The Montgomery advertiser., 1904-09-13
STATE COMMITTEE SUSTAINS
 COUNTY COMMITTEES ACTION

the committee had acted that 1t had heen arreed by the committee to nomi- nate R. B. Kelly or W. W. White side and that he "had beeh made . fool of."
 Chairman Mallory excluded this tes- timony or the ground that the st rnent of Mir. Johnson was maoe altes the committee had acted.
 Judge Driver testified that Hon. J. rom Hefiin did not say in addressing inc committee that the committed could not do anything but nominate MT. Oliver.
 The Anniston Meeting.
 Mir. Browne then took the witness and asked him what Mir. Hefiin did say.
 of Mir Hefin's statement was that the committee should order a primary and that 1t could not defend itself before tho people unless 1t did nominate Mir. Oliver.
 Mir. Hefiin was next called. and cor roborated the testimony of Judge Driver.
 Examined by Mir. Browne. MT HeYin said he was a delegate by proxy to the State Convention from Chambers County and he had no knowledge of selection then of Chancery Commit tee for the Northeastern Division. Mir. Hefin went over the stormy session of the Chancery Committee at Anniston and his protest against its action. Hon. T. D. Sanford of Opelika, of counsel for MT. Oliver. was introduced as a witness. He said he. was chair man of the delegation from Lee County to the State Convention and that no convention of the delegates from the Northeastern Chancery Di- vision was held to select a Chancery Committee.
 Questioned by MT. Browne. Captain Sanford said that he had heard that Chancery Committeeman from Lee County. Captain Sanford testified that he was Chairman of the Demo- cratic Committee of Lee County and that as such he had written Mir. Aeker that he had heard that MT. Watkins was the Chancery Committeeman from Lee County. ...,4',is4 4"-s, ,, The taking of testimony was here rested by counsel for MT. oliver, and MT. Whiteside was called as wit ness by MT. Browne, who was con- ducting his case. 't
 MT. Whiteside's Statement.
 Mir. whiteside testified that he was a delegate to the State Convention from Calhoun County. He said he heard an announcement made from the stage of the State Convention that the delegations from the Northeastern Chancery Division would have a meet ing. Mir. Whiteside said he did not enter into any trick or scheme to se- cure his nomination or to defeat the nomination of any candidate and that he did not have any knowledge of any such trick or scheme.
 z 4 ThorS0n of Chiffon feaffHed that he was a delegate to the State Convention and that he attended a meeting of delegations from the North eastern division to select a new com mittee for the division. At this meeting MT. Thorson said he was selected as the Chancery Commit teeman from Chiffon County. MT. Thor son said he was Stranger in politics" and he did not know the chairman or the secretary of the meeting as he knew very few politicians in the State" He said Tipton Mullins. chairman of his delegation, presented his. Mir. Thorson's, name as the committeeman and he and Mir. Mullins retired.
 Another Delegates Testimony. The next witness was J. J. McElreath of- Anniston, wlio was la delegate to the last State Convention. MT. McElreath testified that he attended the meeting of the delegations from the Northwestern Chancery Division where new com mittee was selected. Saying that he was not "a State politician" Mir Me- Elreath declared that. he tdid not know who was the chairman or the secretary of the meeting. His impression was that the sixteen counties in the Chan cerl Division were represented at the meeting.
 MT. Brown next called W. P Acker, chairman of the alleged Chancery Com mittee which nominated MT. White side.
 MT. Acker testified that on February To-, 1904. Chairman J. L. Burnett of the Chancery Committee called a meet ing to arrange for the forthcoming pri- mary and at this meeting MT. Burnett resigned as chairman, and he (Mr. . Acker), was elected as his successor. Mir. Acker then went over the history and conduct of the Chancery Commit tee as set out in his answer to Mir Oliver's petition. He showed his ef- forts to get the names of committee men from the various counties of the Chancery Division.
 MT. Acker denied emphatically' that the nomination of MT. Whiteside was secured by any trick or scheme. He did not support any one actively, but Judge Kelly was his choice He said he did not know before the meeting who was the choice of any committed man except Mir Greer of Calhoun He said that Messrs. Gree and Black.