The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-26
TO NAME AN AL DERMAN
MIR. SHERWOOD UPCHURCH NOT
A RESIDENT.
IF ELECTED He MIGHT Be oUsTEl
Report Of the Committee and The Tes,mon,
en- Which that Report is Based.
The Call fer the
Primary.

Primary.
Another primary is called for the Third
Ward, Second division. 1t will be held
tomorrow Thursday night ut Royal
Knights Hall. on Cabarrus street.
The object of this primary is to nomi-
nate q candidate for alderman i'll place
of Mr.. Sherwood Upchurch, who, the
Democratic city executive committee
thinks, is not a bona fide resident Of the
precinct, and would, therefore, be liable
to be ousted if elected.
The matter came before this commit
tee yesterday on the following complaint
filed by Mr.. A. Il. Olmstead
Hon. w. NJ. Russ, Chairman of the City
Democratic Executive Committee:
Dear Sir-At tho Democratic primaries
held in the second division of the Third
ward. Mr. Sherwood Upchurch was
placed in nomination for alderman.
After the ballots had been deposited. but
before the result was announced, | pro-
tested against the nomination on the
ground that Mr.. Upchurch was not a
resident of the ward. The chairman of
the meeting ruled that | had entered OBJ
lection too late, the ballots having
already been east and many of those
voting having gone home. He said that
the proper course to pursue was to APP
peal to the city executive committee, and
directed the secretary to make Il note
OF the protest and the ruling.
| supposed that protest would be for
warded to the city committee, | knew
nothing about the meeting of the COM
nittee held on the 18th of April, or
would have brought the matter before
them, / now ask you to investigate the
matter. Mr. Upchurch is not and has
not been a resident of the ward and,
therefore, is not entitled to represent it
i'm the Board of Aldermen.
A. e. OLMSTED.
The campaign committee met ut noon
and investigated the charge, examining
several witnesses. Last night at s
O'Clock the committee made the follow
ing report to the full executive com
mittee:
Raleigh. n. c., April %. 1890.
To the City Democratic Executive Com
mttee. Raleigh, n. c.:
Your advisory committee beg leave ~
submit the following report:
A meeting of the Advisory Committee
the office of the mayor of the city at
l. O'Clock, April %, 1899. The following
members were present: w. NJ. Russ. &.
Il. Lunisden, w. Il. Dewar, T. n Habell
and X. y. Simms. Mr.. Ed. Chambers
Smith, the remaining member was re-
ported to be out of the city. Mr., II. ).
Simms was requested to act as secre-
tary. The object of the meeting was de-
cared to be for the purpose IF hearing
evidence i'll regard to certain com
plant made to the committee by Mr.. A..
T.. Olmstead and other voters Of the
Second division of the Third ward on the
ground that Mr.. Sherwood Upchurch
is not a resident of that division. and Is
not entitled to the nomination for alder
man of that division. A copy of the
complaint is hereto attached marked
Exhibit A. The chairman of the com
mittee announced that he had notified
Mr.. Upchurch of the meeting by letter.
copy of which is hereto attached. mark
ed Exhibit b. Both Mr.. A. Il. Ohm
stead and Mr.. Sherwood Upchurch were
personally present.
The complaint offered the following
testimony:
j. NJ. Broughton was duly sworn ard
said: Mr.. Upchurch rents a bed room
next to my office on West Martin street.
in the fourth ward. | see him coming
out in the mornings and have head him
being walked up. He told me that he
rented it for his bed room. This was
three or four months ago. One day last
week was the last time / knew him
to be walked up there
4. Il. Olmstead being sworn and ex-
amined, said: During the night of the
primary. after the vote was east and
while it was being counted, | said to Mr..
Daniels. the president of the meeting,
that challenged the nomination of Mr..
Upchurch. He said that he thought that
that was not the place to consider it, but
that it ought to come before the Execu-
tive committee. | have used all dill
gence and reported it to the Executive
committee as soon as | could find out
who they were. The ground of my chal-
lenge was that Mr.. Upchurch was not a
resident of the division, and was there
fore. not eligible to the nomination and
could not be seated if elected. The Sat
urday night before the primaries /
heard it stated by Mr. Willie Novel;, at
whose home Mr.. Upchurch claimed to
reside. that Mr.. Upchurch was not il
resident of that ward and did not stay"
at his house. i also had information
from another one of the Novel; boys.
Mr.. w. \. Jones told me afterwards,
and told me again yesterday that Mr..
Upchurch rented room from him i'll
the Cooley building. on West Martin
street, in the Fourth Ward, and that he
understood from Mr. Upchurch that he
rented il as bed room for himself"
II. Il. Hornbuckle being sworn and ex-
iamined said: "On Monday morning,
April 3, 1899 Mr.. Willie NOVEL; told me
that Mr.. Upchurch was not boarding at
his mothers tMrs. Nowellsl. Three
weeks before the primaries Mr.. Up
church himself told me that he was
boarding at Mrs. Nowell's for the pur-
pose of running for alderman. After Mr..
Willie NOVEL; made the statement just
above referred to, about II o'clock the
same day, had talk with Mr.. Up