The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-09-25

nominated for sheriff at said primary
election. and that the apparent majority
of votes for said Higdon was brought
about: First, by maleonduct on the part
of certain officers of said election. as
hereinafter pointed out; second. by bribe-
ry; third, by Illegal voting for said Hg
don, and If the Illegal votes cast for said
/ Higdon were taken from him, 1t would
leave the number of legal votes received
! by said Higdon less than the number of
legal votes received by said Stiles. The
said Higdon actively encouraged the said
Illegal voting In this way: It Is provided
by the laws of Alabama that every MEM
Der of the Alabama National Guard Is
exempt from poll tax during his active
membership The said Higdon was for
long time an officer of the said guard,
and received the active support of its
members In this county.
Accordingly, the said Higdon and the
officers of said guard who were support
! ing him. represented to not less than $50
male inhabitants of Jefferson county, who
were not qualified electors on account of
| their failure to pay poll tax due for 1905
| and preceding years, that by receiving
certificate that such persons had become
| members of said guard, they could vote;
| and pursuant to such representations
/ lneGe nave DetH lItItluth tilllSAAAliiAAa III
said guard within the past six months of
not less than $50 persons who were not
qualified electors on account of their fall
ure to pay poll tax for which they were
! liable for the pears 1905 and preceding
years. Your contestant shows that no
enlistment, although bona fide, made since
February / 1906 would relieve the disqual-
| lficatlon of a person otherwise qualif-
ed to vote, where such disqualification
was due to the failure to pay poll tax for
1905 or any preceding year. Your petit
toner shows that under cover of said
fraudulent pretense, not less than $50 per-
sons who were not qualified to vote, cast
votes for said Higdon at said election.
Illegal Votes Charged.
| 4. Illegal votes were cast and counted
for the said Higdon by the following per-
sons who were not qualified electors under
the constitution and laws of Alabama:
the votes of such persons having been
cast at the polling places set opposite
their respective names; to-wit:
| Name-John Gulas. Pete Gulas, Tom
Moseley, II. N McTyere, Emmett Frost,
Joe SAWYER, Louis Smith, F. d. Smith.
f. D. Smith, Jr. Sam Norris, L. A. Rea-
gor Joe Pumilla. John e. Smith M l..
Drake J. e. Fitzpatrick, N. II. Averytt
J. Obenchain, G. w. Berryhill, L. f. Whit
i ten, Dr. Il. "A. JOnnSOn Ut. d. i. iNclilt
! M. A. Kirkland, ]. L. Owens, Saunders
White. all of precinct IS, Ensley box; John
Brown Ed Donaldson, James Meagher,
Joe Harding all of precinct 20, Pratt City
box; L. Watts of Brighton box; Jack Nc
3. Annually of Brookside box; II. Clay Hill,
viii McComb. Major Salter, all of Iron
dale box; L. II. Pryear of Woodlawn box;
/ Peter Gouvernch of Jonesboro box; Char
| ley Masks Of Pump House 3; -- Dick
! f,,-f Of Frank MprpllO of
Ninth ward, Birmingham; Joe Malone Of
| Fifth ward, Birmingham ]. r.. S. Scott
of Huffman A. Ed Patilla of Fourth ward,
Birmingham; Jim Williams, VIII Rush.
| E1gin chatham J. c. Anderson, all of
| Beat Z Lynn Watts of Brighton, beat 80;
John Anthony, William Mcdonald, both
of beat I; John Watson of beat %; Vann
Vines, of beats q and 5; Darby Bergn,
Ed Guthrie, w. J. Cohen, all of beat q;
Edgar Strauss Second ward. Birming
4 ham; G. r. Davies of Bessemer 80; j. A.
/ Branch of Bessemer. 80: John Fellows
Second ward, Birmingham; J. T. Bow
/ den, precinct As; Jacob Purmlllla, OF Ems
ley, As; and by over 800 other persons
And said Stiles shows that IL said ille-
gal votes SO cast for the said Hlgdon were
taken from him, 1t would reduce the
number of votes given to him below the
number of legal votes received by said
| Stiles.
5: Said Stiles further shows that at the
election at Lewsburg box, In precinct o.
Joe Watson who was not a resident of
said precinct acted as manager. although
not appointed to do so. and voted for
said Higdon, although his vote was He
| gal, and received three other Illegal votes
! for said Hlgdon at said box, being those
of to-wit: Darby Burgn, w l. Cohen and
| Ed Guthrie; and that said box containing
sail illegal votes and an alleged majority
| for said 1Iigdon, has mysterlously disap-
| peared
/ By. That the Brighton box in precinct
| No. 49, one DeShaZo, who acted as mama
ger Of election at said box. bet $50 that
said Stiles would not receive fifty votes
at said box; that said DeShazo certified
the returns from said box, took possession
of the ballots thereat and on the face
of the returns won his bet
g. That at Pratt City box, one vote was
counted for said Higdon, there being no
x opposite his name on the ballot and no
other means of legally ascertaining the
| intention of the voter. And at Wylam
box the same thing was done, the ballot
in this case being No. 3d.
Electors Not Qualified.
T. There were cast and counted for the
said Higdon at the following boxes the
votes of persons who were not qualified
electors in the following numbeys, to-wit:
| At box No. O. Jonseboro, Illegal votes.
| Box 4, Aarons, II.
Box 5, Short Creek, 8.
Box Z, Bethlehem. 10.
| Box s, Oxmoor, 5.
Box 8, Elytons27.
Box II, Green's 6.
Box r. Leeds, %.
Box IA, Sells, 10.