The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-08-10

cured hN f'II'' i. j. /. - III vi me- '.'''
now cay S"!i,rtur ami al" Wa : ). -
S"u.Ii% mt '>t"d IA Ia" i'sEii 81 '"'
erection
II The fraudulent nttiom ~ >""":.n*
the substitution OF o'EGr commissioners
NJ election IN place uf Speyc" aHl Kline
two reputable rit!2cns. VIII" ha! been
nuuoin;cd and were willtIg - HrrN" rs
such COMM ssi"EcrS.
= Tn. secret and unann"uncrd
change Of tIr- voting place IA l'r"'iL'i
NJ X Of tie kirst THrd and consequent
substitution or other judges III place OF
Bauers and Svartz. rhcreiutor" duly
and regularly appointed and VII" "cr"
ready ana willing to serve
"a. Tn" inJiscri niratc and unre-
s,r,c,cA use uf so-oAr1eL voting certi-
tcateS ISSUED by II. E. Crag !. Or In his
name, Ivy tho use Of which many Illegal
votes wrro CAST ~ said eIt'cLui
a. The removal OF the bali hCxes
and parap he7ralta, from Tho plac' whore
the votes werp cast In The Se"on' ara
Third Precincts of the Second Ward
20 some other place for the purposo u
counting.
Is. The presence m Precinct No. J OF
the Second Ward, a; the place "here
the ballots wrr" being counted and
during a considerable" portion or mat
time. of II. {. CrAEn. who has .ince
benefited largely by The result "i t"e
election and who Il; that Time ma" n
legal RICH, 10 be at said pace.
It, The active participation OF said
H. {. CraGu in connection with The
counting, calling on and tabuiai"n VI
said votes.
l.. The improper delivery "C III" bal
lots and ballot boxes I" said II. &.
craRo.
is. The fact thai vn" halt"t sprcia .Iy
marked ny ihr voter, Huti', and t'stI-
ned 10 Ly huu. ".,H moi found am"hS
. the ballots which were returned by tn"
election officers The testimony ~ IN"
witness butts Comp"iS the conclusion
that either another ballot h"N was sub
Siiru.rd for the bon in which his vote
WAS deposited, ar that has vote was
among those which II charged were
frauduicntly ahstractrd from the BAL
10: ton and others substituted N lieu
thereof. As said by our Supreme Court
in the case Of Mckinzle ". Hatfield,
Mayor. :, W. Va. az. The pro"f Is con-
elusive that some one has Tempered
with them"
-. The further fact, which SubStan-
tiatcs the conclusion las, above set out.
as disclosed by lhr testimony If IN"
prosecuting attorney. carl Ia oh nann.
who says that anywhere from nifty 10
one hundred and fifty ballots az In" box
returned from Precinct No. 3 in tho
Second Ward wer" ballots which. ~ his
opinion. were marked Ivy the same ier-
son.
-. The failure Of The judge OF the
FIRST nrrrinV' IT ia" FITS; Ward TO
properly DISCHARGE his duty IN IN.
premises. and the delivery by him. ~
an unknuwn taN!oah driver. -: thc la,
: lot box. instead Of delivery - the irop-
er custodian.
q. The lact that ,wo hundred and
eIgh; voters testified ,aat .h"y mad
voted for Charles A. G!I,.gan AT rrc".nct
No. in the 81 oad wL"d. WHEREAS he
alleged returns Credit him with but one
hundred and twenty.
- The testimony ~ the witness,
R!rstcr. chairman OF the County Repub-
llcan tsrmmIttec as to N" arrangement
wnich Earl Pctiicord pr"rUs"l 20 him.
about using one hundred and nifty hai-
los :" hr prepared prior - the c."';!nn
l." tGlcca, use in connection with said
election.
p. All OF these things. uneNDlajn"d
as they have been, together with The
mute testimony" o. t!aud" Rockers.
who refused to be sworn. cad !rresiSti-
by 10 the conclusion that fraud OF the
crosses; Sor, WAS perpr'rat"d :" mis-
election. and that berg rue. 'h"r" can
BE- '.n question Of he admi&~.h.uiy Of
evidence Of vo,crs IA I" how they
. voted
In Mcdonald ~. Wood - Southern
Reporter. Sc. decided bv the supreme
court q, Alabama. April ?9th, 1925. Is
was held:
There was To error in permitting
m. witnesses produced by contest
ant to testify FOR whom hey voted.
The falsity OF the sirke;s, by reason
NJ the alleged fraudulent substitution,
was the gist OF tho action. and 20
bind the contestants :" the tickets
themselves which IN" inspectors had
preserved. FOR proof % how IN" "lec-
;ors voted wouiI hr 30 render the
ontest an empty and useless proceed
.ng.''
In PedIgO rS. Crimes. Is \. f.. 100. de-
c.drd by the surrc a,r court q; Indiana
November 3rd, 1887. me third and fourth
Joints Il Nhe syNahu. read As follows:
3. Evidence tending - show that
ballots have been trAnduIrnt.y put In
:he box. currup'ly taken out AMI
banged. is competent. although the
,'ection officers. and al PERSONS WI"
nave had the charge and custody or
no election papers and ballot boxes.
may have testified hat the ballots
We're not disturbed. and that the seals
Of the boxes were not broken. or the
papers changed
- Where there I" no cyiGencc or
fraud or corruption, the ballots or the