The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1936-12-12
DEMURRER is FILED SEEKING
DISMISSAL OF PETITION FOR
DERMID'S REMOVAL FROM POST
Whitmire, Acting as Coun.
ell for Dermid Would Of.
fer Evidence if Demurrer
is Oyerruled

II. l.. Whitmire. counsel for l..
T. Dermid, chairman of the Hen
derson county board of elections.
yesterday filed a demurrer to
charges that Mr.. Dermid allowed
Irregularities in the November 3
election. and asked that the peti-
ton of Richard Albritton and c.
II. Roberts. which asked the re-
moval of Dermid, be dismissed.
If the demurrer is overruled by
the state board. Mr.. Whitmire ask.
ed that a time and place be fixed
when he would be allowed to in
troduce evidence for Mr.. Dermid.
The demurrer was addressed to
Major L. p. McLendon. as chair
man of the state board of cleo
tons. The text was as follows:
at will be recalled that the Pc
titioners in this cause were per-
mitted by the state board to eX-
anime all absentees voted in the
county for the sole purpose of dis
covering any Irregularities attri-
hutable to Mr.. Dermid. 1t is n
matter within my own personal
knowledge that the petitioners
grossly abused their privilege by
making copies of every certificate
and every ballot even to the eX-
tent Of the way the ballot was
marked. 1t is needless to point
out that many absentee voters OF
this county became highly indig,
nant because of this wholesale and
ruthless invasion Of their right to
vote a secret ballot.
"Thcse affadivits have been laid
before you and the other members
of the board and it is useless for
me to point out their contents. 1t
seems clear, however, that nothing
contained in any of these affi-
davits shows or tends to show any
violation Of law or breach of duty
on the part of Mr.. Dermid. 1t
should be borne in mind that. UNI
der the law as now written. it is
very simple and easy matter to
legally procure absentee ballots
from their legal custodian. 1t
should also be kept in mind that
there were 20 registrars i'll the
county having ballots, affidavits,
and certificates, in their charge
for considerable time before the
election for the purpose of supply
ing ballots to the sick and absent
electors of their precincts. In spite
of these things, however, the pc
titioners, having inspected over
1900 absentee ballots voted in
Henderson county, and having had
approximately two weeks in which
TO make this investigation, have
finally come forward with affi-
davits tending to show no more
than half-dozen prima facie illegal
votes out of approximately 1900.
This fact alone, to my mind, es-
tablishes beyond doubt the integr-
ity of the election officials of this
county.
"As the petitioners were given
clearly to understand, on the No.
vember "a hearing, that permis-
sion was being granted to inspect
the ballots for the sole and only
purpose of discovering evidence
tending to show corruption, bad
faith and law violations on the
part of l.. T. Dermid, and since
the affidayits now filed show
nothing more than a few scattered
and isolated cases of trivial ir-
Irregularities on the part Of jealous
party workers, and fail entirely to
connect Mr.. Dermid with any of
these inconsequential Irregular
ties, as attorney for Mr.. Dermid,
/ wish to ask that this letter be
treated in the nature of a demur-
rer to all evidence and that the
charges against Mr.. Dermid be dis
missed"