The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1900-06-13

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been great deal of confusion in the con-
vention, he reply to which was that
there had been scarcely any disorder
prior to the bolt OF the sixteen delegates.
When asked whether there had net been
much confusion when Mr. Scull and SIR.
Scott had arisen OF the floor Of the con
vention, the witness said there was Meth
ing Of this kind. Mr.. Kooser said that
Mr.. Scull claimed a seat in the oOnveu-
ton on the strength OF a proxy which he
did not produce, or hand 70 the chair.
On this point Mr.. Gilbert asked WHISTLER
there had not been cries Of proxies
don't go in this convention" Witness
thought there may have been; could not
say positively.
''Quite little stir was made when Mr..
Bergner called General w. II. Kooniz,
one Of the contestants, to the stand. He
described his location in the house. which
was packed. The body Of the convention
was orderly until Mr. Scott attempted to
read a paper. General Koontz detailed
the proceedings of the convention, and
practically corroborsted what Mr.. Berkey
and Mr.. KOoser had testified. The only
question asked in cross, examination was
as TO whether Elk Lick No. ., one of the
contested districts, had been a separate
district for primary elections, to which he
assented.
samuel A. Kendall, General KOontz's
colleague in the contest for legislative
nomination. corroborated the testimony
OF General KoOntz"
DIR. r. T. Pollard testified that he had
been appointed committeeman of Garrett
by Berkey and that he and Frank Phin-
icie had held rival voting places in the
same room. His credentials were ap-
proved by J. II. Shaffer aud F. NJ. For
ney, as members of the executive COM
mittee. On cross examination witness
admitted that he had absented himself
from the polls for several hours.
Charles Barnes testified that he had
been one ofthe inspectors at the primary
held in Casselman in 1899, but when. on
cross-examinatiOn, he was shown the
official return sheet of that election, was
forced to admit that he had not served as
inspector.
G. W. Tresslsr, who held the Berkey
election in Larimer township, admitted
on crOss-examination that he had not re-
ceived his credentials until after the cleo
ton, aud J. F. Smith, the regular COM
mitteeman, swore that he had not re-
ceived Berkey's notice of removal until
after the election.
A. o. Beal testified that former Chair
man Berkley had removed a committee
man a year or two previous, but when
the official record was produced Besl was
forced to admit tina; be was mistaken.
J. L Baumgsrdner, who had been ap-
pointed committeeman OF Ogle township
by Berkey, testified that when he went
to the polls be was served with a paper
notifying him that he was not the duly
elected committeeman, whereupon he
turned over his election papers to D. L.
Manges, who was elected committeeman
by the voters assembled at the polling
place. BaGmgsrdner admitted that he
had taken part in the election of Manges
aud had voted at the primary.
A number of other witnesses were ex-
amined on immaterial matters, when by
agreement of counsel the court took the
names of witnesses vino would cJrrobor-
ale previous testimony.
A. c. Holbert, Esq. testified in regard
10 the convention of return judges a2d
gave a detailed account OF all that took
place in that riotoas meeting. He said
thai the convention had been very noisy
and that there had been continual inter
ruptions. He told how Geo. r. Scull had
appealed from the decision of the chair
when Berkey ruled that proxies would
not be recognized. and how Berkey had
failed Is put the appeal, even when asked
by Committeeman Witt to do so. Wit
Eess went on to tell how w H. KoOutz
had called out in a loud tone, Proxies
don't go" and how the same gentleman
had called to the Chairman to ''go o..
with the roll call and announce the re.
sult;'' how KOontz had denounced the
protest offered by Witt as "being out OF
all character" aud how witness had told
KOOntz that "the Chair must entertain
the protest, as it alleged fraud. and under
the party rules the convention could not
proceed" Continuing. Holbert described
the scenes following the removal of Ber
key as Chairman and what took place in
the regularly organized convention.
L. c. COlborn. Esq, corroborated the
testimony of Holbert, as did John r
Scott, Fred w. Biesecker, Harvey NJ.
Berkeley. Capt w. II. Sanner, Elmer
Moore and a score Of others.
Evidence was submitted showing that
proxies had always been recognized in
regular conventions, aud the written ere.
dentials of F. J. Kooser. f d. Leonard
J. g. ogle and others were offered. On,
proxy in the handwriting OF J. A. Ber
key, which Attorney Gilbert character
lied as "a bill of sale,'' was also submit
ted in evidence.