The Birmingham age-herald., 1921-01-18
ELECTION CONTEST
 WAS SH|F TED ID YESTERDAY

Gadsden, January 17.--(SpeciaL)- Easing her claim for consideration as a material witness in the contest now being waged in the Seventh Congress sional district for the seat of Congress- man L, B. Rainey, .drs. Nellie Whit, 3 prominent Alabama City woman said she had been refused the right to take ballots from the table and mark them for those who desired her help. She claimed that she had been ap- pointed a watcher at the polls by J. s. Franklin, the present commissioner, who is handling the collection of tes- timony for Charles E. Kennemer, the contestee and that she desired to be allowed to mark ballots at box 2, Ala bama City, on November 9, and was prevented from doing so by the elec- ton officials
 This contest, the taking of testimony Tn which has been in progress for a week, Fort Payne being the scene of last weeks efforts. has now shifted to Etowah county, the vote of which put Congressman Rainey across last November
 It is expected that the continuation of the hearings will reveal nothing more damaging than the lax methods used throughout the country districts "A shS Steitt Ou tletliOH ddy anu ludl the charges or fraud, which have been raised in every section of the district by the republicans, will have to find justification in minor infractions of the state election laws.
 Mrs Whit was on the witness stand practically the entire morning, and as the coWthouse was closed for two hours in the afternoon, out of respect Tor Capt. James T. Brooks, who died n 1f was made at the first days hearing. Mrs Whit testified that she had been appointed a republican watcher by MT Franklin and on election day she ap- reared at box No. and while willing to be sworn in, was not asked to per- form this oath and failed to.
 Mrs Whit further testified that she voter in spite of the objections of the officials
 Congressman Rainey, in cross-ex- animation brought out the fact that Mrs. Whit did not know who carried box on election day. failing to re- member that MT. Kennemer won at this station.
 Following this testimony regarding the refusal of the officials to allow the watcher to mark a ballot. Con- gressman Rainey introduced section 1s3 of the Alabama code, which states under what conditions a ballot can be marked. It is illegal under this~sec- ton of the code for watcher to mark a ballot.
 The hearings are held in the grand sury room of the Etowah county court rouse and J. S. Franklin is the com missioner for the Kennemer interests and Mir. Kenemer is represented by Thomas Stephens and C. R. Robinson
 Congressman Rainey is in the city and looking after his own interests as- sisted by Judge Herzberg of the pro bate court and former state committee chairman
 Those who were summoned to ap- pear at the hearings in this county are as follows: Louis Domico, E. D. Aber- nathy T. J. Beck. Price Railey, Mrs. Emma Riley. Mrs. Nellie Whit, Ala bama City Miss Luci,e Barnes. Hokes Bluff; Rev. T. N. Crumpton, Walnut Grove; c. w. Adams, Rock Springs; w. s: Powell, W. Y. Hopkins J. B. Sheffield, Lute Silvey, P. H. Gilbert. J. w. Dismukes, Gadsden; Miss Minnie Daughdriil, Alabama City; Roof Aver son, Keener; Lawrence Gilbert, Jessie Howard. Adeline Johnson, Attalla Charles Mooney, T. L. Dickerson, Gads- den, Route 1; Mrs. James Collins. Al toona' Mrs. Ethel Bynum, Walnut Grove; Mrs. Bige Battles, Miss Harris Gadsden; Mrs. Lamar Smith Mrs. lon Rhea, Mrs. Emma Cox, Attalla: Mrs N. A. Grant. East Gadsden. T. W. Roos J. J. Pullen, Boaz