The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-09-20

8 4 XIX 1EXA#VVs
argument in Nv hioh 5he declared that the
paper submitted by his client was In all
respects SUFFICIENT Still IL the commits
tee wished more definite and particular
lnforma tion Mr.. Hechler, who was not
possessed Of the legal mind and the "oily.
Sintellectuallty, Of the great Mr.. Mere
dlth whose fame has gone abroad over
the land-Mr. Hecl1ler should By permitted
to submit specifications The speaker
warned the committee that II 1t covered
up the charges and cut of Investigation
on the ground Of technically, 1t Would
be a sad and sorry day for the good
name Of Henrco county. He held that the
Barksdale law did apply IN . tn =,
ms In all other Z cases and he
idlculed Mr. Meredith asking the latter
why the candidates filed statements Of OK
penses and made anldayts II they did
not believe in this same Barksdale law.
Hechler Wins "a Curious Happening.
Without giving Mr.. Meredith opportu-5
nifty to speak further the committee do
cided to consider the paper Mr. Hechler
will draw up series OF specified tons and
submit them by Wednesday at noon. The
case IltS6l1 WlIl-'U SO1IC INV
morning before the committee Inc near
ing will begin at 10 o'clock.
INN edlately following the disposition u
this matter there was made q motion to
reconsider the vote on the Todd paper
The motion prevailed, the vote was recon
sidered, and 1t was decided to admit tho
paper This contest also will come up
Saturday. Tt will be the Brauer-Hechler-5
Todd fght-a triangular affair.
l& A rather interesting and peculiar thlhs
happened here Major sands. one OF the,
attorneys for Mr.. Brauer, arose, II un-
derstand," he said in effect, that one OF
In. members of this committee Is inter-
eEted In these cases-that he Is to %
the deputy of one of the petitioners II no
wins the contest. It is, Of course. ne
cessary for me but to mention the mat.
ter and the gentleman will withdraw
from the hearing. Nobody moved or said
a word. Major Sands said nfterward
that he would announce the name of tho
man IL It became necessary.
Mr.. O'Flaherty made an effort to get
the committee to require Mr.. Brauer to
flo his statement OF expenses SO the Pc
TONERS could see it before the case was
heard. The defense refused to do lt.
standing upon the law, and the committee
had no option In the premises. Counsel
for Mr. Brauer. however, agreed to FUR
nsh the expense list to the committee,
DuC not TO ~ + Au11oA W.
n-Wendenburg.
Next to occupy tho attention OF tho
committee was the paper of Mr.. Throek>
morton. alleging fraud on the part OF NJ
Wendcnburg The defendant was repre-
scented by Mr.. H M. /. y. Smith, u. ana
Mr.. JohnsgA Lamb; Mr.. sThrockmorton BY
Mr.. O'F'saherty The defense promptly
moved a dismissal of the paper. One Of
the committeeman as promptly moved
that the paper be thrown out. Hc said
It was dinner time and he didn't want
to listen to any hot air. The name Of this
committeeman is T. n. Bagley, OF How
ards Grove,
Both Mr., Lamb and Mr.. Smith spoke
on tho motion for dismissal, They held
z that tho charge by Mr.. ThrockmortOn
did not come under the primary plan
because the olfense alleged did not cons
stitute "fraud<or irregular!ty"; they held
dale law because that law did not apply
to the case; they held that It did not
como under tho recently adopted resolu.
ton OF the committee In reference to
pure elections because this resolution
was not printed in tho plan and published
as must have been done It It was to be
binding upon tho candidates.
In HIS fight against the application OF
tho Barksdale law, Mr.. Smith road the
r hill showing that throughout II referred
to 'pr!maries, nominating conventions.
or general elections,'',!n so far as 1t pros
hibted the use of money, ETC., In q cans
vass, and prescribed the punishment there
for, but that when 1t cameAto deal with
contests It referred only to ELECTIONS and
"ofllcers," not to primaries" and "nomI-
nees." The law did not touch the present
case, and Mr.. Throckmortons paper WAS
therefore invalid 3
Proceeding, Mr. Smith said he did not
deny that Mr.. Wendenburg took drinks
with his friends during tho election. But
It was with no intention OF influencing
their vote. The habit Of drinking together
was a tlme-honored custom In Virginia,
and Mr.. Wendenburg was liberal fellow
wha liked to treat his friends and be
treated by them. 4. l56
When Mr., O'Flaherty made his reply
he reiterated his warning about technl-
calities, He held that the charges came
under tho county plan, since the alleged
offense did constitute an irregularlty and
a fraud. Ho hold also that the Barksdale
law applied to primaries as we'll as to
general elections in the matter OF con-
tests He produced letter from Mr.,
Barksdale giving an affirmative reply to
this very question. Furthermore he held
that the contention OF Mr. Smith would
turn the law into an absurdity, II what
Mr. Smith said were true then the com.
mittee could take no notice Of such Of,
fenses as those alleged and would have
TO give certificate of nomination to q
man who might later on be sent 10 jail
and fined for violat ton OF the provisions
OF the Barksdale law. NJ
At this point Bagley insisted on his