The age-herald., 1902-01-02
Attorneys Confne Themselves Strictly to Merits of Case
THERE WAS OTHER BUYERS
ieveral Witnesses Swear that Much Money Was Spent In Behalf of Spears by Republicans
 and Others.

' 7 Washington January 1.-(speciar-The clerk of the House of Representatives has received from Dortch and Martin, and Hood and Murphree of Gadsden the brief of Representative Burnett in the contest ed election case of Spears vs. Burnett from the Seventh Alabama district. The brief Is legal argument throughout and the attorneys for the contestee conflne themselves almost exclusively to dis cussion of the merits of the case, rather than making 1t a political handbook. In the brief of the contestant Mir. Spears extracts from which were quoted in the Age-Herald some time ago, the contestant devotes much space to the subject Of bribery on the part of the contestee. In his brief filed today Representative Bur nett says on this subject:
 $1oo Left With Him.
 i've wish to call attention to the con duet of one of the satellites of this cham pion of fair elections, who went forth with the money furnished by contestants and some United States officials to buy votes for contestants.
  mittee to the testimony of Thomas H. Stephens on this point. He Is one of the contestants witnesses and they vouch for his credulity. He)states that $100 was left with him by Mir. Lathrop. Spears cam paign chairman, which he gave to W. W. Battles Battles he states was Deputy United States Marshal who had left his own Congressional district to work for pears at Gadsden, Ala He Is an ap- pointee of Cooper. the United States Marshal, who is proven by the Frank lin county testimony to have spoken at Russellville, the day before the election in the interest of Spears. and to have had another deputy at work with the negroes around the butcher shop where there was whiskey. Battles is shown to have been on the streets the day of the elec- ton working for Spears. and got s25 more from Stephens to send to Rock Springs, which is Keysburg
 Stephens swears that on the day of the election he got check from MT. Bing- ham, the United States collector of inter- nal revenue, to use in Spears interest, and thf $50 of this went to Spoon Mot low, saloon man in Gadsden, by order of Battles.
 Had Roll Of Money.
 B. T. Collier, a restaurant man of Gadsden, testifies as follows:
 "Q. Do you know w. w. Battles? . <."A. Yes.
 "Q. Did he show you any money on the day of the election or about that time?
 "A. I saw him with roll of money; he pIlled if otif of hfe rock at fir, Q oopvarca tion with me.
 @. What did he say about that money?
 "A. On one occasion he said it was the campaign money; on another occasion he said it was Spears campaign money.
 @. Did he say how much money he had?
 "A. He did not tell me the amount; he said he had plenty of it.
 @. State what you said to him in one of those conversations concerning the ne- gro vote of Gadsden beat and what re- ply he made to you.
 "A. I told Battles that the vote of Gadsden was solid for Burnett, both white and colored. He told me to wait until they turned the campaign money loose and he would show them where the negroes went"
 To Round Up Negroes.
 J. M. Wimpee, a brother-ln-law of Bat ties, swears that just before the Novem- Der election he asked Battles to go to dinner with him and Battles declined, because he said he did not have time. Wimpee asked him what his business was that was so urgent, and Battles told him that he was over at Attalla to round up the negroes. Wimpee replied, You can't round up the negroes in Attalla;" and he replied. Money will do it."
 Wimpee then told him If he had money to round up the negroes he had better use 1t on his family, and Battles replied that 1t was N. B. Spears money. Said he had $200 We submit that this testimony tends more to show that the partsans of | Spears were using money and whisky | to corrupt the negro vote at Gadsden | than that of Stockdale tends to show | that Burnetts friends were doing so." Hearing Postponed.
 Chaidman Taylor of election commit tee No. 1, before which the case Is tried, has postponed the hearing from January 18th to January 22d. Col. W. R. Dortch and O. R. Hood will argue the case for the contestee. MT. Burnett will also prob ably make an argument.
 Denson and Ullman of Birmingham ap- pear for the contestant.
 A