The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-11-06
NINE WITNESSES
PLACED ON STAND
GambiII Attorneys Spring Sur
prise In Contest
HAVE NEW LIST OF VOTERS
Claim az Registered Voters In Third
Ward Failed to Pay Poll Tax.
Another Session
Tonight.
HAVE NEW LIST OF VOTERS

Nine witnesses were examined by the
city democratic executive committee
last night in the contest of A. A. Gam
bill against Asa L. Hoyt, Third ward
nominee for alderman, but the contest
ant failed in his efforts to have a sin
gle vote disqualified.
To date, Is witnesses have been asked
to disqualify themselves by their own
testimony, and but one has succeeded
in doing So
The attorneys for the contestant
sprung a surprise. however, at the
meeting last night. 1t was the pre-
sentation of a list compiled by the
probate judge charging that AZ regis
tered voters in precinct 81 had failed
to pay their poll tax in certain year
or certain years.
There was grave doubt in the minds
| of the committeeman as to whether or
not this list should be allowed as evil
dence, because it did not show whether
the registered voter was of age, over
As, member of the militia, or other
wise excused in the year in which he
Is charged with having failed to pay
his poll tax. motion to disallow the
testimony was made, but not put to a
vote.
The names included in the list fol-
low:
r. o. Baty, II. J. Broderlck, G. f..
Bryant, b. P. Beard. John Brocato, T..
F. Childress, George r. Crump, Guy r.
Coleman, o. e. Cowden, b. II. Dillon,
A. c. Edwards, S. e. Fundenberg, G.
A. Flanagan, 7. j. Garrison, V. M.
Cant, f. o. Harvey. A. Thomas, e. l..
Thornberg, A. w. Veasey, j. C. Wheel
er, Cobb Pouncey, c. w. Kelly, G. N.
Henderson, r. E. Hill, S. A. Holt, j.
w. Harvey, Walter Hanna, p. Jaffey,
F. Kernberg, Harry Lyons, f. M. Pat
terson, #. M. Pace, J. E. Robertson, r.
M. Savage, j. H. Spear, W. L. Henry,
A. D. Smith, A. M. Smith, r. L. Thomp-
son, C. A. Peace, w. N. McKinsey and
A. J. Milligan.
An interesting feature of the meet
ing was the presentation of the resig'
nation of Committeeman Ellard. He
stated, to begin with, that he had not
of the committee, and that the commit
tee in allowing the votes to count
which were cast for democrat in
primary and which were withheld from
a democratic nominee in general cleo
ton, was in such discord with his own
views and opinions that he thought it
better to resign. His resignation. how
ever, was not acted upon.
His speech, nevertheless, evoked
strenuous applause from those members
Of the committee who held views of all
identical nature, while the members
holding different views suggested that
his resignation be accepted.
The witnesses examined last night
were S. L. Baty, j. S. Colvert, g. w.
Bragan, r. w. Savage, J. l. Baty, r.
o. Baty, w. c. Summers, w. Chapman
and B. p. Beard.
With the exception of j. S. Colvert,
each of the above witnesses testified
that he had participated in the primary
and the general election, that in the
primary he voted for Hoyt, while in
the general election he either scratched
FRANK " 6fleH VI -. INlNeTS Cope
land, or BOTH but that he had not voted
for republican or an independent.
Mr.. Colvert, however, testified that
he voted for Hoyt in the primary and
voted the straight ticket in the gen
eral election. He affirmed that he had
voted the straight democratic ticket
since 1872.
All the votes were sustained, as
stated above
Towards the conclusion of the meet
ing motion was made to the effect
that Mr.. Gambill had failed to sustain
his contest. and that the committee
found Mr. Hoyt the democratic nominee
of the Third ward, but the motion
was not put to a vote. Instead the
committee voted to furnish attach
ments to the sheriff to be served by
him in an effort to get the remaining
so witnesses which the contestant de-
sires to examine to make an appear
ance.
The committee adjourned to meet
again tonight.