The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-09-10
GREAT INTEREST N
GLOUCESTER CONTEST
I'm Recount Of BeirH Vote Each Can
dtdate Gains One
Vote.
EvID ENCE is NOW ALL IN
Argument In Case VIII Begin This
Morning--One Man nj Treviltans
said To Have Bccn Cnqualiiicdly I'm
certain rs To How He Voted.

Especial TO The Richmsnd Nirginian.)
Gloucester c. H., Va, Sept. 9.~-ln
the contested election case between
James l.. Taliaferro and &. s. Smith,
Jr.. the evidence is in and the argu-
ment will begin tomorrow morning,
Mr.. Smith was declared the nominee
for commemorative attorney OF the
primary by plurality OF one. MT
Taliaferro claims that certain men
had voted for him ut Helroi and other
precincts that would give him the ma
jority.
At Belroi, upon count Of the ballots.
each man gained one vote. The Judges
had thrown out two votes as heln2
improperly marked. which the judge
counted. 1t is claimed that one man
voted at Trevilia MS who WAS not quati-
fed. Mr.. Taliaferros attorneys claim
that this man voted for MT. smitn,
and the man himself saws so. Mr.
Smiths attorneys show that the man
told Judge Taiiaferro that he voted
for him. Someone said that the voter
said after the election that he voted
for Mr.. Tabb. The man himself de-
MES this, and explains that ne dio nov
understand what Judge Taiaferro mad
said to him.
In his petition to deprive Smith or
the nomination, which We won by
majority OF one vote. Taliaterro mere
lly charged irregularities. and Judge
Jones dealt the contestant a stagger-
ing blow when he drew the distinction
between fraud and q mistake.
Tho court held that man couid
make a mistake and II would not con-
stitute a fraud, while a fraud was not
a mistake, but ar act wilfuily com
mittcd with full knowledge on tae
part of the perpetrator that 1t was
fraud
Because Judge Taiiaferro confined
his charge to irregula rites. the court
refused 70 allow nine witnesses 10
testify that they voted for Taaaferro
lat Belroi Precinct. The official returns
from that precinct gave Taiaferro
only six votes.
Belroi Ballots Counted.
In order to determine whether there
Ihad been mistake at this precinct
! the court sent for the ballots cast at
Belroi and had them counted In MS
presence The result showed two votes
hat had not been counted for ITALIA
| ferro and one vote that had not been
counted for Smith the count being
twenty five votes for SMITH and hve
for TaHaferro. total of thirty votes
east at that precinct An EXAMINE
ton of the Belroi poll book recorded
! thlrty-two votes cast A notation In
the poll book, however, showed two
ballots thrown out because they had
not been properly marked. The court
ruled they were Taliaferro votes and
| ordered them 50 counted,
The court then ruled that there had
/ been merely a mistake at Belroi Pre-
! cinCt and added that If the nine votes
Judge Talaferro claims were cast for
! him there had not been counted for
! him, the votes had been stolen"
There was no other construction. the
court said, 10 place on the act, If such
act mad been committed.
The court then ruled that inasmuch
| as Taiiaferro had failed to charge
| fraud on the part of the judges o.
election at Belroi. il would not now
allow him TO adduce evidence to show
this