The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
Mr.. Tunstall merely denied the allega-
lions set out in the appeal
Mr., Tuustall a Witness.

Mr.. Tunstall merely denied the allega-
lions set out in the appeal
Mr.. Tunstall Witness.
| Mr.. Martin then examined Mr.. Tupstall
who testified that he and Mr.. Otis were
candidates for Representative of Hale
| County.
At this point Mr.. Martin said he de-
sired the box containing the returns of
Male County. The sub-committee re-
| cessed until the box was secured.
When the Hale County box was brought
in Mr.. Martin opened 1t and read the pro-
| ceedings of the Hale County Democratic
| Committee, including the appeal Of MT.
| Otis and the declaration by the commit
| tee that Mr.. Tunstall was the nominee.
Mr.. Martin moved to remand the case
to the Hale County Committee and adj
dressed the subcommittee. He said the
| Hale County Committee had declined to
| investigate the charges made by Mr.
Otis Notwithstanding 1t was claimed that
| sufficient illegal votes were cast for Mr..
| Tunstall to change the result. He said he
| did not assent to the proposition that the
| State Committee could not remand the
| case to the County Committee. The State
Committee. he said, was the high court
| of the Democratic Party. 1t could do any
thing to conserve party interest and party
|
| State Committee to remand the case to
the County Committee for investigation.
Mr.. Knox representing Mr.. Tunstall,
replied to Mr.. Martin. He contended that
| the County Committee had considered the
merits of the case, and said that the
| State Commute was to decide whether the
County Committee had acted correctly or
incorrectly. and not to remand the case.
| 1t was probable, Mr.. Knox said, that IL
tI,o do6 10, tIo uaIn rattn
ty Committee no meeting of the County
Committee would be held as 1t had been
| disclosed here that the chairman of the
| County Committee, Mr.. Jones. was par
| tisan of Mr. Otis. In this case Mr.. Tun-
stall would be deprived of his rights.
The subcommittee then went into ex-
ecutive session to consider the motion of
| Mr.. Martin to remand the case to the
| Hale County Committee.
Would Not Remand Case.
| When the committee reconvened Chair
man Mallory announced that the sub
committee would not recommend that
| the case be remanded, but would proceed
| to take testimony touching any Illegal
| votes specifically named before the Hale
County Committee
Chairman ]. NJ. Jones of the Hale Coun-
| ty Committe was introduced as a wit
ness for Mr.. Otis. Mr.. Jones identified
| tHS f1dle county DO4, the returns, Lne
| ballots and the poll lists therein. He pro-
duced the ballot polied by s. B. Burford
| of beat 10. who voted for Mr. Tunstall
and Mr.. Martin endeayored to show that
| Mr.. Burford had failed to pay his poll
| tax.
Mr.. Knox objected to this procedure
on the ground that no legal evidence had
been presented to show that Mr.. Burford
had failed to pay his poll tax. He also
|
| that he was not liable for poll tax. This
evidence was admitted by the committee
This method of securing testimony was
pursued for some time and all question
able votes were inspected and duly re-
| corded Various electors of Hale County
were examined concerning their ages.
their eligibility as voters and their resi-
dence Beat managers. inspectors and
| county officials were also examined
/ A wrangle ensued between the lawyers
concerning the admissio of registration
| list which resulted in the exclusion of
the registration list.
At 1880 o'clock the committe took a
recess until $50 o'clock.
In Favor of Mr.. Tunstall.
The night session of the subcommittee
on contests dragged through several
hours and resulted in the subcommittee
reaching a unanimous agreement to re-
port today in favor of Mr.. Tunstall in
the Hale County contest.
The chief incident of the night session
of the subcommittee was a hot contro-
versy between Mr.. Martin, legal repre-
sentative Of Mr.. Otis and Mr. TunstaTl,
the contestee. Warm words passed but
the incident was amicably adjusted.
1t was after 9 o'clock when the SUBJ
committee reconvened and Chairman NAL
Tory announced that it was the purpose
H.
work before 1t before the night was over.
Mr.. Martin continued his examination
of Hon. ]. NJ. Jones. Chairman of the
Hale County Committee and to produce
details concerning votes cast for Mr.. |
Tunstall.
At II o'clock Mr.. Martin announced that
he had completed his testimony and Mr.
Knox for Mr.. Tunstall announced that
himself and associates did not desire to |
argue the case. Mr.. Martin insisted upon
arguing the case but said he would not do |
so when Chairman Mallory announced |
that speeches would be limited to ten
minutes
At II o'clock the subcommittee went in |
to executive session and soon thereafter |
it was announced that the subcommittee |
had decided unanimously in favor of Mr. |
Tunstali and would so recommend to the |
whole committee today.
Miller Won Contest.
The subcommittee Immediately took up /
the contest from Henry County and
Judge Winter, representing Mr. Espy. filed |
an answer TO the petition of Mr.. Miller |
The answer was in substance that il had |
been the unbroken rule In Henry County |
to determine the results of primary cleo
tions.
To the answer of Mr.. Espy. Mr.. Halls
representing Mr.. Miller, demurred, say
ing in substance that the primary cleo
ton was held in Henry County under ths'