The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-24
CHARGE Of BRIBERY
AGAINST HARTWELL
Lyons Files Answer to the
Custer Proceedings
WAS NOT ELIGIBLE
Claims Candidate Was Interested in
Corn0ration 0nara tinr puhlic Car
WAS NOT ELIGIBLE
Claims Candidate Was Interested in
Corporation Operating Public Ser
vice Utility in Mobile--Seri-
Gus Charges Are Made

Mobile, November S.-ispeeial.) with
charges that Harry T. Hartwef, defeated
candidate for city commissioner was dis
qualified for the office he sought: that lie
had promised offices IN return for sup
port; that he was interested In q pub
/ lie utility; that he was not qualified
elector Of the city; that he or his duly
| authorized agent had bribed a number of
voters to vote for him. and that he had
done number of other things that would
disqualify him for the office, City Com
missioner Pat ]. Lyons. through his at
torneys, Gregory Y. and Harry T. Smith,
field his answer in the law and equity
court today to custer proceedings brought
against him Saturday, September q, by
j. p. Waters. ct al
The charges brought by Captain Lyons
are an amplihcation of those brought by
the compliments In the suit against
! him.
Captain Lyons denies the whole Of the
| bill filed against him with the exception
of paragraphs one and three, which re
merely formal and do not contain any
charges.
The suit was filed against Captain
| Lyons at the Instance of Aubrey Boyles,
a Hartwell leader, who solicited funds.
| together with Frank w. Crenshaw, who
| is now chief of police, to carry he suit
| through the necessary courts. D. b.
Cobbs is attorney for Waters
The Lyons Answer
Tho answer filed by Captain Lyons
says:
Harry T. Hartwell was not, at the
time Of said election. eligible to tho
office of commissioner for the reason
that he was not at the time a qualified
| eloctor of Mobile. He was Interested
in corporation operating a public
service utility within Mobile. He prom
| ised an office. position, employment or
benefit to another person for purpose
of influencing and obtaining the polit-
ical support, aid or vote of such other
person. He promised an office, posi-
ton, employment ore other things of
value to one Davis for the purpose of
| influencing or obtaining the political
| support, aid or vote of said Davis.
! He promised an office. position, en-
| ployment or other things of value TO
one John Case for the purpose of In
huencing or obtaining the political
| support, aid or vote of said John Case.
FOR further plea in this behalf the
contestee says that Hartwell or his
! duly authorized agent bribed a number
n
| tion said voters did vote for him under
| said bribe; and this contestee AYERS
that If the votes so cast for the said
| Harry I. Hartweu under such bribes
were included from the votes given him
there would remain to him a smaller
number of legal votes than the legal
votes given to this contestee and the
legal vote given to this contestee would
be sufficient for his election.
Not Eligible to Office
Further, the contestee says that Hart
well was not at the time of the election
eligible to the office of commissioner fol
the reason that he had violated section
rs Of the acts of the legislature, approved
April s, 1911, in that being a candidate foi
commissioner at this election he either ii
person or acting through his authorized
agent hired or paid or agreed to pay othe,
persons TO solicit votes for him at the
polls on election day and that he knew
ingly permitted or connived at certain
of his friends or agents hiring or paying
or agreeing to pay others to solicit vote,