Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-11-21

p1CdScu It's iupcIldl Will, III SuDLuc
disregard of the rights of the Con-
gressional candidate who had demand
ed the recount. l observed the ballots
from an entire voting precinct marked
with lead pencil, ballot after ballot
scratched with the same regular mark,
and from time to time during the pro-
ceedings l overheard remarks from
the spectators behind me, which indi-
Gated that even they knew just what
the envelops really contained. For. ex-
ample, heard one man whisper to his
neighbor: There will be just two
more ballots in that package for Nc
Grav''
WAS there no way to force this
Court to permit exceptions to its ac-
tom" asked the reporter.
1t is our intention" continued Mr..
Post, ito apply to superior Court for
mandamus to compel this Court to
review its proceedings when it had
finished its star-chamber sessions, but
at ten O'Clock on Saturday, when I was
preparing to abandon recount, which
under such circumstances, was worse
than useless, the Court suddenly de-
clared that under the instructions of
it's legal adviser, it was now of the
opinion that it's proceedings were not
ex parte, and with the ease of a splen-
did autocrat, it changed front, and
said that attorneys for McGraw might
now appear, and prepare any excep-
lions to it's action which they desired,
and then they generously gave ten
minutes in which to prepare exceptions
covering a week of continuous irregu-
uarities. Through the courteous in
1uence of the Prosecuting Attorney
this time was extended sufficiently to
permit us to prepare a bill of such eX-
ceptions as it was then possible to
make. This declaration of change OF
opinion on the part of the Court came
on the very last day, near the close OF
its proceedings, and [ at once moved
the Court to reconsider its action and
hermit the cross-eXaminatiOn OF its
tnesses-indeed to begin properly,
and conduct the proceedings anew,
which it promptly refused. Although it
stood in the position of acknowledging
its errors it utterly refused to take any
steps whatever to cure any one OF
them. The permission to appear came
to late for any possible opportunity
to control the action of the Court, as
a Canvassing Board or to affect its
declarations of the result. 1t did in
dictate, however, that even its legal
representa- ives would continue to
maintain that such odious proceedings
were proper"
"What change would the irregulari-
ties in this county make in the result?'
asked the reporter.
CAS- have said" replied Mr.. Post,
''the packages from at least twenty
three precincts out of the entire county
were returned in man
ner grossly irregular, and must
be thrown out by any fair
tribunal before which they could
be properly brought. This would cut
Mr.. Dayton at least one thousand in
the district and elect Mr.. McGraw by
a substantial majority"
In conclusion, Mr.. Post said that, in
addition to these Irregularities, Julius
Sherr, Jahu Jenkins and Staley Shaw
sat as members of this Court, and as
members of the Canvassing Board up
on the returns Of an election in which
they were candidates. THE entire
election in Preston county" he added,
has been grossly irregular. II it had
been carefully planned, no more
shrewd opportunity for fraudulent
practices could have possibly been Gre
ated, while the action of the County
Court of Preston and some
others Of the Republican coun-
ties, have been so hostile
and arrogartly Indifferent to the
plain legal rights of Mr.. McGraw that,
in my opinion, he made no invidious
comparisons when he classe1 these
Courts with the French tribunals
which tried Dreyfus and Zola.'
q. 7-,or+,r+ pinarapca