The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-11-16
WILLIAM H DAVIS, HOWEVER, =
NOT ACCUSED OF HAVING
TESTIFIED FALSELY.
SAYS " SAW NO nRIQULARI-
r1Es-RELLvHLE NOT TO TIES
THY AGAINST oBRIEN.

evening" Session OF tls lEldl " ASA INV
CRY solicitor O'Brien was the tes;-
rony OF tho states witness. William
II. Davis.
After listening TO questions and ar
swers read . him BY Attorney Riiz from
his testimony before the council !0veSp-
cations last Juno. Davis stated tina; he
wanted the jury 70 know he had forgot
ten he had been sworn h'i"." giving this
testimony.
He said that 10 had been sworn about
two hours before he called upon I" give
MS testimony to the council. hut max
he did remember ut the time when ~
was being examined that he had been
sworn. Neither the defense nor the state
attempted 10 prove that Davis had tes-
tilted falsely in the council investiSa-
tom, nor did either side ask the WIZ
ness IL he had told the truth At that
time.
However. Attorney RTE questioned
Davis closely as 10 his memory. elicit
ing the answer. Some things l rcmem-
Der and some things | don't. paws
stated on the witness stand last niSht
thSt he remembered having been sworn
before he began the testimony ne was
them giving. He WAS the last WITNESS
called and testified In general that ne
WAS a commissioner at the last cstS
election a, precinct No. :. being the
Hose House on Eleventh street.
Saw Nothing irregular.
He arrived at the polls at about 40
a. NJ, fndlng that shelby Jones had ar
rived there before him. Peterson came
after, and then came Zell Kent with the
ballot box. FOR which he (keno had tue
keys After all the commissioners had
arrived, the ballot box was opened ana
examined and found 70 be IN good shape.
Kent did not give the keys 70 the "aIIot
box 70 the witness. Davis further tes-
tined that he did not leave the polls
until about ! o'clock. when he went 20
lunch. lie did not remember tt,any one
else went 20 lunch. He was gone about
twenty minutes.
The witness testified that when the
polls closed at 7:l7 p. m. he went to
the front and (took down the banner
hanging on the outside and helped
.,ra!ghtsu up tho papers in the room
IN which The election was held, Then
Shelby Jones and Zell Kent carried the
ballot box up 10 the second floor. where
the coun: was 10 be made. lie did not
follow them. nor did he see them come
down. as he left Immediately for his
supper.
Davis stated that he returned from
supper about twenty 70 twenty-five MIN
utes later and went 10 the back par
Of the hose house and FOUND 'otfH'ah
burning tho unused ballots IN the alley
Kent came out OF the house and oterec
Davis one OF the keys 10 the election
box. which he took and put N his
pocket Tho witness stated he then
wen, upstairs and found Selby Jones
alone with the ballot box. As soon Il
he appeared. Jones left for supper Snc
was gone about one hour. Clarence
Peterson came upstairs some time be
fare Jones returned from supper prob"
bly, about Sis, and remained until IN
count was finished. The witness als'
testified chat during the entire election
re SAY nothing irregular or illegal. anc
ii anything Of the sort had happened
IL was while ne was absent toT MS
meas
On REORGANIZATION b. Attorney
Ei,z. DAYS testified that the poll books
ally sheets and c7.rtih'a;"s were s'rno'
after Ia. cUun; was made. and not be
fore H,. stated tina, hr h,,G t'iI III:
story before n" counc!. The best n
could" Attorney Ri;z t""n read hin
several Of the questions prop"unded Z
hin, At the cnuncilmartc investigator
and his answers to ;hcm as given II
the record and asked him 70 HerN'
;hrs, questions and answers some o
Them he was abe 10 Identify. while oth
rrs I've WAS At Il loss to recall.
n. remembered. however. Answering
4 question before the council In IN
affirmative that he had Key 70 IN
ballot box In MS possession ~hen II
went home :" supper. lie further ties
t!hed at that tim" that he mad ke'
to one OF the locks on IN" ballot box
n
kew 10 the other lock. II VAS hero that
through questions fred at him by AT
tnrnay Ritz. he told the jury that h
had been sworn before he gave hts ties
tirnony 20 the council. but that he d.
no, remember Il at the time 'ot testi
Tying.
coffman Cross-Exarniusd.
Yesterday evenings session opene
WITH the DENOMINATION or the WIZ
rcss Coffman. who had been on IN
Stsnd during the latter part OF III
afternoon.
He testified that he acted as election
commissioner n tho last city election
and that he had neld such posiAo
many times previously and was THOR
ouyh.y familiar with the work and du
ties Of, the position. He stated ina
he was the second man TO arrive at IN
pOl,s on election morning. DuC wan nv
pnsi,iys who was there before MIN
thinking. however. that II vas Shelo
tones He testified that no was fo'
lowed by Kent with the ballot box. II
didn't know where Kent got the bail"
box, OF the door he used to enter IN
polls. but tina, he had the ballot b."
with him The ballot box was opene
N the presence OF all the commission
ers and found 10 De in order. II" state
that no remained at the polls the en-
tire day. having his supper sent 20 MI
about 4:3n In the afternoon.
Tho witness testified that before n
coun. was begun in the evening all IN
officials wers present and that PeteI
son had already returned. When IN
polls were closed. Coifman stated
burned the ballots IN tho alley outs'd
the nose house. requiring from one-hai
- ,hrCe-Quar;rrS o! an hour 10 bur
them. lie was posi'l:e that the tim
could not iav" been ."Sa 'ottma
also TESTIFIED ma: N" tally sheets. POI
books and rcr'inca,es were signed hc
fore tho count was made. II" was sur
OF this, and commented :la, such
thlnE was OF common practice. II WA
after signing these papers ,aa; h" heg7
20 burn the ballots. tOtrman stated. II
was not very certain as :" the nunhs
OF ballots burned. but after help 1roI
Attorney RITZ. thought the numbe
might approximate 80.
After burning tho ballots Coffma
stated ne went upstairs whore the ha