Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-10

letter of J. Slidell Brown concerning
election Irregularities in Preston coun-
ty. Mr.. Post said that he had been
considerably surprised at this state
ment of Mr.. Brown.
Il have already" said Mr. Post, lin
previous interview, set out in detail
what occurred in Preston county during
the time [ represented Mr.. McGraw.
1t is not necessary for me to repeat
these statements. They will be fully
borne out by the bill of exceptions
which | prepared, and which the COun-
ty Court signed ON Saturday, the 18th
day of November, 1888. This bill OF
exceptions, it seems~to me, requires no
comment. 1t demonstrates, above the
signature of the County Court Of Pres
ton county, just what l have previously
said, that no tribunal OF the Middle
Ages ever sat with more disregard for
the rights OF its litigants that did this
court in Preston county.
"a was on the last day OF the sitting
only, that it would
PERMIT AN APPEARANCE,
and it was then too late to recall and
re-examine witnesses that had not been
ross-examined, and which the Court
had refused permission to cross
examine 1t does not seem TO me nee
;nn inf hn Of
the Court 1t is sufficient to say that
the position taken by it was illegal and
untenable, and that the Prosecuting At
torney Of the county and the legal REP
resenta0ive of Mi. Dayton ADVISED the
Court on the last day OF its sitting tnat
. the position which it had adhered 10
was not a legal one"
There were gross irregularities III
the returns from twenty-three pre-
cincts in Preston county, sufficient, III
my Judgment, to throw out the entire
vote of those precincts. The County
Court sitting, as it was pleased to call
it, ex parte, brought in the commits
sioners of election and had them sign
the envelopes almost week after they
should have been properly returned to
the clerks Office. The Court held dur
ing it's entire sitting, until 10 O'Clock
on the last day, that Mr., McGraW mac
no standing before it; that he was not
entitled to be heard; that his legal rep
resentatives would not be considered,
nor their suggestions entertained, ana
that the Court would, under no circum-
stances, permit any exception to It's
ruling to be placed upon its record.
During that entire sitting this Court
did arbitrarily as it pleased, making
whatsoever record it pleased, and leIus
ing to entertain any suggestion from
the attorneys of McGraw.
LAS | have stated in a previous in
terview, | saw the returns from entire
voting precincts marked with lead pen
ell. | observed ballot after ballot
scratched with the same regular mark.
as though it might have been done
EVENLY WITH a RULER.
And | overheard those who We're in the
court room speaking of what the en-
welcomes contained. For example: Dur
ing the count of some of the precincts
the results would be anticipated by
spectator with the remark that there
ought to be just two more ballots in
that package for McGraw, all OF when
indicated TO me that even the hangers
on about the Court House had knowI-
edge of the contents of those packages
of ballots which were sent up in en-
velopes. not bearing the signatures OF
the election commissioners.
II was present in Preston county for
the purpose of investigating the re-
turns of an election, and was endeavor-
ing merely to ascertain what the facts
might be relating to that election.
observed what seemed to me to be the
srossest irregularities, and | may re-
neat what | have said before that, in
view of these irregularities, if fraud
| was not committed in Preston county,
there was most ample opportunity
for it.
my treatment as a legal represent
atiye of Mr.. McGraw in his Congress
sional contest in this county is fully
shown by the bill of exceptions, and
| have no further comment TO make
| upon it. Personally my relations with
the officials were pleasant. Indeed,
| remember. with no little pleasure, a
! conspicuous kindness of the prosecut
ing attorney, at time when this par
tisan court had allowed me ten min
utes in which to prepare and present
bill of exceptions covering almost
week of gross irregularities.
do you think" asked the reporter.