The interior journal. [volume] (Stanford, Ky.) 1905-1910, 1909-03-16

resuit. NO one VIII say tnis WIS Hos
fair proposition. He finally refused to
make any such agreement.
Still having some faith in the fairness
of the committee. I.fled before II, in
the time and manner prescribed by law.
notice Of contest. | stated that |
had been fairly nominated and charged
that the ballotslhad been frsudulently
counted and that,the ballot boxes them
selves contained the evidence of and
would show the fraud practiced upon
me, and ! demanded an examination
and count of the ballots by the commit
tee. | further. charged that numbers
of illegal votes had been cast and count
ed for Mr.. McCarty in the various pre-
cincts Of the county and gave the names
of the illegal voters, in all, over 200. l
further Echarged and specified other
fraudulent and illegal acts in particular
precincts. This notice Of contest was
full andlcomplete in every detail. To
this notice Mr.. McCarty filed on last
Monday demurrer and an answer and
counter notice.
The committee was called together
last Saturday and the case tried. tho
the issues were not made, not parti-
Gle of proof had been taken and even
time for taking proof had not arrived.
The case was tried, however, that is If
/ may call refusal of a majority of
the committee to hear my contest at
all. trial. The only question properly
before the committee on last Saturday
was the objection by demurrer to my
notice of contest. For the purposes of
the trial of this question, it was admit
ted that the ballot boxes were stuffed
with fraudulent votes for Mr.. McCarty
and that an examination and recount
would demonstrate that / was nomi-
nated.for sheriff. 1t was likewise adj
mitted that over 200 fraudulent and il
legal votes had been cast and counted
for him. Yet, in the face of these ad-
mitted facts, the committee was urged
not to try the contest, and by vote of
seven to five it so decided. Only T. A.
Rice, W. l.. Bell. VIM. Holtzclaw, J.
M. Cress and VIM. North were willing
to give me a square deal. The other
members of the committee were deter
mined otherwise. 1t was contended for
Mr.. McCarty that the committee had
no right to count the ballots. A most
nonsensical contention, since if the bal
lots can not be counted in a contest,
what is the sense in that provision of
the law requiring them to be sealed up
and returned. ANY port in time of
storm" and anything to give willing
minds some excuse.
1t was also contended that my charge
as to fraudulent ballots in the boxes
was not sufficient in detail, yet charg-
ed that IN the various boxes there were
ballots cast for me and fraudulently
counted for McCarty. | certainly could
not know the exact number in each
box. Again, the party law provides
that the committee shall count the bal
i ioso ia Guy PAtNhhNst bpOh q PCNibiOiis
signed by 10 per cent. of the voters
therein. In order that the committee
might not have even pretext to refuse
a count, filed within. the time pre-
scribed. such petitions from Stanford
Precinct No. 3, Waynesburg Nos. 2 and
and Hustonville No. /. Yet upon
these petitions the committee refused
TO count the ballots III these precincts.
A majority of the committee was SIM
ply deterYined not to open the ballot
boxes and uncover the fraud.
Again even if this one paragraph of
my notice was insufficient, that could
not affect or invalidate the nine other |
paragraphs wherein | charged. in each,
more than enough fraudulent and lille |
gal votes to give me the nomination
and to which paragraphs there was not |
even a feigned objection. Notwith-
standing these facts. a majority of the |
committee, upon mere pretext-I use
the word advisedly- dismissed and alb.
solutely refused to hear or try the con-
test.
l offered before the committee to set
tie and determine the contest by a
count of the ballots. l made this offer
publicly, before the committee, and d.
rectly to Mr.. McCarty, and repeated it,
and he sat dun
This offer was fair and his failure to
accept it or allow his partisans on the
committee to act upon it, is proof con-
elusive of my charge. and demonstrates
that was fairly nominated and fraud
ulently deprived Of the nomination. He
knew count of the ballots would show
the fraud. otherwise he and his would
certainly have consented to and acted
upon my proposition.
The above are the plain. unvarnished
facts and | submit them in order that
you may know that while am the VIC