Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-07-22
Court'RuIing
On Mahoney
Plea Awaited
Voter Dutu Decision
VituI as z Recounts
Favor Dr.. Byrd
BY The Associated Press

Gay IN e1OTGS TO Wr6SC Tic 0eLuO.
cratic nomination for Governor
Of Maryland from DR.. H. G. Byrd.
That trump was the courts,
and 1t wasn't a high one.
His best suit, recounts in
Queen Annes and Talbot Coun-
ties which he lost by narrow
margins to DR.. Byrd in the orig
inal tally. appeared void.
Both recountS were expected
to be completed by mid-after-
noon.
In Talbot. Dr.. Byrd had a lead
last night of So votes-only two
under his original margin.
In Queen Annes, the ex-presi-
dent Of the University Of Mary
land was down to IS from So. But
unless Mr.. Mahoney's. attorneys
could pull a trick out Of their
sleeve-have an entire ballot box
thrown out or some similar ac-
tion-Mr. Mahoney wasn't likely
to pick up Is more in the few
remaining ballots.
Court Ruling Awaited.
And so the spotlight switches
to Judge Joseph L. Carter Of
Baltimore's Superior Court.
Judge Carter was expected to
announce his decision today on
a Mahoney petition to compel
the Board of Election Super
visors to make voter authorize.
ton cards and registration lists
in Baltimore's 4th district avail
able to Mahoney lawyers.
If they get hold of the cards,
they will try to CLEAN from them
evidence of fraudulent voting
and have the results of one. en-
tire precinct, possible others.
thrown out.
The Fourth-the district Of
Democratic Leader James H.
Pollock, who supported DR.. Byrd
lis the only one in the city
which DR.. Byrd carried.
And if the Fourth's seven vital
convention votes were to switch
from DR.. Byrd to Mr.. Mahoney,
so would the nomination.
Charges Fraud.
Mr.. Mahoney already has lev
eled a fraud charge in Queen
Annes County. His watchdog at
the recount, Attorney Lyman
FRESHMAN of Baltimore, has
charged that vote-buying was
widespread.
| He says he has affidavits from
voters to prove it and has de-
manded an investigation. But
Mr.. FRESHMAN doesn't want
States Attorney Clayton c.
Carter to do the investigator.
Mr.. Carter was a candidate on
the Byrd ticket.
Wednesday, the Mahoney at
torney asked Attorney General
Edward D. E. Rollins and Gov.
McKeldin to intercede. He said,
1.-THE evidence is not being in
vestigated while the vote-buyers
are given time to advise people
not to talk"
But Mr.. Rollins answered that
under the Maryland Constitu-
ton he has no power to inter-
fere with States attorneys. He
said Mr.. FRESHMAN should go to
court and ask for a special pros
ecutor.
Mr.. Carter, meanwhile. said
he was investigating the case
and would decide today what his
role would be. He said he has
meeting planned with a voter
who signed an affidavit saying
he was paid SIS to vote for Mr..
Byrd.
Clash at Recount.
Tempers, rubbed raw by two
weeks of recounting. let go yes
terday in Queen Annes.
AS the Board of Election SUI
pervisors began counting ballots
in the 9Th district late in the
afternoon, Mr.. FRESHMAN re-
quested that election judges be
called in for questioning. He
said they hadn't been sworn IN
on election day until late after
noon and that one Of them
wasn't even a resident Of the
district.
Mr.. Pressman added, "a large
number of votes in this box are
not qualified votes. and adding
all things together, this election
is not legal in Queen Annes
County"
DR.. Byrd's attorney. former
Attorney General William c.
Walsh, shot back that Mr.. Press
man "was just seeking publicity
and the election in this county
was no bigger fraud than he"
Mr.. FRESHMAN pounded the
table and shouted, I'VE want our
rightS!"
Raymon Coursey, president Of
the board. also pounded the
table, refusing Mr.. Pressman's
request. He said election officials
from the district already had
been questioned and their quail
fications approved.
table, Mr.. Pressman's request.
He said election officials from
the district already had been
questioned and their qualifica-
tons approved.
Mahoney Sits In.
A short while later, Mr.. Ma
honey stepped near the recount
ing table in the courtroom and
asked to be heard.
shut up" said Mr.. Coursey.
"and get on the other side of the
rail or we will call the sheriff
and have you put out Of the
courtroom"
Mr.. FRESHMAN jumped up and
told the board that any candi-
date has a right to sit in on q
recount. With that. Mr.. Ma
honey sat down beside Mr.. Press.
man at the recounting table.
A few minutes later, he told