Proceedings in the contests filed by S.J. Tribble and W.M. Howard of vote of Elbert County in the Congressional Primary Election of August 23rd, 1910 : the sworn evidence and judgment of the District Congressional Democratic Committee, declaring W.M. Howard entitled to the four votes of Elbert County in the District Nominating Convention

Ga
F291
D4 _)1
PROCEEDINGS
In the Contests Filed by S. J. Tribble and W. M. Howard of Vote of Elbert County in the Congressional Primary Election of
August 23rd, 1910.
The Sworn Evidence
And Judgment of the District Congressional Dem ocratic Committee, Declaring W. M, Howard En titled to the Four Votes of Elbert County hi the
District Nominating Convention.
THE
^^ Athens, Georgia

NOTIC" OP CONTEST BY S. J. TRIABLE, FILED AUGUST 24, 1910, AT 11:20 A. M.
Georgia, Elbert County. To the Executive Committee of .the
Democratic Party in said County and State:
You are hereby notified that S. J. Tribble, of the County of Clarke, said State, Candidate for Congress from the Eighth District of said State, hereby gives notice that it is his in tention to contest the election held in Elbert County.
That the ground of said contention is that illegal votes were cast in said Election in Elberton and other pre cincts. That votes were cast by non residents of this State and that other votes were cast by non-residents of the County of Elbert.
That there appeared on the Regis tration lists of said county, the names of voters not entitled under law and rules to register in said county.
All of which the said S. J. Tribble alleges as illegal and which he fur ther alleges will change the final re sult of the primary in the said coun ty of Elbert.
Wherefore the said S. J. Tribble gives this notice in conformity and in the time allowed by law for filing contests.
This August 24th, 1910,
(Signed) S. J. TRIBBLE.

the Eighth Congressional District at the primary election held on August 23rd, 1910 in this County, desired to contest the result of said election.
Contestants sets forth that upon a legal consolidation of the votes of said county that he is entitled to have the results in said county, declar ed in his favor and that he is entitled to have the executive committee to appoint delegates to the nominating Convention who are favorable to his nomination.
The grounds of said contest that contestants relies unon are as fol lows:
1. Neither the managers nor the Clerks in the 201 district (Goshen) of said County was sworn to dis charge their duties according to law. The managers were not sworn and did not take the oath required by law in the primary election. The Clerks were not sworn and did not take the oath required by law for Clerks of said election. The mana gers allowed the unsworn Clerks to participate in said election.
2. Neither tlie managers nor the Clerks of the election in the 191st district of said county, commonly known as Eiiam district were sworn according to law. The managers did not take the oath required by law. The Clerks did not take the oath required by law. The managers allowed the unsworn Clerks to par ticipate in election.

NOTICE OF CONTEST BY W. M. HOWARD, FILED AUGUST 24, 191O, at 11:55 A. M.
t
Georgia, Elbert Count3*.
To the Chairman of the Executive Committee of the Democratic Party of the County of Elbort, in said State.
You are hereby notified that the undersigned William M. Howard of the County of Oglethorpe, Candidate for Representative in Congress from

3. Neither the managers nor the clerks of the election of the 199th district of the said county known as (Gaines) district, were sworn accord ing to law. The managers did not take the oath reouh 3d by law. The Clerks did not take that oath requir ed by law. The managers allowes the unsworn clerks to participate in the holding of said election. Neither the managers nor the clerks of the 315th district comi

iUf iU\i^Drh^* X QilLf-^^ /
>\\ ^ * -_ .^ Xy^^

Centerville district, were sworn ac* in Primary Election of Democratic

cording to law. The Managers did Party for Member*of Congress for

not take the oath required by law. Eighth Congressional District, held

The clerks did not take the oath re on August 23, 1910. Pending before

quired by law. The managers al the Democratic Executive Committee

lowed the unsworn clerks to partici of said District.

pate in the holding of the election.

