The news & observer., 1897-02-24
Mr.. Peeie Completes His Argument for
the Contestant Other Counsel viii
be Heard To- Day. Three Hours
Given to Each Side.


House committee on Elections yesterday
and argument of counsel was begun.
1t was agreed that each side should be
allowed three hours for argument.
Mr.. w j. Peele was the first attorney
to address the committee. He spoke ia
Mr.. Broughton' behalf for an hour and
ten minutes, completing his argument.
Mr.. ]. G. l.. Harris will follow him this
afternoon Then Mr.. w. G. Douglass
will close the case for Mr. Broughton.
After that the committee will take the
case in hand and make its report on it
to the House. Tits hoped by Mr.. Brough-
tons friends that this may be done this
week.
Before tue argument of counsel began
yesterday Mr. Broughton was granted
permission to make a short statement 10
the committee touching his contest. lie
said that he wanted to assure the commit
tee that there was no feeling in the mat
ter between himself and Young. 1t was
simply contest for what each consld-
cred right He said he came before the
committee, not as q partisan, not as one
asking for mercy, but for right The
contest had been forced upon him by the
evidence that had come to him. He felt
it his duty as a citizen and not that he had
desire to do Young any harm, or to de-
prive him of his seat If Young was justly
entitled to his seat he wanted him tohaye
it, but the evidence in the case, he
thought, clearly showed that he fBrough-
toni had been elected. 1t was now simply
a question with the committee as to what
they would do with this evidence
Further. Mr.. Broughton said that the
delay i'm taking evidence and the hearing
= a ffA h1Fr
that he wanted to be sure of
! his grounds: and he wished to
know beyond all question that
he was entitled to the-seat. He was
now sure of it. and he had no regrets at
having thus delayed and now having in
stituted the contest he was entitled to
justice at the hands of the committee, he
asked for nothing more.
At the conclusion of Mr.. Broughton 5
statement, Mr.. Peele addressed the COM
mittee, reviewing certain portions of the
evidence regard to illegal votes, the coun
counting of stickers and the charge of
tampering with the boxes He thought
the question of Insanity ought not to be
brought into this contest. He submitted
that the men complained of as n0a compos
aments were allowed to vote by poll-hold-
sers, q majority of whom We're favorable
to the contestee, Young, and hostile TO the
contestant Broughton. Further, he stat
ed that these men had always beer allow
ed to cast their ballots. and this was
the first time their right to vete had ever
been called into question. The evidence
in regard to the box from the Fonrth
ward. first division. next received Mr..
n.Peele's attention He re-read this part
BIZ the testimony which stated that this
xiars I.ay azg tEV Ynf l1tsE-
IA, though the seal over the key hole was
bot broken. This, said Mr.. Peele, clear
Nv proved that the box had not been
unlocked by human hands-it must have
been some unseen power. He also showed
how the seals ON the box might have
been broken by the shrinking of the ma
terial of which the box was made.
The testimony of Clerk Young, MIR.
Zach Broughton and others IN regard to
the locking of the box, breaking of the
seals. etc, was also read setting forth
that there was considerable trouble ON
the part Of the p0sl-holders in locking the
the box. and that the seal on top of the
box was broken by the poll-hoiders them
| selves. This. he thought, ought to settle
any charge of the box having been tam
pered WITH
Mr.. Br0nghton's memorial to- the Leg
isiatllre, which has already been published
In this paper, was then read by Mr.. Peele
and made the basis Of his re-
marks lie explained that by the official
,ount Young received 4,13S votes and
3roughton 4,720, or a majority of Is for
Young. By the recount, as reported by
he clerk OF the court Broughton receiv-
d 4,T19 votes, and Young received 4,721
otes, being an apparent majority for
. Ioung of two votes.
Mr.. Peele claimed that in making the
ecount the clerk made the following err
ors. all OF which appear from the evi-
enee:
/. He refused to count as vote for
,ronghton a ballot found in the proper
OK from Holly Springs township, which
obtained the name of n. b. Broughton,
mt did not state the Office for which he
sas voted.
2 He refused to count as votes for
n r. Broughton three separate ballots
found in the proper box from Wakefield
ApRcnct, Little River township, each of
hncih contained the name of n. Il.
Boughton, but not the Office for which he
WIS voted.
5. He refused to count as vote for
Boughton ballot found in the proper
bG from Marks Creek township, which
cptained the following name, IN. b.
Bot, and which name was written in
pAce Of the name of Young, which had
ben erased.
!. lie refused to count as vote for
Boughton a paster found in the proper
bcx from the Third ward first division.
ely Of Raleigh, which contained the name
ofN. B. Broughton, and where there also
appeared in said box ticket on which
the name Of James II. Young was printed
among others, and which showed clearly
frgm its appearance that paster had
been stuck over Jas.H. Young's name. and
no oother detached paster was found in fhe
box; that the clerk counted the ballot for
1Yung, which gave him a vote to which
be was not entitled, and deprived Brough-
ton of a vote to which he was entitled.
r. He refused to count a vote for
Broughton found on ballot in the proper
box from Third ward, second division,
city Of Raleigh, because he said the name
kf Broughton was erased, when the name
Esls not erased