The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-11-16
Recon- ut
CONTINUED from Page one.l

whqck at II and at the end of mis- re.
marks to make his argument a 1T
tie more persuasive or to intimidate
the court and help It to grant the mo.
ton be advised the court that an an.
plication for a writ of mandamus had
been made and that the writ had been
awarded. He then took the manu-
script from John Davis hand.
the court has until Wednesday to
comply with the conditions Of the writ
or show by answer why the election
officers 5hoald not DE brought in.
The Democrats expressed their de.
sire OF pot having It become neces.
sary TO serve the writ.
This consumed the time UP until one
o'clock when the court adjourned until
two-thirty o'clock when It would pass
When the court met this afternoon
President Fleming Informed the esua.
sci for Mr.. Conaw9y that motion was
Ioverruled. The court was about 10
proceed to declare the results of the
election when Mr.. Cornwell addressed
the court and stated that counsel foy
Mr.. Conaway had motien to make.
1t proved that he was playing for time
for Scott G. Lowe TO come in with the
writ. Mr.. C0rnwel claimed that lie
wanted to be fair, with a circumflex
on the in fair. Mr.. Shaw accused
him OF taking up the courts time until
Prosecuting Attorney Lowe cou;l
eame with the writ, Mr.. Cornwell de.
MED it, But developments proved it,
Mayor Nicely glanced over the wrl,
of mandamus and It met with his an.
proval.
The writ is in the following words.
STATE OF WEST VIRGINIA.
At Circuit Court held in and for
the county of Marion at the Court.
House thereof, November 16. 1905, the
following order was entered:
Tone ". Morgan, VS.. z.anford f. Flen,-
ing, W. E, CoMray and Caleb p.
Moore, ex-offcio Board of Canvass.
ers OF Marion connty.-Order.
This day came the petitioner. Tone
v. Morgan, by counsel, who being full.
ly heard, it is consIdr. ell by the court
that writ of mandamus be awarded
returnabie here on til 18th day of No
Nember. 1908, directed to and COM
manAing the said Sanford E. Fleming
W. E. Coriray and Caleb p. Moore,
Board of Canvassers for Marion coun-
ty. to summons or require the attend.
ance before them, at the Courthouse
OF said county, before they proceed
further with the canvasslng of the
election returns Of the election held in
the several voting precincts Of said
county on the Sd day of November.
1908. of the election commissioners
and poll clerks, in each Of Tic follow.
ing voting precincts in said county,
that is to say: Precincts Numbers 4
and in said Warrington district:
Precinct Number ? in Pawpaw dis.
trict, of said county: Preciucts Mum.
bers /. 3. and in 1rant district of
said county; Precincts Numbers 9. a.
G, and IN Fcirmont district of said
county; Precinct Number in Union
district Of said county: Precinct Mum.
Der | in Winfield district of said cuun.
ty: Precincts Nunlbers.1 AMI !, in Lin.
coin district OF said county; to tetsti.
~ and give evidence respecting In.
said poll books, tally sheets and Ger.
tificates now before said Board or
Canvassers, and put them In proper
legal form, and make such orders con.
corning the same as shall be deemed
proper to procure the correct returns
and ascertain the true result OF said
election in said precincts In said coun.
ty and in such case to take down and
spread upon the records of said Can.
wasting Board all questions PROFOUND.
ed to the said election commissioners,
poll clerks and other witnesses, and
all answers theerto, as we'll as all 9TH
er evidence, and cause said poll books,
a ! Z E d. ; - d l4 10