And now comes, W. M. Howard,

4. In the foregoing and other dis the contestant in the above contest

tricts in said county numerous ille and by leave of the Committee here

gal votes were cast and persons were tofore granted amends his grounds

allowed to vote who were not entitled of contest by alleging as follows:

to register and vote under the laws

1. There was three illegal votes

of the State.

cast in said primary election in the

Wherefore contestants says for the 190th District of said County, known

reasons above stated that the vote as Longstreet District to-wit:

at the precincts named was illegal

A. Q. Moss, T. P. Jones, and W. X.

and should be thrown out and not .Tohnson. counted, and when this is done the The said votes were illegal for the result of the election would be in reason that the names of said per

favor of the contestant. Contestant prays that this contest
may be filed and the executive com mittee may take such action to be allowed by law to be heard on the grounds of contest set forth.
This August 24th, 1910. W. M. HOWARD, '

sons did not appear on the registra tion list of the county for said dis trict as required by law.
2. There were three illegal votes cast in said primary election in the 191st district of said county, known as Eliam district, to-wit:
T. S. Davis, W. M. Thornton and

By his attorneys at law: Andrew J. Cobb, P. P. Proffit, T. J. Shackelford, Geo. C. Grogan.
Both of the above notices of con test were duly certified by the Chairman of the Democratic Execu tive Committee of Elbert County on

C. D. Craw ford. The said votes were illegal for the
reason that the name of said persons did not appear on the registration list of the county, as required by law.
3. There were two illegal votes cast in said primary election in the 197th district of said county, known as Pike district, to-wit:

August 24th, 1910, and transmitted T. H. Bryant and F. H. Ayers.

to the Chairman of the Democratic Executive Committee of the Eighth Congressional District of Georgia.

The said votes were illegal for the reason that the names of said per sons did not appear on the registra

tion list of said county, as required

AMENDMENT TO NOTICE OF COXTEST BYr W. M. HOWARD, FILED SEPTEMBER 1O, 1910.

by law. 4. There were five illegal votes
cast in said primary election in the 199th district of said county, known

W. M. Howard, Contestant, vs.
S. J. Tribble, Contestee.

as Gaines district, to-wit: E. H. Conwell, V. D. Mullinix, F.
M. Crawford, W. R. Terrell and J. M.

Contest of vote of Elbert county, Hill, Jr.

The said votes were illegal for the reason that the names of said per sons did not appear on the registra tion list of said county as required by law.
5. There were four illegal votes cast in said primary election in the 201st district of said county, known as Goshen district, to-wit:
J. J. Moon, Albert G. Brown, W. H. Ray and J. P. Busby.
The said votes were illegal for the reason that the names of said per sons did not appear on the registra tion list of said County, as required by law.
6. There were two illegal votes cast in said primary election in the 192nd district of said county, known as Petersburg district, to-wit:
E. G. Higginbotham. A. V. Johnsou.
The vote of said E. G. Higgin botham was illegal for the reason that said Higginbotham did not re side in the district in which he was registered and in which he voted.
The vote of said A. V. Johnson was illegal for the reason that his name did not appear upon the regis tration list of said county, as required by law.
7. Contestant alleges that six teen of said illegal votes were cast for the contestee, S. J. Tribble and that three of said illegal votes were cast for contestant.
Contestant further alleges that in the face of the returns of said pri mary election in said county con testant, W. M. Howard received 920 votes and contestee, S. J. Tribble re ceived 924 votes; and when the ille gal votes above referred to are elim inated that the final result of elec tion would show 917 votes for W. M. Howard, the contestant, and 908 votes for S. J. Tribble, the contestee.
8. Contestant alleges that he has received a majority of nine of the legal votes cast in said county in

said primary election.



Wherefore, contestant prays, that

this Committee declare that. ke is

entitled to the vote of Elbert county

in the convention to be called t*

nominate a member of Congress fbr

said district, and that the Chairman

of the Democratic Executive Com

mittee of Elbert county be instruct

ed by this Committee to appoint as

delegates from Elbert county per

sons who are favorable to the nomi

nation of contestsant.

This September 10, 1910.

W. M. HOWARD,

By his attorneys at law:

E. H. Galloway,

P. P. Profit,

W. A. Slaton,

.

Geo. C. Grogan.

T. J. Shackelford,

Andrew J. Cobb.

