The age-herald., 1901-04-04

ton maQE D1 MT DOWlt Ol AdlUOuu dilO adopted giving ten minutes to each side in which to argue the case.
 The Arguments.
 MT. Graham of Montgomery made the argument for MT. Conner and MT. Thomas and MT. Clayton of Barbour for pr. Vim.
 MT. Clayton read paragraph of the proceedings of the State convention of 1892, in which 1t was held that the execu- tive committee of the county was the proper tribunal to pass upon contests and to decide who are the nominees of the party.
 MT. Graham, replying, said the rule had no bearing on the present contest.
 The committee went into executive ses- sion and after a few minutes considera- ton adopted the following resolution:
 ''Whereas, 1t is the sense of this con- vention that the facts in evidence do not warrant us in setting aside the action of the executive committee of Barbour Coun- ty. declaring Dr. J. J. Vim the nominee of that county as delegate to the con- stitutional convention; therefore. be 1t
 Resolved. That action of said county executive committee in declaring him the nominee he and the same Is hereby sus- tained, and the said J. J. Winn Is hereby declared the nominee of the Democratic party of Barbour County as one of the delegates to the constitutional convention, and that a copy of this resolution be fur nished the contestant and the contestee and the chairman of the executive com mittee of Barbour County.
 Sydney J. Bowie of Calhoun rendered his resignation as a member of the com mittee on accounts of necessary absence from the State, he having been elected to Congress from the fourth district. The vacancy was filled by the election of Tip ton Mullins of Chiffon.
 Elmore County Case.
 The contest of F. L. Mckenzie against A. E. Williams of Elmore county was taken up.
 The petitioner alleged that in beat No. Williams vote was raised from 7S to 9S, fraud being alleged,and that by the addition of 20 votes Williams vote in the county WAS P greater than McKenzie's s.
 The contestee replied that no contest was made before the executive committee nor the convention of the county, and moved therefore to dismiss the case for watt of Jurisdiction.
 1-.. Graham of Montgomery, represent ing tne contestant, stated that the con- te. ,ant had no knowledge of the alleged tlaud until after the county convention mad adjourned.
 : he u,..4.y committee called the com m!ttee together to hear the contest and la;ef rcs.nded the call.
 Chairman Smith stated the party law to Le that the committee not only had appellant Jurisdiction but also reserved the right to investigate fraud wherever found.
 Contestee denied that any fraud was committed In beat No. 6. where contestant alleges 20 votes were fraudently added to contestees actual vote He also alleged fraud in beat No. g. the home of the contestant
 An affidavit of A. F. Wideman, com mitteeman for beat No. S. in which he states the managers reported to him that Williams received 7S votes and o. C.. Swindle 19 at that box. A. M. Butler, managers of election in beat No. 6, who swears that the total vote at that box was 97, of which Williams received IS and o. c. Swindle 19.
 In the returns made to the county com missioners, Williams was given 9S votes instead of 7S
 The Tally Sheet.
 The tally sheet was introduced and it showed that Williams received IS votes and Swindle 19. MT. Mckenzie stated that he received the tally sheet from Beat Committeeman A. F. Wideman.
 A letter from MT. Wideman to Mir Mo Kcnzie stated that he retained the ballot box in his possession until the night be- fore the convention met.
 Tho contestee submitted an affidavit of Chairr,an Howell of the county executive commi tee, stating that he had called a meet lg of the committee to hear the contest and that later MT. Mckenzie came to him and said he would withdraw the contest, and the call for the meeting was recinded.
 Secretary Smith of the executive com mittee of Fillmore County, stated that un- der the direction of the chairman he had sent out a notice of the meeting, and that later he was instructed to notify the members that no meeting would be held. He read the proceedings of the executive committee. It was shown that H. H. Hall moved to exclude the vote of beat No. 6 on account of gross irregularities, but the motion was withdrawn. MT. Smith said Williams vote in beat No. as shown by the returns was 9S.
 Dr. O. S. Justice, whose home is in beat and acted as returning offecers. He said the returns showed 9S votes for Will liamson and 19 for Swindle. He said But Ter, whose affidavit was submitted by the contestant was not a manager of the election, but that after Mir. Walker, who was representing Swindle, retired, saying 1t was going too slow for him. Butler who Dr. Justice stated is illiterate, then uo l,Yn mt n SWfndlo aIa- ment. Howell opened the box and heard him read the return which were 9S for Williams and 19 for Swindle. He said the managers told him on the day of the pri- mary that Williams received 9S votes.
 Other Testimony.
 James Williams and A. A. Edwards clerks of the election in Beat No. 6, made affidavits that the total vote at that box was 117, and that Williams received 9S.
 MT. Young, one of the managers, stated to the committee that the total vote cast in the beat was IF, 9S of which were for Williams
 Mr. Gilland. one of the managers of election in Beat No 6, stated that Will Hams received 9S and Swindle 19 votes. He admitted having had a conversation with MT. McKinzie on March 26. and that he declined to sign an affidavit which he previously agreed to sign. He denied hay ing told MT. McKinzie that Williams re- ceived only 78 votes, and said MT. Mo Kenzie gave him a quarter which he was to pay the justice of the peace for ad- ministering the. oath to him. but when he decided not to make an affidavit he re- turned the money The ballot box he said, was tied with a string. He said he did not admit to Mir McKinzie that Will Hams vote was only 7S, but that he did tell him that was the general report.
 Dr. Justice was recalled and stated that