The age-herald., 1900-08-23
CONTEST CASE
 IN FIFTH DISTRICT The Evidence Was Concluded
 Late Last Night. LEFT WITH THE COMMITTEE Attorneys Decided to Submit the Case Without Argument-Some Interest ing Exidence Brought Out
 Riddle Created Laughter
LEFT WITH THE COMMITTEE


 an almost continuous session from early in the morning until late tonight the evidence in the BrewerThompson contest was sub mitted to the executive committee for final decision. It is said in case either side wins the case will be appealed to the State ex- ecutive committed
 The morning session convened with full attendance, and Counsel Chiffon called the case from Coosa.
 Counsel Graham, for the contestee, pre- sented a protect from delegates selected at Goodwater, setting forth reasons why the appeal should not be considered. The paper set forth a lack of jurisdiction; that they were the - delegates with legal credentials; that no legal notice of contest had been given the delegates; that they were the only delegates holding credentials of any nature; no appeal was taken from the action of the Coosa convention; there was not a dissenting vote in the county convention from the action of the creden- tials committee in seating contested dele cations. For these reasons the dismissal of the case was asked.
 The convention argued the case pro and con, but the committee refused to dismiss by vote of to 3.
 At this juncture the contestee presented an affidavit from z. T. Carpenter, of Clay, stating that he had been manager at the same box with D. L. Campbell, who was the Brewer manager, and that he had urged that the managers should be sworn, but that Campbell held that an oath was unnecessary. The affidavit states that the count at the box was correct and signed by all of the managers.
 It will be recalled that no evidence was offered by the contestant in Clay save that the managers in three boxes were not sworn as required by law
 Coosa Itehumcd
 The Coosa case was resumed, and l. M White was placed upon the stand. MT. White is beat chairman of Goodwater, and the substance of his testimony was the identification of two different calls posted in the beat. The first was posted on Tues day before the election on Saturday, and was for a beat meeting. The second was posted on the day of the election, and changed the first order from a beat meet ing to a primary. In reply to a question as to why he had, made this change, Mr. White said that at the first meeting the Thompson supporters had all of the Popu- lists lined up. This statement brought ob- jection from the other side, and finally the question was withdrawn.
 Poll List were To
 The poll list was sworn to by witness. Of total of 124 votes cast, all were for Brewer Thompson's friends did not par ticipate in the primary He saw crowd congregated in front of the warehouse where the primary was held, but he could not say that it was a beat meeting. The witness did not hear the proceedings.
 J. J. Reynolds was placed upon the stand. He was one of the managers for Awer at Goodwater and identified the poll list. Wit ness stated on cross-eXamnation that he had seen a meeting before the warehouse, and heard them voting aye"
 R. P. Tucker had acted a Brewer clerk, and his testimony merely corrobor- ated that of the other witnesses
 The contestant closed the Goodwater hearing, and the contestee announced that they did not care to produce any evidence until the contestant closed in the county.
 Kellyton beat was next heard, and J. H. Brown, the witness, identified notice calling the beat meeting at the regular vot- ing place in Kellyton. He had called a meeting to order August 11th, at the school house, at which forty votes were cast, all for Brewer.
 Upon cross-examnation the witness stated that he was not authorized by the beat committeeman to call the meeting to oiuSl. lHc iHcStilS was CdlltQ lO OIueT between and o'clock. At that hour an- other meeting called by the beat chairman was in session at Webb's store The wit ness had gone to the box, and asked the Brewer managers to leave, which they did. He did not know that the Brewer manag- CTS had voted and were registered and 10 on the poll list Witness had announced to the crowd that all present who were Democrats and would support the nomi- nees would retire with him to the school house. Between forty and fifty went with him. Witness acknowledged that eight of the forty names appearing on the poll lists were Populists. There had been no contest of this beat before the convention at Good water, but he had intended to introduce a contest but did not have an opportunity
 Counsel Chiffon announced that he would pause for the contestee to offer testimony and Attorney White replied that he would rebut when all of the contestants testimony was in. Judge Chiffon said the contestant would make objection to this. Crews Beat Taken Up
 Crews beat was next considered and B. w. Waldron was placed on the stand. The witness identified copies of resolutions which he had offered at the beat meeting on August Il, to fix the qualification of voters as to conform with resolutions of the dis trict and county committees, and upon re- jection of the resolutions, he, together with the other friends of Brewer, including the chairman, withdrew and held another con- vention. There were 19 votes in the Brewer convention and 26 in the Thompson conven- tion. Four of Thompsons votes were Popu- lists and three were non-residents. These subtracted would have left 19 votes in the Thompson convention.
 One man was voted for by proxy in the Brewer convention, the witness said, on | cross-examination.
 He said one man presented himself to vote who was turned down because he had not voted in the August election. While this man had been to the insane hospital, he was not a non compus mentis, because after selling some mortgaged property, he had sense enough to go to the insane hos pital rather than to the penitentiary. The committee recessed for dinner Afternoon Session