The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-10-01

the unanimous opinion that treating nun.
bers of voters during the candidacy OF
7 the person 80 treating with the intent ana
purpose of influencing the said voters IN
behalf Of the said candidates does clearly
come within the scope of the Barksahie
pure election law. and should be pnnisn'
ed accordingly. but in the case OF Throck-
morton vs. Wendenburg now pending be.
fore this committee, we are further OF
the opinion that no evidence has been
adduced to prove the charges. and the
case Is, therefore. dismissed"
T. &C. RUFF1N,
ef Chairman.
JOSEPH A. JOHNSTON,
Acting Secretary.
Mr.. Smith arose and thanked the com
mittee. and with his client and colleague
left the room The friends of Mr.. Wen
denburg crowded around him, shook his
hand, and congratulated him.
Hechler. T odd Matter.
A long and rambling discussion de-
veloped when 1t was further announced
by the committee that 1t had set sal
t,rday morning next at 10 O'CLOCK LOT the
hearing Of the charge against Messrs.
Hechler and Todd. Mr.. O'Flaherty OBJ
jected on the ground that the charges
were not filed In time, and that unner
any matter brought to It's attention alter
September 18th. Several members OF tho
committee spoke and finally ore or TWO
of them struck the Keynote when they
declared that they would have to aware
the certificate to some man fit for the
position; that tho only way to judge OF
the fitness of Hecher and TODD vas
Investigate the charges brought asaiiis
them which charges could not DO "
M claimants to the certificate ny 81
election will be ordered. Two Q" tn'aei
members Of the committee agreea VIZ
Mr.. O'F'laherty and thought that th' Con-
mittee could not go into the en- aH
all. t.s,,#
1t was finally decided that the nf att-
tee should take the question up SSssu
tive session before 1t adjournei no 70
eide IL it had right to 50 into the
charges, II It had day for the hearing
would be fixed. and Mr.. O'Flanerty said
he would be present TO answer the speci,
MT NOT then then the charges wouHd be dismissed
The WYATT Case.
TIA matter commonly. but enormously,
known as the Wyatt-1lewis contest, was
reyt gone into. 1t was charged py MI
WYATT that there were certain lrresu-
titles at Shumaker's precinct ana ne
asked that the votes cast there be ehtnl.
mated from the count. The chlet erouho
for this contention was that fifty-se'en
ballots irregularly voted In reference 10
INC once NJ magistrate for which Mr..
WYATT was a candidate had been torn up
ond destroyed instead of being returned
IN the committee, as was required by
law While 1t was a fact that wyatt
would not have been elected II all the
fiftv-seyen votes we're conceded to MIN,
still his counsel, Mr.. Roscher, contended
that there might be other discrepancies
which might affect the result. =.
The precinct book was gotten out anu =.
was shown that while 500 votes had been
cast, only 40 were returned. rms ie1t
a discrepancy Of fifty votes, which would
not affect Wyatt one way or the otner.
The committee thereupon determined 10
dismiss the paper Of Mr.. Wyatt.
There still remained, however, very
delicate question No charge was brought
against the Judges OF election. but wnetn-
er innocently Or not, they had hagrantly
violated the law In not returning the
ballots thrown out TO the committee. ana
not only this: when voter falls to marx
a ballot properly with reference to par
ticular ONCE, this latter Office Is the
onlv one affected. The vote counts as to
ali If the others. But the Shumaker
Judges had thrown the whole ticket out
because the magistrates were not
scratched right 1t was shown, however,
that these fifty votes would not nave
affected the election In any important
particulars.
A fight was made, however, to throw
out the whole precinct on the ground or
irregularlty, and II this were done 1t
would change the whole face OF the re-
turns, upset the nominations com pletely,
and create confusion generally. From the
contemplation Of such a possibility the
committee retired with a shudder. 1t set
tied the question when It dismissed tho
petition of Mr.. Wyatt and refused to elm
mate the precinct because fifty irregularly
marked ballots had been innocently de-
stroyed. Still the three judges were sum-
rncned to appear and mako an explnna-
ton. and there may yet be some interest
ing developments in this connection.
The Wyatt hearing. brief as 1t was. was
very interesting. At one time Squire
Lewis charged the petitioner with viola
ton Of the Barksdale law
Will Investigate Further.
After the disposition of this matter the
committee took up the Hechler-Todd
matter again. A pretty warm message
from Major Sands to the committee was
reported but the counsel for Mr.. Brauer
expressed his willingness to assist the
committee In any way possible If it
wished to go into an Investigation of
Hecher and Todd. The committee there
upon retired for consideration of the
matter In executive session. It returned
after short while and announced that
II would proceed with the Investigation
OF Hecher and Todd at the hour origi-
nally fixed upon.
The committee thereupon adjourned un-
til 10 o'clock on Saturday morning next.