RULES OP STATE DEMOCRATIC EXECUTIVE COMMITTEE RELA TING TO CONTESTS IX CON GRESSIONAL DISTRICTS.
14 (a) Should any candidate de sire to contest the result in any county he shall file with the chair man of the county Democratic execu tive committee, his notice of contest, and the grounds thereof, by 12 o'clock m., of August S4, 191O.
"14 (a) Should the same relate to congressman, the chairman of the county Democratic executive com mittee shall certify and transmit the same to the chairman of the congres sional Democratic executive commit tee of the district in which said county is located, who shall lay the same before the said congressional executive .committee, .to be heard and determined by it, as expeditiously as possible/*

1

A.

LAWS OF GEORGIA REGULATING PRIMARY ELECTIONS.
Every political primary election held by any political party, organiza tion or association, for the purpose of choosing or selecting candidates for office, or the election of delegates to conventions in this State, shall be presided over and conducted in the manner and form prescribed by the rules of the political party, organiza tion or association holding such pri mary elections, by managers selected in the manner prescribed by such rules. Code of Georgia, Section 113.
"Every such primary election shall be held at the time and place, and under the regulations proscribed by the rules of the party, organization or association holding the same. Georgia Laws, 1900, page 41.

said shall be kept unopened and under seal, until the next meeting of the Grand Jury, to which, the Grand Jury, one registration list, one list of voters and the checked registrar tion list, above mentioned shall be exhibited, and if no action is taken thereon by the Grand Jury and no contest has been filed within the time prescribed by the authorities of said party, then all of said election papers shall be destroy ed. Georgia Laws, 1908, pages 56
and 57. The person or persons authorized
by the rules of the party organization or association to hold such primary election, shall provide an official bal lot whereon shall be printed all the names of the candidates for the var ious offices hereinbefore named; and the said party authorities shall in all

Xo manager of any such primary matters not provided for in this Act

election shall receive the ballot of or by statute, formulate rules and

any elector until he has first ascer regulations for holding said primary

tained'that the name of such elector election, and for making returns

does appear upon the registration list thereof to the proper party authori

furnished for such election by the ties. Georgia Laws, 1908, pages 56

registrars, or filed by them in the and 57.

office of the clerk of the superior

AVlien a contest is filed on the

court of the county in which the pri ground of illegal votes, any of which

mary election is held, and upon the it is claimed on affidavit can prob

receipt of such ballot the name of the ably be proven by resort to the bal

elector voting shall be checked or lots, specifying what ballots, it is the

marked on said list. Georgia Laws duty of the clerk of the Superior

1908, page 56.

Court to deliver the same, together

The returns of the managers with with all papers connected with said

the tally sheets, lists of voters and primary election, to the person or

ballots, together with all papers con persons who presides at the taking

nected with said election shall be of the testimony in such contested

filed in the office of the clerk of the election upon demand, who -shall ex

Superior Court of the county in amine said suspected bnllots and

which said election is held, within none other, and any clerk of the four days after the final declaration Superior Court, who by law is en

of the result thereof. One of the trusted with the ballots of any pri

lists of the voters and one of the mary election, shall fail or refuse to

registration lists with names of those deliver up such ballots when the

checked, or marked as voters shall same are demanded of him in ac

be exhibited by said clerk to any one cordance with this act, shall be pun desiring to inspect same, but the ished as for a misdemeanor, and if

other documents deposited as afore the person or persons to whom said

ballots are entrusted shall violate the provisions of this section, shall like wise be guilty of a misdemeanor. Georgia Laws, 1900, page 41.
AGREEMENT OF ATTORNEYS OF S. J. TR1BBLE AND ABD AS TO TAKING IN EkBEflTON AS SHOWS MINUTES OF DISTRICT EJpECUTIVE COMMITTEE OF 4UGUST 27TJI, 1O1O.
After Chairman Gordon had stated tfie object of the meeting, Mr. Colley of Wilkes, moved that the committee ask the attorneys representing Messrs. Howard and Tribble to con fer in order to see if they could not agree on a committee to take the necessary evidence in Elbert county and report back to a subsequent meeting of the executive committee. This motion was carried and the at torneys withdrew for consultation.
The result of the conference was reported to the committee in the shape of the following resolution:
"Whereas, S. J. Tribble, candidate for congress from the Eighth district of Georgia in the primary election held on August 23, 1910, and Wil liam Howard, candidate for congress in said district in said primary, each filed with the chairman of the county democratic executive committee of Elbert county his notice of contest, and the grounds thereof before 12 o'clock m., of August 24, 1910, and,
Whereas, the chairman of said county Democratic executive commit tee has certified and transmitted to the chairman of this committee said notices of contest, therefore,
Be it resolved by this, the congres sional Democratic executive commit tee of the Eighth district of Georgia:
1. That the evidence necessary to decide said contest shall be taken by a commission composed of two mem bers, one selected by said S. J. Trib

