The age-herald., 1901-01-05

stated It was also shown by the witness that MT. Gambill occupied the position of street and poll tax collector for the city. The contestant was the next witness, and stated that he did not authorize MT Gam bill to make any arrangements as 60 votes. On cross examination MT Davis stated that MT. Gambin was one of his strongest supporters. He denied any knowledge that money was bet on the result but admitted that he had heard that money had been waged..
 William Cutlln. the registrar of the ward testified that the Elldge certificate was is- sued at the request of MT Gambill in the presence of Ellidge's brother, and that it was understood that Elidge was to call for the certificate
 Mir. kelIy's Testimony.
 w. L. Kelly. one of the clerks. testified that in tallying the vote there was dif- ference of one vote at several times be- tween the two contestants, which was rec tifed, and that the returns as certified to were correct.
 s, L. Beafey testified that J. S. Livings- ton boarded with him, and that he came here few weeks ago from Decatur.
 J. s. Livingston, one of the challenged voters, was the next witness, and testified that he did not say that he was here only temporarily; that he came here to live, Son 18th of 18th of December.
 In rebuttal MT. Davis testified that Liv- tngston had told him that he was not a res- ident of the ward, but lived at Decatur and was here looking for work.
 R. J. Kearney testified that Livingston told him he was stranger and not resi- dent of the ward; that he saw him register and also was at the polls when he voted and did not challenge the vote.
 James Vaughan, also one of the chal- lenged voters, testified that he voted in Tennessee in a Democratic primary. Was employed in a commssary. He said that he formerly lived in Birmingham and voted here before, and came back to Birmingham in October.
 On cross-examination he stated that his family lived in the Third ward and had lived in the same place for the past fifteen years.
 The attorneys for the contestants offered the ballot box in evidence and asked that the ballots be recounted.
 MT. Lowe, on behalf of the contestee,
 
 that the returns had been certified by the election managers and that the charge that tie count was wrong was vague and not specific.
 MT. Allen insisted on the proposition, and stated thts- it was not a reflection on any one, but only an effort to get at the facts. J. R. Copeland moved that a recount of the ballots be dlsallowed and that the bal lots be not recounted. The motion was adopted.
 Ended Abruptly.
 At this point the contest was brought to an abrupt end by the adoption of resolu- ton declaring D. R. Copeland the nominee. MT. Allen protested against the action, but. finally it was agreed to submit the question without argument, and the resolution was adopted after a motion to go into execu- tive session was voted down.
 On motion the chair was directed to noti fly the hold-over police commissioners that c. W. Austin had been declared the nomi- nee of the party for chief of police and to request them to cast their votes for him. The chair was also to certify aehe result of the primary to the Mayor in accordance with the plan.
 A discussion came up over the question of paying the clerks and managers, and a motion to pay them s2 each was voted down.
 The secretary was instructed to pay in cidental expenses and ito prorate the money on hand among the candidates which will give them back about 40 per cent of the amount originally paid in.
 A resolution of thanks to chairman Moore for the fair and impartial manner in which he had presided over the deliberations of the committee was unanimously adopted.
 New Executive Committee.
 The vote for members of the new execu- tive committe was then canvassed and the following declared elected:
 First ward F. J. Williams and John Horan; Second ward, J. W. O'NeiH and J. B. Dwyer; Third ward, John Antwine and J. R. Kearney; Fourth ward, B. A. Thomp- son and w. M. Newton; Fifth ward, Dr. Charles Whefan and H. B. Abernathy; Seventh ward, Tom Baine and G. B. Burk- halter; Eighth ward, Harry White and W. K. Rosser; Ninth ward, A. Shropshire and Pat O'Hara.
 The committee then adjourned sine die.