The age-herald., 1900-08-22
CONTEST IN THE
 FIFTH DISTRICT Verdict on All Three Cases to be Given at Same Time. THE END IS NOT IN SIGHT Brewer Men Are in the Majority and Garry Every Question Raised
 The Proceedings Are
 Full of Interest
THE END IS NOT IN SIGHT


 committee has decided to render a verdict on all three cases at the same time, and 1t now seems that the present case may reach the jury by tomorrow afternoon. The committee has been just as even in its decisions during yesterday There has been no change in the vote Any question suggested by Brewers attor- ney receives the majority vote and vice versa.
 Few times in the history of the State have such scenes been inaugurated The committee finished the testimony from FL more today, and Clay Was practically con- cluded. The entire proceedings are full of interest and crowds of people keep in wait ing about the building.
 A Protest Filed
 Counsel Graham offered a paper for a Thompson trustee in Clay County, which was in the nature of a protest from the del- egates elected from Clay against the case being heard by the committee for lack of Jurisdiction and failure to legally institute contest before the Democratic canvassing board; that there were no delegates with any credentials except those chosen by thompson; that no contest could be orig mated before the district committee; that no contests were inaugurated by any beats In Clay; that no legal notice of a contest had been given.
 The committee adjourned for dinner and upon reassembling, Mr. Graham concluded his argument and read the decision of the State Democratic committee in the Morgan County case heard by said committee on June s, In which the hearing was dismissed for reason of fact that appeal had been
 
 tion, which had been held in the interim. He also stated that the count had been completed by the canvassing board, the result compiled and certificate made to that erect giving Thompson the right to select his five delegates.
 MT. Stockdale spoke against the motion. He claimed that notice of contest had been filed, and that the district committee was he only one before which contest could be made.
 Counsel White closed the argument for the contestee, and as he concluded he took straight shot at the committee. If this hearing is to be farce all the way through, we might as well stop it right here, he proclaimed.
 Mo.ion dismiss Lost
 The motion to dismiss was lost by the same vote as has characterized the con vention-6 to 3. The contest was then gone into and some written statements offered as evidence by the contestant, which caused considerable wrangling. The papers were affidavits from three gentlemen who were managers of the primary, stating that the managers in the respective beats had not been sworn. Counsel for contestee objected to these papers, but two of them duly sworn to, were admitted. The contestee offered evidence the certified returns from Clay, showing the vote in the county to have been: Thompson
 6S9 Brewer 555, Bulger l. The paper showed that the board unanimous in award ing Thompson the right to select the five delegates. The contestant offered d signed statement from twenty-three of the com mitteemen concurring in the action of the canvassng board
 The contestee placed MT. Northern, of Ashland, beat manager, upon the stand, and proved by him that the matter of swearing in the manager had been dis cussed on the morning of the primary, and that Brewers manager had stated 1 that an oath was not needed. Here the contestee was granted time to | get further evidence, and an adjournment l was taken until o'clock tomorrow. l Morning Sc sion The morning session of the convention proved session of the shirt waist men, | as the extreme heat rendered the taking off of coats necessary to existence. At first 1 roll call only seven of the nine members were present. s. B. Rearson, of Dadeville, was seated as the proxy for MT. Strather
  | sion. Chairman White vacated the chair and MT. Merrith, of Macon. presided. The attorneys consumed half an hour in l whispered conversation, it finally being an- nounced that the committee would take up l the case from Clay when Elmore had been l disposed of. The full committee was in at tendance, when MT. Graham, counsel for l Thompson, read protest signed by c. w. Thompson and J. Tom Hefiin against the | hearing of the contests by the committee l jurisdiction. vested in the convention. | The chairman overruled the protest, and | upon appeal the chair was sustained by a 1 vote of 6 to 8, the chair voting with the | majority.
 Counsel Sanford, for the contestant, opened the Fillmore case by submitting a l certificate of the proceeding. "f thS l Thompson convention in Elmore, the lame 1 being a certificate of credentials of dele l gates selected by the convention. The Authentici. y Doubted Counsel Chiffon raised the objection on | the point of no proof of the authenticity of the document, there being proof to the genuineness of the signatures, Counsel White argued that there was ne 1 reason in the position taken by Judge | Chiffon, the certificate being duly signed | by parties purporting to be the officers of l the convention.
 l Judge Chiffon argued his motion, and the l chair sustained the objection, stating that he had no judicial knowledge that the par l ties signing the certificate were such of | ficers as stated.
 | Judge Chiffon agreed to accept the paper | in case the contestants would not raise any l question against papers to be submitted by himself The attorneys the other side would not agree to this, and they placed | Probate Judge Lancaster of Fillmore upon tho stand to prove the genuineness of their certificate. The witness stated that he was a member of the convention, and swore to the correctness of the signature of MT. l Lull, the secretary. Judge Chiffon sought to establish by the witness that there was 1 previous convention held, which had been | duly organized The witness said such a meeting was held, but that notice had been | given during its session that an appeal would be taken. Fifty-one members com | posed the first and forty-seyen the second