ble and the other by said W. M. Howard. Said commission may be appointed by the parties above nam ed at any time before the evidence is to be taken, and if any person se lected as % commissioner shall fail or decline to act, another commis sioner may be appointed.
2. The. commission so appointed shall begin the taking of the testi mony at Elberton, Ga., at 10 a. m., on Tuesday, August 3.Q, 1910, or as soon thereafter as practicable, and continue from day to day until all evidence offered by either party shall have been taken.
3.. -If any abjection is made to any testimony, the testimony shall be taken down and the objection noted, but the commission shall not pass on any question of admissibility.
4. The evidence shall be taken down by a stenographer agreed on by the parties or selected by the commissioners if the parties fail to agree. The commisioners shall cause the evidence so taken* down to be written put and shall certify the same and transmit the same to the chairman of this committee as soon as practicable.
5. The commissioners shall have taken down all evidence offered by either party in any way relating to the election "in Elbert county and each precinct in said county.
6. That this committee adjourn to meet again at the city hall in Ath ens, Ga., on Saturday, September 3rd, at ten o'clock, a. m.
7. When this committee meets to finally decide the contest, either par ty shall be allowed to amend his grounds of contest in such a way as he may be advised to conform to the evidence as taken and issues involv
ed.
8. That all evidence both docu mentary and otherwise taken by the commission be transmitted to the

chairman of this committee, who shall lay the same before this com mittee.
These resolutions were then adopt ed unanimously by the committee.
It was decided that the congres sional convention to nominate a can didate for congress be indefinitely postponed until the contest shall have been passed on by the commit tee. At the meeting of the commit tee next Saturday the date for the convention may be fixed."
APPOINTMENT BY \\. M. HOW ARD OF COMMISSIONER UNDER AGREEMENT OF AUG. 27, 191O, AND REFUSAL, OF 3. J. TRIBBLE TO APPOINT COMMISSIONER.
Elberton, Ga., Aug. 30, 1910. Mr. McAlpin Arnold,
Elberton, Ga. Dear Sir: In pursuance of the authority granted me by the resolu tion passed by the Democratic Ex ecutive Committee of the Eighth Congressional District on Saturday, the 27th of August, 1910, at Athens, y Ga., for the purpose of authorizing the taking of testimony in the pend ing contest, filed with said commit tee by Mr. Samuel J. Tribble and also one filed by myself. Each, as candidates for the nomination for the Sixty-second Congress, I hereby select and appoint you to act as one of said two Commissioners to take testimony in accordance with the terms of said resolution. If you ac cept this appointment I request that you notify Mr. S. J. Tribble of the fact and of your readiness to perform the duties of a Commissioner and that you are ready to meet with such Commissioner as he may appoint iinder the same authorizing and to agree with him upon the time and place in Elberton the day to take testimony.
Very truly yours,
W. M. HOWARD.

Elberton, Ga., Aug. 30, 1910. Hon. S. J. Tribble,
Elberton, Ga. Dear Sir: At the request of Hon. William M. Howard I have accepted appointment by him as one of the Commissioners to take testimony in the pending contest In Elbert county covering the contest filed by your self and by him. I write to advise you of my ac ceptance and that I am ready to be gin the duties imposed upon me and to join with the Commissioner whom you may select for the same purpose. Please advise me of your action in this matter so that I may take steps to meet and co-operate with your Commissioner.
Respectfully,
McALPIN ARNOLD.
. Elberton, Ga., August 30, 1910. Hon. McAlpin Arnold,
Elberton, Ga. Dear Sir: For reasons entirely satisfactory to myself. I decline to appoint a Commissioner as indicated in your letter to me of this date. At the proper time I shall give my reasons for thus acting, and I trust they will meet the approval of fair minded people.
Respectfully, S. J. TRIABLE.
Elberton, Ga., Aug. 30, 1910. Hon. John E. Gordon, Chairman
Democratic Executive Committee Eighth Congressional District,
Danielsvjlle, Ga. Dear Sir: I received a letter this morning from Hon. W. M. Howard appointing me Commissioner to take testimony in the contests pending before your Committee as provided in- the resolutions passed by your Committee on August 27th, copy of which letter I herewith enclose to you.

