The Birmingham age-herald., 1911-01-21
OFFICE 0F PROBATE JUDGE CONTESTED One Vote VII Decide Who Is
 Legally Elected DATE OF HEARING SET
DATE OF HEARING SET
Contested office Has Been in Con- tinuous Service of the County
 For Thirty Years

Russellville, January 2o.-(Special)-In- terest in the contest for the office of probate judge of this county, which will be heard before Judge Charles P. AL | mon in this city on Monday. February 6. is very great in this county, as well as in all parts of the state. All prepara- tions are being made by the attorneys representing the complainant, ex-Sheriff William D. Lowery, and the defendant, Judge s. J. Petree. and 1t is claimed that when the first Monday in February comes | it will find both sides ready for the hear ing.
 MT. Lowery, the democratic nominee for the office. was defeated on the face of the returns of the general election by Sidney J. Petree, the republican candi- date, by majority of one vote, but an error in the count of the vote of the Waco box was made and it Is claimed that should the error be corrected Low cry will tie Petree for the office. This error with the large number of illegal votes cast, most of which, it is claimed, was for the republican ticket, caused the democratic party and Mr. Lowery to file contest, in which complaint it was alleged that the error with the illegal votes thrown out will give the office to Lowery by a safe majority. This con- test created a large amount of interest when it was entered in November due to the close vote between the two men.
 Lowery and the attorneys representing
 
 continually since the date of the enter ing of the contest and the number of illegal votes cast for the republicans in the county are being counted, together with the bad" votes for the democratic ticket and democrats declare that when this is done legally in circuit court Low cry will be seated as probate judge of this county.
 S. J. Petree, who accepted the office last Monday, has been actively at work with his attorneys and Petree expresses ner in the end.
 Judge R. J. Moody, who has this week retired from the office of judge of pro- bate of this county, has had a continuous service in the courthouse of this county for 30 years, though some of this time he has been out of the office part of the time. Judge Moody served as clerk in the probate office for a number of years, beginning in 1881; then he was selected as register in chancery, succeeding his father, who moved to Colbert county, where he is now register in the same of flee. Then Judge Moody was elected pro- bate judge and after serving out the term was reelected and it is from this term of office that he has just retired. Judge Moody has not decided what bus mess he will enter and will rest for few days before making a decision, but it is probable that he will enter the practice of law in Russellville.
 An excellent record for farmer in this county was made the past season by the Rev. S. w. Lee. a Baptist min ister, who lives on Phil Campbell route 2. MT. Lee, by the aid of his 14-year-old daughter. made Il bales of cotton and yields to do him through the winter months. On this crop MT. Lee realized about 5000.
 Wednesday evening at the home of ex- Circuit Clerk David A. Malone in this city Miss Molie Sibley and Collie c. Reed were married, the Rev. J. A. J. Brock, pdstOT Ol the MelnOulSI cnuTCH, perIOTm- ing the ceremoney Miss Sibley is a pop ular young lady of Russellville and is a daughter of Tax Collector R. o. Sbley. MT. Reed is son of the late William Reed and is a valued employe of the Will son Mercantile company in Russellville.
 Chancellor w. H. Simpson has reap pointed the Rev. W. H. Austin of Rus sellville register in chancery for this county MT. Austin has served this coun- ty as register for the past term of six years and has made a popular officer
 A number of cases of measles have been reported in this city, all of which it is said are of a mild type. Many of the cases are in the Franklin County High school and efforts are being made by Principal l.. s. McRight to keep the epidemic from the public school.
 Wednesday afternoon the Rev w. B. Hutchens, pastor of the Ebenezar Bap- tist church. married Leander Chambers and Miss Mary McDougle at the home of the brides parents near Russellville.