The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-04

slider the samc; and that 10 this manner of
proceeding contestee objected frst. because
contestant had closed his case In chief and
Ind so announced the same through his
attorneys: second, because each witness as
examined on the matters above mentioned |
was notified that he was discharged and
could return home. third, that said wit
nesses having been discharged contestee
would thereby be unable to intcrrogate
them touching the matters and things
named and set out in the petition of con-
testant and the counter charges mentioned |
and set out In contestee's answer. We beg |
to add at this particular stage OF the case |
that we think the ballot boxes. for the rea- |
sons above stated, should not have been |
introduced but that this committee should. |
In passing upon the questions as TO who |
was entitled to the seat should with the
evidence before us declare contestee duly |
/ elected.
st another and later meeting of your
committee, while in executive session, we
| further find that contestee filed with the
clerk of this committee the following OBJ
iections in writing assigning reasons aS,ong
other things as to why the ballot boxes
should not be introduced and requested that
| the same be considered
"a. +. Brigance VS.. |. NJ. Bennett--ln and
before the Twenty fifth legislature of the
state OF Texas:
ITO the Hon w. +. Moore, chairman OF
the committee on elections and priv-
| leges. and to the members OF said COM
| mttee:
Comes now the contestee in above cause.
and with leave OF this committee inter
poses the following objections to this conf
mittee's proceeding further in the trial OF
this cause:
II. Contestee says that the evidence does
not either affrmatively or negatively show
that any of the tickets similar to that one
marked exhibit A and attached to con-
| testants petition were at any box In Grimes
| county cast or counted for contestee.
Assuming this proposition to be true,
then contestce says that this committee.
nor the legislature has no authority given
| to either said committee or the legislature
by law or otherwise to open said ballot
boxes of Grimes county, or to break the
fastenings attached to said ballot boxes:
the law plainly indicating the reason why
the time when. and the place where such
opening OF ballot boxes may or shall take
place.
"2 Contcstee objects to the introduction
of the ballot boxes. because the contestant
announced before contestee opened his case
by introduction of testimony. that he, con-
testant had closed his case in chief, aud
had no further testimony TO introduce in
his CONTESTANTS hehalf. and contestoc
says for this reason contestant ought not to
be permitted to introduce said ballot boxes
because
"a. COnteStee mas introduced All MS ttS-
timony, and this committee VIII not permit
him to introduce testimony to show the ir-
reguarties in the returning and keeping
of said ballot boxes, and to show further
that said boxes have not remained in the
keeping of the officers charged with that
duty, and to show that said boxes have
been handled by the public, and that in
this particular the law has been violated,
and that the said ballot boxes do not cor'e
% this committee direct from the clerk OF
the county court or judge OF said court
OF Grimes county, Texas.
"b That the chairman of this commit
tee informed contestant and contestee u
the matters AMI things about which they
could inquire and limited the matters con-
corning which testimony could be intro
duced. having been limited to the question
/ solely as to the legality OF the ticket, after
which said witnesses were discharged by
the chairman and permitted TO return
home.
80. Contestee further objects to the intro
duction of the ballot boxes before the CON-
, mittee because no ballot boxes have ever
teen Identified by either contestant or con
testee as the original ballot boxes OF Grimes
county by competent and legal evidence,
as is required in such cases. No evidence
having ever been offered to identity any
boxes as the ballot boxes of Grimes county.
~ Contestee objects to the throwing out
or falling to count any OF the ballots cast
for contestee because they may have been
folded as appears from exhibit A., attached
to contestants petition, for the reason mat
the evidence shows that the tickets above
complajnod of were all folded when brought
to the various ballot boxes and further,
that said tickets were by many voters
voluntarily unfolded and many times I'M
folded by the request of presiding officers
of the various voting boxes. and stu az
, other places voters were required to untold
, he
/ would receive and deposit and count sain
, votes.
, THAT the testimony further shows after
the several voting places had closed, ana
, in counting the votes, the officers wou'a
not refold the tickets as they were voted
; but replaced them In the boxes without
$ any consideration for the manner Oh tnc''
original folding.
A Conclusions Assuming this TO be true
then contestee says that II upon
o examination any ticket bears lines indi-
= eating two foldings then said ticket Of
tickets must have been opened after belnt
originally folded in the manner shown by
, the ticket marked exhibit a and before
{ being voted refolded to conform to TN
wishes or ideas of the particular vote
casting the same or to comply with the de
4 mands or requests Of the various preslulni
officers; thus in this way not destroying o
infringing upon the secrecy of the ballot.
q Wherefore contestee prays~thnt his Oh
I jections be sustained 80 that this commit
tee report to the honorable house of rep
resentatives that contostee be permitted t
i retain his seat.
. an c. Cranberry,
"E. j. Preston,
"a. w. Boyd.
o attorneys for Contestee.'
o That at the same time with the ming
the foregoing objections, con'estee nee
with the clerk OF this committee list o
- witnesses whom contestce believed woult
= be material upon the inquiry as to me
:, keeping handling and preservation OF I'M
, ballot boxes and whom contestee beiieve