Evening star., 1945-09-01
Many Collins Votes
Were Cast illegally,
Fenwick Charges
2, the Associated Press.

RICHMOND, Va, Sept. l.-Charles
r. Fenwick, Democratic nominee for
Lieutenant Governor, contends that
ballots which were not legally cast
were counted in four counties to the
advantage of II Preston Collins, in
q reply and counter-claim filed to|
Mr.. Collins petition that he be de-
clared the nominee because of
alleged election irregularities in
Wise County. The action was filed
here yesterday.
Mr.. Fenwick, who led Mr.. Collins
by 572 votes in the official returns :,
asserted that MIR. Collins was
credited with votes not legally cast
IN Lunenburg, Appromattox, Cum
berland and Prince Edward Counties.
The reply and counter-claim was
filed in the Office of the clerk of
the Circuit Court of the City of
Richmond at 6:o7 pm, although the
ONCE usually Is closed at S pm.
Clerk j. Wilbur Griggs kept the
ONCE open, he said, at the request
OF George E. Allen, one of Mr..
Fenwick's attorneys, because Judge
Julien Gum had stated that yester-
day was the last date on which Mr..
Fenwick could reply to MIR. Collins
petition.
Cites Official Returns.
The Fenwick reply said the official
returns from Appomattox County
showed the following results in the
August z primary for Lieutenant
Governor: Collins, 1,510; Fenwick,
Is; Leonard G. Muse, 18.
Mr.. Fenwick claimed that not
that many votes were legally cast
In Appomattox.
The reply asserted that false
oficial returns from said primary
In said county include as many as
400 illegal votes"
In Campbell County, where Mr..
Fenwick was credited with 16 votes
and Mr.. Collins 422 votes in official
returns, Mr. Fenwick claimed that
fewer than 300 votes were cast legal
ly and that Mr.. Collins received
fewer than 200 votes.
In Lunenburg, where Mr.. Collins
received 1859 and Mr.. Fenwick 119
votes in official returns, Mr.. Fen
wick said the true facts" were that
fewer than 1000 legal votes we're
actually cast and that Mr.. Collins
received approximately 750 votes.
In Prince Edward the official re-
turns showed 839 for Mr.. Collins
and liz for Mr. Fenwick, but the
reply filed by Mr.. Fenwick claimed
that fewer than 750 votes were
legally cast in the county.
Claims Nomination Official.
In the reply Mr. Fenwick declared
he was nominated in the primary
and asked Judge Gum to sign an
order to that effect.
Replying to Mr.. Collins petition
to have the court declare the Wise
County returns fraudulent and to
dsclare Mr.. Collins nominated, Mr..
Fenwiek said the Collins petition
failed to allege facts in connection
with its claims within the purview
of the statute for such cases made
and provided"
TT nowhere appears upon the face
Of said complaint that the result of
said election will be changed by
competent proof or admissible ,ev-
fdence under the allegations of the
complaint, as to overcome the
plurality of the contestee who has
been declared duly nominated, or to
show that it is impossible to obtain
the true result of said election" the
Fenwick reply stated
Further, said Mr.. Fenwick "the
complaint fails to set forth a list
Of votes alleged to have been i'm
properly received, with objections to
each, and it fails to set forth list
of votes alleged to be improperly
rejected as required by the statute
for such cases made and provided"
Asks for "Strict Proof"
Mr.. Fenwick demanded that Mr..
Collins provide strict proof" of
statements contained in the Collins
petition charging that fraud was
practiced in Wise County, where Mr..
Fenwick was credited with 1907
votes and Collins 122 in the of1icial
returns.
Meanwhile, Collins attorneys asked
Judge Gum for an early decision
; on Mr.. Fenwick's motion to quash
the Collins petition contesting the
election. The motion was argued
Thursday and taken under advise
ment by the judge.
II Judge Gum grants the motion
to quash the contest, attorneys for
MFR. Collins have said they will seek
an injunction to keep the name Of
Mr.. Fenwick from appearing on the
ballot. If Judge Gum does not
grant the motion, this will pave the
way for taking of evidence and
hearing witnesses.