The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1898-09-21

Garris, 49,9Is
Thomas. 1918
After the tabulation was completed
aud the result declared the contests
pending on appeal from several coun
ties and the Elerbe-Norton Congress
sional contest were in order.
After some discussion as to which
case should be taken up it was deem
ed expedient to take up the Sumter
senatorial contest in preference to
the Sixth congressional contest
Before beginning the case the re-
spective attorneys agreed among
themselves to restrict the argument
on each side to one hour, exclusive
of reading papers.
Mr.. Barnwell moved that the
speakers be given the cne hour as
agreed among themselves. aud after
some discussion the matter was car
ried.
Mr.. Stuckey was the first speaker,
aud read the grounds OF contest az
presented by the attorneys OF Mr.
Altamopt Moses, contestant. M
Moses was represented by Messrs
A. B Stuckey Of Sumter and B. l.
Abney of Columbia.
The contestee, MIR. R I. Manning,
was represented by Messrs Reynolds
of Sumter and Shand and Weston OF
Columbia.
Mr.. stuckey read the papers Of
coolest, which were quite voIumin'
Gus. Mr.. Moses fled a re-
quest with the county chair
man that the vote Of the entire
county be counted, and thus preclude
the probability of clerical error, but
the committee refused to grant such
request. Mr.. Moses then gave notice
that he would appeal to the State ez-
ecutive committee and served papers
on Mr.. Manning that effect.
Mr.. Stuckey also read extracts
from the minutes of the Sumter coun-
ty executive committee meeting. at
this session afidavits were produced
stating that one Of the managers OF
election was under the influence of
whiskey, and a voter was not resi-
dent of Sumter county, but lived now
in Lee
The contestants attorney also read
an affidavit from Mr. Commander, one
of the managers of election at the
Sumter precinct.
Col. r. W. Shand said that he had
afidavits which wonld show that
there were irregularities in the votes
cast for Mr.. Moses These afidavits
were not read at the meeting of the
county executive committee, but
were obtained afterwards.
Just at this juncture Mr. Blease
moved that nothing be heard except
what came up at the county meeting
Mr.. Lee thought that it should be
allowed, as it was merely matter of
Justice, and he urged :hat such EVIL
dence should be admitted
Mr.. Barnwell objected to Mr. Lees
remarks aad spoke in favor of Mr,
Biease's motion. Unless there was a
limit. numberless extraneous facts
would be injected and many hours
would oe consumed in hearing the
case If there we're irregularities.
he thought the best thing TO do was
to remand the case TO the county
committee
The B!ease motion wac placed be
fore the committee. and was nnani
mously passed
Col Shand began b.y saying that
the allegations and affdavi's were not
sworn to, and, according to the rules
of evidence, such testimony was in
admissible
In order to expedite matters. Mr.
Barnwell moved that the counsel tor
each side be heard on the question
whether the county committee was
iustiiab.e in refusing to recount the
vote in accordance With Mr. Moses
request
alr Abney opened the case for the
eontestee. He said that the affidavit
and allegation of Mr Commander. as
state dabove. was sworn 10. aud that
the boxes ci the Sumter precincts
came Up property sealed to the com
mit,se The discussion Of the ques
ton whether the committee should
open the State boz is the bone OF
contention.
The fundamental law "a that every
cfor, should be given the citizen 10
have his vote counted, and it is the
duty of the committee u couns, and
not to accept the statement OF reeu
lariiy If here is no proof OF tam
pering, the votes rns, be counted
IL the eight box law it is expressly
s:ated that the votes should not be
counted if they were il 'he wrong