The news & observer., 1897-01-23

passed for the purpose of making both
sides diligent and have the case ready for
speedy trial by the Legislature when it
meets This statute is mandatory. 1t
was intended to be, and there is precedent
after precedent, set by former Legisla-
tures that bears me out in this contention.
Mr. Smith of Gates was kept in his seat
in the last General Assembly simply for
the reason that the thirty days notice
had not been given"
Mr. Mccall claimed that nearly all the
evidence presented by the contestants
was incompetent, and that their attorneys
broke through nearly every rule of evil
dence and law in order to make out their
case. The evidence was reviewed and
the attention of the committee called
to the fact that there was no testimony
going to show that there was any intimi-
dation.
Touching the residence Of John Alex
ander, the registrar. Mr.. Mccall said
Il line was run by the county surveyor
in order to find out just where Alex
ander lived, and that it was found that
his home was in Steel Greek township.
When this was discovered, Alexander
voluntarily retired, saying that he did
not want to keep the place unless he was
legally entitled to it. John Alexander
didn't register, because he knew he lived
in Steel Creek. He is II school teacher,
an intelligent negro, and knew that he
was dong wrong to act as registrar In
PineyIlle township. Not only that but,
every :negro of the eighty-five persons
registered by John Alexander would have
come sorward and demanded that they
be allowed to vote, but for the fact that
they Enew their names were illegally
put on the book.
1t coald not be asserted, said Mr.. Nc
Call. that all those So people would have
voted tie fusion ticket without a scratch.
The only true way to prove that was for
the elccsor to present his ballot failing
tc do this. the next best proof is for each
one Of these men to be put upon the
stand and swear how they would have
voted. This was not done. Only three
of the S5 men whose names were strick-
en- from she registration book had been
put upon the stand. OF these three, one
was not It resident of Pinevilie. SO only
two of the electors who failed to vote
have made" dffidavit as to how they would
have voted. Aside from this many of
these negroes were challenged and they
admitted. as q rule. that the charges were
true. Now. it is asked that their votes
be counted
I'm summing up his argument. Mr.. Me
Call said that affidayits of only thirty
voters in the county had been produced.
and that even that if all these We're
counted. the result would not be changed,
as the contestees got maiorities ranging
from 120 to 130.
Mr.. Mccall then argued the counter
claim of the eontestees that there were
about 10 illegal ballots cast in Charlotte
township for the fusion ticket, This was
due to the fact that these ballots had
too many names on ito magistrates,
when there should have been only IA
This. Mr. Mccall argued. invaIidated the
whole ballot and read from Chief Justice
Smiths opinion supporting him in this
view
This case has already been decided by
the Supreme Court 1t came up before
Judge Furches immediately after the
election, on a temporary injunction re-
straining the clerk from tabulating the
vote of Pineyille precinct. and announc-
ing the result After hearing the facts
in the case and the argument of counsel.
Judge Furches refused to make the in
junction permanent, and ordered the
clerk of the court TO count the vote and
announce the result. An appeal was taken
to the whole bench, and the whole bench
sustained Judge Furches' ruling. aud
Reed and Ransom were accordingly de-
clared elected.