The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-26

said frauds raised a storm OF in
dlgnant protest en- the part Of
both Democrats and Republicans
throughout tho district. and Colo
mel Siemp instituted inandamus
proceedings in the Supreme Court
OF Appeals OF Virginia, and 1t was
foregone conclusion that the said
court would correct the same and
that not until this was done, and
not until Judge Rhea.. saw the
handwriting on the wall, did Judge
Rhea ever raise his voice TO re.
fhs the sai frter Charge ar a yhat
man who would 80 act Is unfit
for a high judicial position"
:. Rhea Sent No Em ahat as.ord,ns
It Will be observed tna. nc, nGeof ,I,ars
thrown out In the counties of Rus.
SELL Washington and Wythe, and that
alterations In the abstracts ana re.
turns were m se.t IN r ie cbarge s' states
that certain parties were sent out by
Judge Rhea to the counties OF RUS
sell. buchanan and Scott, ana, Wher-
ties occurred. except in the county of
Pulaski. to which Judge Price, from
Bristol. was sent. The evidence falls
to show that Judge Rfea sent any OF
at conference Of his friends, held on
the night of the election (Which at
that time seemed to be very close),
1t was thought best to take steps for
the protection of the De N era Sim IN
District which could be reached, and
that those steps were taken, not by
Judge Rhea, but by his friends In that
r. tate Irvine. at Big stone Gap, to
look after Lee and Wise counties:
Hon. B. L. Buchanan. of Marion. was
requested to look after the returns in
Smyth; Mr.. Lee Trinkle in Wythe, and
Preston w. Campbell in Washington
county. Mr.. Ashworth volunteered to
go to Russell. and Mr.. Hamilton to
Scott. On his way to Russell. or after
he got to Lebanon. Mr.: Ashworth had
a conversation with Tom Lockert in
reference to the election returns, and
Mr.. Lockert VOLUNTEERED to go to the
county OF Buchanan. It is true that III
the county of Russell four Republican
precincts were thrown out: that the
only testimony given in reference to
the cause was that DIT one of the pre-
ccincts the Republicans had locked the
house In which elections had been ac-
customed to be. held. and which belong
ed to Mr.. Dickinson, Republican, and
former Senator: and one of the wit
nesses for the prosecution before the
Confirmation Committee: that they had
lance away, had surrounded the yot-
Ing place. and, for at least half
day voted an unofficial ballot
thrown out. irregularities had occur
books. as the law required the poll
book and ballots to be. and these pre-
cincts were thrown out, which made n
considerable difference in favor OF
Judge Rhea in the county of Russell.
There Is no, evidence. however that
Mr.. Ashworth. who got to Lebanon
the day before the vote was canvass
ed, had anything to do with the action
of the canvassing board in reference
to throwing out these precincts, nor
is 1T strange that the commissioners.
who realized that the returns and poll
books did not comply with the require.
ments of the law and who acted on the
advice Of Mr.. Bert Wilson. attorney
for the Commonwealth threw out these
precincts. Before this question was
settled by the Supreme Court there
was great difference of opinion
amongst lawyers upon this point. many
of them contending that. in as much as
the canvassing board could not take
testimony and had to be guided by
the returns and the requirements of
the law. in reference thereto. they
should throw out these returns when
ever the legal requirements We're, not
complied with, but that court of
competent Jurisdiction. upon writ Of
mandamus. and. when proof could be
taken: showing that the poll books.
as exhibited to the canyassers at the
clerks office. We're in the same con-
dition as when they left the hands
Of the judges. of election. should order
the. votes to be canvassed. This view
had been taken at least three times
by the Congress of the United States.
Once in the contested election case of
Plat VS.. Goode. from the Second Dis
trict of virginia: once in the case of
Abbott VS.: Frost, from some district
in Massachusetts,. and once In Goode
VS. Epes, from the Fourth District of
Virginia.
The conduct of Mr.. Ashworth at
good deal of testimony, but nothing
appears in the evidence taken before
the committee. which casts any re-
Election whatever upon the propriety
associated with while at Lebanon were
such mon as NJ. c. Clark. the treasurer:
Cert Wilson. the Commemorative at
torney: DIR. Grant and others, against
whom nothing can be said.
Smashed the Door Open.
1t Is true that Mr.. Dickinson testi-
flies that he went to the clerks office
on the night of the 18th OF November.
door. he found it locked: but. when.
at his demand the door was unlocked.
he went in and found Mr.. Ashworth
tie 9Th. finding that the canvassers
had locked themselves up in the clerks
office and would not give him admis-
sion. he burst omen the door by main
Bert wilson with the canvassers. Both
statements Of Mr. Dickinson as abso-
lutely false, and the statements are
not sustained by the evidence or by
1t is also true that. after the alb
stract of the vote had been made up
and mailed, 1t was taken from the
office by the deputy clerk who stated
that he did it for the purpose of cor
recting additions, and that. when those
corrections were made, the abstract
was again sealed up. and, instead of
being mailed. was handed to Mr.. Ash
worth with the request that he would
mail the same at Abingdon, the state
ment being made to him that 1t was
deemed unwise to mall the abstract
at Lebanon because the postmaster
worth came from Bristol In a private
conveyance. and. upon his return, pass
ed near Abingdon, and. as 1t would