Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-11-12

Judge D. Tucker Brooke. counsel for
Hon. w. a. Young, in the Wisc-Young
contest, was seen by q Vlrginian- Pilot
reporter last evening in reference to the
allegations OF DR.. Wise's counsel, as
given in n Washington dispatch. pub
lished in yesterday mornings issue of
this paper. Judge Brooke could not
give anything like n detailed answer TO
these charges just yet he said, but in
his brief, which he Is now preparing,
he Will completely answer all Of Wise's
allegations, and in manner which he
thinks will be satisfactory to q major
1ty OF the members OF The House of
Representatives..
Judge Brooke said the publication al
luded to was very familiar to him, as
1t Is nothing more than an extract from
Wise's brief. which has been in his
hands now for thirty days. and being
his brief WIS only an argument, and Is
therefore to be taken with the grain of
salt that is always accorded to mere
argument. So far as the allegation that
the names OF parties appear upon the
poll books as having voted who them
selves testified that they did not vote
or who were not entitled to vote, is
concerned, Judge Brooke said n sum-
cient answer may nc found In the fact
that many mistakes We're made in the
copies OF the poll books, which were
furnished DR.. Wsc's counsel In Nor
folk by the Clerk OF the Court and
when Mr.. Register, the clerk, went be-
fore the notarics who were taking the
dispositions Of DR.. Wise and asked tho
privilege of correcting the copies OF the
poll books so as to make them correct
DR.. Wise's counsel refused to allow him
to testify: This is n part Of the record
OF the case
He said further that even if 1t were
true that some people voted who were
not entitled to vote, or that absent
voters were impersonated at the polls.
the number of such cases Is inconsld-
cradle, and that in n city where n vote
of 5000 was polled it would be remark
able If some such instances did not oc-
cur, as 1t would be expecting too much
to suppose that the judges of the cleo
ton were personally acquainted with
every voter in their respective pre-
cincts.
AN ABSURD VIEW.
Judge Brooke further said that the
absurd character OF this contest might
be gathered from the fact that, accord
ing to his brief, DIR. Wise, in order to
maintain his contention that he was
elected, assumes that every precinct in
the entire district which was contest
ed must be thrown out, taking from
Young his entire vote in such precincts.
and giving to Wise the vote proven by
him. In other words that Young is not
entitled to a single vote in any of the
cotested precincts in the district, while
Wise is entitled to those he proves. The
testimony is so far from justifying this
assumption on DR.. Wse's part that
Judge Brooke says he is confident that
II the committee will examine the tes-
timony In the records from the country
precincts alone, Mr.. Young can afford
to give up every vote in the city of Nor
folk and yet have handsome MAORI
ty over DR.. Wise
IMPROPERLY MARKED BALLOTS.
Judge Brooke's brief will show that
in precincts where Wise claims to have
testimony that more voters cast their
ballots for him than were counted for
him, that this contention may be true,
and at the same time be valuelcss for
the reason that In these precincts a
larger number of ballots were thrown
out by the judge as being improperly
and unintellgibly marked, than there
Is in the difference between the num-
Der counted for DIR. Wise and the num-
Der he claims were cast for him. Tho
majority of ballots thrown out by the
Judges, if not all, We're cast by lliter-
afe >Culored voters. who marked them in
such an unintelligible manner as to In
validate them. Notwithstanding that
these voters might have been assisted
by the Democratic and Republican
Judges IL they had applied for such as
sistance. These ballots are accessible
to DR.. Wise IL he doubts that they were
thrown out for sufficient cause, Judge
Brooke says.
Judge Brooke will also attack the on
POSITIONS brief by showing that larg
percentage of those who sworo they
voted for DR.. Wise and whose ballots