attempts al buIldozing on the day of elec- ton and heard no threats.
 As to the difficulty between Tom Smith and Bill Alley witness said: :Some one came out of the voting place and ap- preached Alley and made some remark which l did not hear, and Alley replied and was a d-n swindle anyway. MT. Smith replied: You are a liar.' Alley replied back, You are another,' and said: You won't call me liar without you had the advantage of me as you have now; you are an officer and have got your gum Mr. Smith said: T don't claim any exemption on the ground of being an officer. have got no gun,' and exhibited his pistol pocket and his other pockets to show that they were empty, and said again: sif you say the election is not being con- dpcted fairly you are liar.' walked up and told MT. Smith he was an officer and couldn' settle personal difficulty while acting as such, and told MT. Alley he couldn't talk that way at the voting pre- cinct; that it was my duty to preserve the peace, and if he didn't stop and go of l would have him arrested. This ended the coutroversy.'
 designated as the officer to communicate challenges to the inspectors. Witness said that in 1887 he built some houses for fur mace hands at Ensley and twelve or four- teen of them were not in beat No. g, but in beat z.
 F. E. White was an inspector tthe cleo. tion in beat No. g. He said there twelve or fifteen parties were challenged that day, two of which witness remembered were white. Not more than eight or nine illit- crate voters offered to vote, and. they made affidavit before Mir. Pettyjohn, one of the Inspectors. Eight or ten voters were Identified and voted. Ed Hornbuckle, colored, was challenged, but after being Identified voted. He was identified by negro named Williams. Sam Carson was of citizenship and residence iu beat No. 9. Only six or eight voters had to be assisted in making out their ballots and two or three of those were assisted by MT. Petty john the others by the returning officer It the request of Mir. Pettyjohn. The re. publican inspector, MT. Petiyjohn, kept a tally of all the voters.
 clerk at the Elyton box in the November election. He said the number of votes at Elyton was smaller in November than usual. The balance of MT. Milner'a testt.