The times. [volume] (Richmond, Va.) 1890-1903, 1901-10-04
Odd China falf g1xco.
WiZZev e Rh0a5s.

in behalf of Republican and against
Democrat.
A high sense Of duty he said, compell-
ed him to take this position, which was
not in keeping with his life long predi-
lections in politics. but was consonant
with his lifelong habit of conscientious
discharge of official duty.
He then declared that he had given
close attention to all the argument made
before the committee by the attorneys
fol contestant ana cOntestee, ana had
thoroughly examined the evidence in the
case and he had no doubt whatever as to
the right of Mr.. Treat to a seat on the
floor OF this convention.
PRODUCED AUTHORITIES.
The speaker then went into an elabor-
ate statement of the law governing cleo
tons and contests, reading from several
authorities. He also read several decs
ions to prove that the contest proceed
ing to law, ana that the objections of
the minority as to the regularity OF the
proceedings We're not we'll founded.
He declared that on higher grounds of
right and justice technicalities should be
brushed aside and the merits of the con-
troversy prevail, regardless of political
interest or bias. He then reviewed the
evidence at length and contended that
the conduct of the election at the pre-
clnct the minority proposed to throw out
was fair, regular and free from evidence
of fraud.
He said the contest turned on Beulah-
vile precinct and if the uncontroverted
evidence of those men who swore they
voted for Treat was taken into account,
there could be no question of Treats
election. Either the oaths of seventy
two men had to be dTsregaried or Mr.
Treat seated The fact that sixty-tive of
these seventy-two witnesses We're negroes
=,
unimpeached testimony. No effort has
even been made to contradict or impeach
their oaths. To say that they are ne
groes and Republicans is not sufficient
to establish the contention that they were
bribed to swear as they did. The pre-
sumption is strong that being such, they
voted as they swore they did for the Re
publican candidate, who is the contestant
here.
THE MARKING OFFICER.
The man who was III the booth and
marked the ballots did not even offer to
swear that these witnesses had testified
falsely. If he had, it might have had
some weight, but he did not do So al
though the marker at Ashland gave
testimony as to the marking of ballots
there, and his evidence was satisfactory
to US of the majority.
Mr.. w. A. Anderson: WAS the vote
of A. r. Pitcher, who stated that he re-
sided at Richmond. counted?
DR. sDunaway: There was no contest
as to Lanesviile.
DR.. Dunaway then claimed that If the
irregular votes were thrown out even
then Treats majority in the two counties
would be nineteen.
He said 1t was hard enough on the con-
testant that the majority of the com
mittee even had reduced his majority
from what the returning board itself had
made it in their returns from the Cold
Harbors precinct: that when Democratic
Virginia returning board allowed Re-
publican majority at a precinct it
could be pretty accurately concluded that
s he was entitled to ali he got. (Laughter.)
He then discussed the marked ballots
cast at this precinct and said they could
be inspected by any member OF the cons
vention that desired it. He voted in the
committee to refuse to count some votes
that he believed in his soul were intend
ed to be cast for Treat and returned by
the Election Board for him. He voted
to throw some of them out because they
did not como up to the strict requirement
q OF the ELECTION law. In spit of all this
+ hardship ,ne contestant had come out
ahead in the round up. He admitted
& that eighty ballots had been thrown out
at Cold Harhor, or about one third of the
whole vote. These were smismarked and
gentlemen could draw their own conclu-s
ssions as toawhy. his was SO. Fifty-one
#of the eighty had a scratch through the
#OArd Roger only IA vera thrown o,, ~