The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-12
CONTESTEES GIT II DAYS
cOMMITTE G CONFRONTED BY A KN0TN
PROBLEM.
Contentants Move 10 Amend and Contes'ees arr
Civ n ime o Prepare rvidenc.
in RebuttaI of it.

Senator Kerley and Souther have
been given T. days more time i'll which
to take evidence III the contest against
them of Messrs. Eaves and Lambert;
this because the contest came before
a Democratic committee. II the tables
had been turned contestees would have
! been unseatcd in Il jiffy.
The evidence of irregularity in the ease
is strong and, as published before, il
was made pretty plain that the sitting
members had been guilty of Intentional
Inches in not preparing their evidence in
advance: but in order that there might
not be any opportunity to charge unfair
ness the exact letter of the law was
followed. and the request for further
time was granted
Yesterday morning ut 8 O'clock the
Senate Committee on Privileges and
Elections took up this contest from the
! Thirty First district again. H. o. Bur
ton, Esd, counsel for Messrs Kerley
ana Souiher, contestees, appeared under
citation of the committee TO show cause
why the hearing should not proceed i'm
mcdiately. After argument by counsel.
the committee ruled that further delay
IVES not warrantable on the grounds
ternoon.
The committee met ut / p. M. Attor-
noy X. O. Burton again raised the point
that the statement of the grounds of
contest in the notice was an insufficient
guide for the contesteos in taking tes-
timony.
Judge Avery. speaking for contestants.
said that an opportunity had been given
contestecs TO object to testimony when
aiken ut Bakersv.lc, and that the right
had been waivbed. That they knew
the nature of the evidence. the specific
charges that would be made. The courts
held that under such circumstances the
notice could be amended so as to COR
respond with the proof. Judge Avery
further stated that he had not seen ths
notice of election until Tuesday. and
at the hearing on that day had under
stood from the committee that amend
ment would be permitted as matter Of
course.
Judge Avery was permitted by
committee to amend his allegations
that his notice might correspond with
the proof to be given. Mr.. Burton then
asked for time on the ground that no
opportunity had been offered contestees
to take testimony in rebuttal of the, al
legations added in the amendment. Judge
Avery again replied that while specie
notice in writing had not been served,
nothing was added in the amendments
that had not been brought out in the
testimony taken at Baskerville. and of
which the contestees were advised.
The statute was read, and under it the
committee felt impelled to grant the re-
quest for further time, on motion of
Senator Osborne,
AT the afternoon session Of the COM
mittee IL days time was given contes-
tees to take evidence in rebuttal of the
allegations added in the amendment of
contestants. and the latter were given
authority to take new evidence in sup
port of the same charges.
In the contest of Cannon VS.. Franks.
heard on Tuesday. the committee re-
commended that Mr.. Robinson who
took The evidence for both sides, and
who came 70 Raleigh in the case, be
pad SG5 for his services.