Evening star., 1945-09-09
Collins Moves
Primary Probe
To Richmond
Attorneys Suddenly
Halt Investigations
In Wise County
BY the Associated Press.

4y the ASSOCIATED PreSs.
WISE, Va, Sept. 8.-Attempts by
L. Preston Collins of Smyth to
prove that the recent Democratic
primary election for lieutenant gov
ernor in Wise County was "iriregu-
lar and invalid" will be continued
in Richmond next week.
Counsel for Mr.. Collins, defeated
for the lieutenant governor nomi-
nation by 1t. Col. Charles R. Fen
wick of Arlington by a 572-vote
margin, suddenly announced, after
spending two days here taking tes-
timony from Wise County officials
and others, they would continue
taking dispositions in the Offices Of
Stuart Christian, one of Mr.. Col
Inns attorneys, in Richmond, on
Thursday.
No further official steps in the
Investigation of the Wise election
are planned in this section until
September "a, date tentatively set
by Judge George Morton for grand
jury investigation of alleged ilregu-
larities in the August 7 primary and
the reported theft of all but one of
the poll books Official Wise County
returns gave Mr.. Fenwick 1907 votes
to 122 for Mr.. Collins and 164 for
State Senator Leonard G. Muse of
Roanoke.
Darden Confirms Probe.
Gov. Darden, in Richmond today,
confirmed today he has had State
Police plainclothesmen in Wise
County for at least two weeks in
vestigating the alleged irregularities.
Gov. Darden said the evidence
gathered will be available wherever
it is needed The fact that State
Police have been on the scene here
was disclosed yesterday by Clerk
j. A. Gardner of Wise, in giving a
deposition in the contest case.
Meanwhile, investigations are
continuing in counties mentioned
by Mr.. Fenwick in a counter-charge,
where the voting went lopsidedly in
favor of Mr.. Collins over Mr.. Fer
wick.
The grand jury investigating al
legged irregularities in AppomattoX
County plans to reconvene Monday
in executive session and prepare a
report on its findings.
A grand jury investigation in
Prince Edward County, where Mr..
Fenwick has alleged irregularities in
the voting, has been set for Septem-
ber 18. No date has yet been fixed
for a possible probe of claimed ir-
regularities in Cumberland County,
a third of the four counties men
toned by Mr.. Fenwick. In the
fourth, Lunenberg, Mr. .Fenwick said
yesterday he does not plan to press
for grand jury investigation
pointing out that he has never
charged fraud was practiced there
Hearing Is Adjourned.
Hearing for the taking of depo-
sitions, which began here Friday,
was adjourned late today after
much discussion back and forth be-
tween counsel for Mr.. Fenwick and
for Mr.. Collins.
The motion for a transfer of the
taking of testimony to Richmond
was made by Emory Widener of
counsel for Mr.. Collins, who said:
Now the whole burden is thrown
back on Col Fenwick, and it is our
belief that no returns from Wise
County can be properly counted in
this primary" Mr.. Collins counsel
has examined in. the past two days
only about Is of 72 witnesses called.
Opposing counsel Immediately
listed the names of about 60 wit
nesses summoned but not called, in-
Guiding Charles I. Fuller, w. B. Lay
and Aileen Henley, deputy clerks
and members of the board of can
vassers. The lawyers then agreed
to proceed with the taking of testi-
mony for another hour, calling only
one witness, j. M. McLemore.
Mr.. McLemore detailed the man
ner in which the votes from the
26 Wise County precincts were abb
stracted late on the evening of Au-
gust for returns to be sent to the
Z Secretary of the Commonwealth.
The witness said the figures from
the various precincts were called
out by Mr.. Lay with Miss Mabel
Kilgore, member of the board, look
ing on while Mr.. McLemore wrote
the figures down on the tally sheet,
with E. M. Gilly looking on. The
witness said all precincts were writ
ten out, totals made, and Mr.. Lay
directed that the sheet be forward
ed to the Secretary of the Com
monwealth.
Fenwick Lists Primary Cost