The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-12-18
state COMMITTEES is not suniclent legal

state Committee is not sufficient legal
notice of contest.
Mr. Gillian asked II tho procedure IN
this case is not the same as that III the
case Of bill in equity.
MIR. Cabell: If we are governed by q
court Of law the point OF Mr.. Gillian
would be we'll taken. II VIC are governed
by the rules Of procedure in legislative
contests these rules of procedure have
not been compiled with.
After further fencing along this line.
Mr.. Dey produced two letters from the
chairman both received the same day.
he said.
Mr.. Jeffress read the letter to Mr.. Dey.
asking for the production OF the taiiy
sheets of the primary Of October i5th' Mt.
Dey in reply, stated in letter read. that
he had been instructed by the CITY Coh-
mittce to permit any voter to see his maine
and how he Individually was record
ed but not to examine tally sheets.
Attorneys for both sides agreed TO sull-
nit to the decision Of the committee, ami
to abide the results after much prellnlt-
nary parleying.
AFTER vIND1CATlON.
Further questioning and answer were
INDUCED between counsel for .contesteeS
and committeeman as to tho notice given
and it's suilicicncy Mr.. Cabell stated that
his clients had been heralded TO the world
MS connected with II fraudulent election.
and wanted to go ntos.th case ana get
the vlndcation they deserve.
After some inquiry for the tally sheets
used in the election. and the failure to
produce them, Mr.. Watkins stated that
the absence Of these tally sheets and
failure to produce them would he pre-
sumption Of fraud that would weigh
heavily with him.
Mr.. Watkins further cited the analogy
of q case IN court where failure 10 pro-
ducc written testimony asked for was
construed as adverse to the party ea-
pcctch to produce them. The declaration
in this case had been filed and contestees
do not deny it. This was constructive
notice.
Mr.. Lynch was opposed to SO into the
case unless the tally sheets were pro-
duced.
Mr.. Cabel: II you want those tally
sheets, I believe we can have them here
But let's be fair, Let Us have notice OF
the charges With specifications. The
statutes in contested cases provide that
when you object you must specify the
have been unfairly cast.
Mr., Jeffrics How can we specify when
we have been denied access 10 the tally
sheets. We have given them everything
We have,
Mr.. Easley moved that the tally sheets
be wired for.
SHEETS LOCKED UP,
Mr.. Dey stated that this would be I'M
possible. Asked why he stated that they
were locked In his safe.
Asked II some one could not secure
them, Mr.. Dey replied that no one knew
the combination to the safe except him
self and his two clerks, both OF whom
were IN this city.
This statement caused mild sensa.
ton. Mr.. Gaines moved that the COM
mittea adjourn until to-day TO give time
to produce the tally sheets,
Mr. Easley renewed his motion re-
questing Captain Dey 70 produce tho
tally sheets, and have them here al night
if possible. This was adopted. and the
committee took a recess until 1 F. N.
When the committee reconyencd NJ I
p. NJ. il was agreed that each side be
given fifteen minutes for an opening
statement of what they expected 70 prove.
MIR. l.awlcss for the petitioner then re-
cited tile now familiar story OF the Nor.
folk city primary, with the allegations
concerning the scclusion OF the Judges.
| Gordon OF police around tho polls, refusal 20
| grant contestees a tally-kceEcr or to adj
| nit representative within sight Of the
| Judges and all the other details Of the
election Sc, out In the petition, and more.
| Mr.. Catell for tho respondents, answer,
! ed. denying absolutely any fraud. In,
| admitting there may have besn Hrrors
! OF judgment, lie defended the Norfolk
| primary, saying 1t Was modelled on tho
| Richmond plan, aud compared ,hg two.
| AS 10 denlal Of representation no stated
| that the city Committee did not thlnk Il
good party policy 10 recognize me OK
| istencc Of factions. lie declared tina, In.
| diYldpals and not q party had asked req.
resehtaion N the cOHduct 81 tia t!ea-
lion, but argbed too lmpOuiblltY ~
! pleasing everybody.
POLICE DfHTrREERs
! Al 70 The preaeHcs of ~ many p1lice.
men al ihe polls, he fecited nat In lac
/ primary of l9l the pDilce hun ga,sea q
/ disturbance at pne precinct aud lad been
| disturbing clement Ihty hsS sIaYed
| the para of thugs, bulidpzeFH hG3 EBrZ.
| ers In that election. Their ife@Hee ms
| year was due 10 tho diFgTa@sf4i EsEaes
Two years before. Ia the election m lsOi
| the police had broken iGto a Iayi!iax glaH4
/ and driven the clegkB agc oRleef8 ut.
| The Mayor deamed IL VIE n aesi tf4sa
1 10 the polls 70 prevent 4 tepEistSla n
/ such disturbances, He plalasa TIT eyls.,
1 testees would phpW ~ cfS tSsiifsalti5I o!