Evening star., 1945-09-14
Collins Attorneys Say
Wise Ballots Were
Not Handled Properly


RICHMOND, Va, Sept. 14.-At-
torneys for L. Preston Collins, whose
suit contesting the Democratic
nomination of Charles R. Fenwick
for Lieutenant Governor opened
in Richmond Circuit Court yester-
day, asserted to Judge Julien Gum
that ballots cast in the Wise County
election appeared not to have beer
strung or folded as required by Law
for return to the clerks office.
The ballots from Wise County
where Mr.. Collins has charged there
were Irregularities in the August
primary election and where the
voting was heavily in favor of Mr.
Fenwick, were examined by the
judge at length.
During the examination, it was
stated that in only three precincts
of the 26 which voted did the bal
lots show evidence of ever having
been folded, and only in those same
three precincts were the ballots
strung, as is required.
Ballots Examined by Judge.
j. A. Gardner. clerk of the Wise
County Court, brought the ballots
into court where Judge Gum, with
the aid Of counsel of both sides, ex-
anined them as to their physical
condition and the physical condition
Of the containers in which they were
returned to the clerk following the
election.
1t was pointed out during the ex-
animation that Pound precinct
(which Mr.. Collins contends votec
only 10l persons, although officia,
returns showed 418 for Mr.. Fenwick
and IL for Mr.. Collins received only
400 blank ballots for the primary
according to notation on the en-
velopes. z
After examination, Judge Gum
ordered that the ballots which Mr..
Gardner brought to Richmond to
be turned over to j. Wilson Griggs
clerk of the Circuit Court, in order
that they might be available here
for further examination by counsel
for both sides.
Attorney General Appears.
During yesterdays hearing, Attor-
ney General A. p. Staples appeared
in court stating that he was there
on request of John Roberts, Com
monwealth's attorney of Wise Coun-
ty, to observe anything that might
be helpful in the forthcoming grand
jury investigation of the reported
theft of the county poll books.
Mr.. Staples said he would go to
Wise County when the grand jury
meets September "a to assist Mr..
Roberts with the investigation. The
attorney generals services were
proffered some time ago by the
From Norton it was announced
that a grand jury had been selected
for the September "a session. At
the same time Commonwealth at
torney announced he would welcome
Information from any one knowing
anything to his personal knowledge
about any law violations in the Au-
gust election.
Other Inquiries Scheduled.
Two out of four counties charged
in Fenwick's countercontest with
having had irregularities in the
vote also have scheduled investiga-
tions, Prince Edward for Septem-
Der 10, and Cumberland for the
18th. Appomattox already has had
grand jury meeting to investi-
gate the vote.
The Democratic State Central
Committee, scheduled to meet here
%, also may take action
with reference to charges and coun-
tercharges of fraud and irregulari-
ties in the recent primary election
Horace II. Edwards, chairman OF
the committee; said the matter OF
primary Irregularities undoubtedly
would be one of the topics high on
the agenda for the meeting, but de-
clined to predict what action Isl
likely to be taken. The primary
purpose of the meeting, the chair
man said, is to map plans for the
election.