Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1908-11-30
WHY THE COURT
REVERSED ITS RULING

Prince. on. w. Va. Nov. 30.-The
county court OF Mercer County, sit
ling as a board OF convassers OF the
election OF November Ord, Friday
reversed itself when 4. refused Hon.
j. l.. Smith, Democratic cand date
Tor state senate, recount OF the
oallots in his race with Hon. A. w.
holm5 s, Repub lean.
On November 9th, tho county
cour; met to canvess the returns of
me election. and a recount was de-
manded by Hon. w. II. McGinnis, of
Beckley, for Joe l.. Smith. The
recount was started, and at the
same time the Republicans demand
ed recount for a. NJ. Sutton, who
was defeated on the face OF the re-
turns for prosecuting attorney by
John II. Pendleton a Democrat.
The recount Of six precincts was
had, and VIII lie Sutton made no
ga MS, Smith was steadily gaining
on Holmes. The Republican law
yers seeing no hope OF counting in
Sutton, suggested to the attorney
who was supposed to be represent
ing Smith that if they would stop
he recount for Smith. they would
withdraw their demand for a re-
count for Sutton. w thout appris-
ing Smith of their actions an oral
agreement OF this kind is reputed
to have been made, although the
records no dot show agre ement, aud
the recourIts for al candidates were
stopped. This was all done without
notifying Smith, who learned of the
action of the court through the
press dispatches, and came mined
ately from his home at Beckley to
Princeton. With his attorney, Il. o.
lFhlegar. of Beckley, thoy appeared
before the court which had not yet
adjourned as a canvassing board,
and made the demand that the re-
count be continued. This demand
was granted by the court, and
Thursday, November 26th, was set
as the day upon which the work
OF going over the ballot would be
resumed.
Smith and his attorney were at
Princeton IN the day agreed upon,
but the court failed to make It's
appearance and did not convene un-
I'll the next day. When it did meet
it promptly and without any appar-
ent cause, except upon the advice
of Judge CD II. A. Ritz, biased
Republican gangster attorney, re-
versed its former decision in which
recount was granted, and said +:
would not give Mr.. Smith recount
The court also refused to correct
some bold steals which were plain
ly visible upon the tally sheets, and
which deprive Smith Of 10 votes to
VIII CHI he was by right entitled to
have counted for him.
An investigation over the protest
Of The gang, by Mr.. Smith, disclos-
ed that ne had gained three votes
in the six precincts counted, and
which If given credit for, together
with the 10 votes lost to IN by
wrong calculations in carrying out
in words the tally marks on the
poll books, would give him without
further recount, a gain of IA votes
in Mercer county.
1t is the general opinion over the
district that should The ballots be
counted, that Smiths gains in Mer-
Ger county alone would wipe out
the apparent majority of SO for
Holmes, his opponent 1t is also
thought here that the reason that
this supposed and reported compro-
mise was made was that Holmes
attorneys knew this.
Mr.. Smith has not given up the
fight, but Will carry the same to the
Supreme Court, where he hopes
that honorable body will grant h rh
writ of mandamus compelling the
county court of this county to COM