Immediately upon receipt of this letter from Mr. Howard I addressed

*and for this reason, the -evidence could not be taken under said resolu

a letter to Hon. S. J. Tribble inform tion :

ing him of my appointment as a Commissioner and requesting him to name a Commissioner to act with me in taking testimony under said resolutions, copy of which letter I herewith enclose.
Mr. Tribble replied declining to appoint a Commissioner as you will see from copy of his letter to me herewith enclosed.
I am sending you full copies of the correspondence in order that you may be advised of the present status of the matter.
Very truly yours,
McALPIN ARNOLD.

And whereas, said S. J. Tribble has withdrawn his contest which was pending before the committee.
Therefore, be it resolved, by the Democratic Executive Committee of the Eiighth Congressional District of Georgia:
1. That the evidence necessary to decide said contests shall be taken by a commission composed of the fol lowing named persons:
McAlpin Arnold, R. L. Cauthen, Dr. A. S. J. Stovall, and M. E. Max well.
If any of the persons herein nam ed on the commission to take the evi

RESOLUTION OF DISTRICT COMMITTEE APPOINTING FOUR COMMISSIONERS TO TAKE TES

dence shall decline to act, or fail to appear at the time and place liereinafter provided for the taking of said

TIMONY IN ELBERTON.

evidence, the evidence shall be taken

Whereas, S. J. Tribble, candidate for Congress from the Eighth Con gressional District of Georgia, in the primary election held on August 23d, 1910. and William M. Howard, can didate for Congress in said District in said primary, each filed with the chairman of the Democratic Execu tive Committee of Elbert County his notice of contest and the grounds thereof before 12 o'clock m., of Aug
ust 24th, 1910:
And whereas, the chairman of said

by the remaining members of said commission, provided that at least two of said persons shall be present and take part in the taking of said evidence. If any of said persons above named, or if such number as will reduce the commission to less than two shall fail or refuse to act, then the chairman of this committee shall appoint such number of com missioners as may be necessary to make said commission consist of at
least two members.

county Democratic executive commit

2. The commission herein provid

tee has certified and transmitted to ed to be appointed shall begin the

the chairman of this committee said taking of testimony relating to said

notice of contest,

contests at Elberton, Georgia, at ten

And whereas, this committee on o'clock on Thursday, September 8th,

August 27th, 1910, did by resolu 1910, or as soon thereafter as practi

tion provide for the taking of the cable and continue from day to day

evidence in said contest by a com to take evidenc offered until all evi

mission of two persons, one to be dence offered by either party shall

selected by said Tribble and the have been taken.

other by the said Howard;

3. When said commission shall be

And whereas, it appears that the organized and ready to begin the tak

said Tribble failed ajid refused to ap ing of testimony they shall select a

point a member of said committee, stenographer and have all of the tes-

timony ottered by either contestant *>r cbntestee taken down and written out by such stenographer. The com mission shall not pass on any ques tion of admissibility of testimony, but shall take down all evidence of fered by either party or his counsel,
and note any objections that may be made thereto.
4. If any documentary evidence is offered and the document or paper is of such character that it cannot be attached to the brief of evidence as an exhibit the commissioners shall cause to be included in the brief of evidence either a copy of such docu mentary evidence of a full abstract of such part of the same as may be material.
5. When the evidence so taken down shall have been written out as herein provided, the commisioners shall certify the same and attach to the same all documentary evidence of the character that can .be attached and transmit the same to the chair man of this comitttee, and this shall be done as soon as practicable after the evidence .is all taken down.
6. The commissioners shall have all evidence offered by either party or his counsel taken down by the stenographer which relates iu any way to the primary election in Elbert county and in eacli precinct thereof, which was held on August 23, 1810.
7. Before the commissioners shall begin the taking of testimony they shall cause the stenographer to note on the brief of evidence whether the contestant or contestoe appears in person, or by attorney, or both, and if the contestant or contestee appears by attorney the name of the attor ney so appearing in his behalf shall be noted in the brief of evidence.
8. Xo person shall be allowed to introduce evidence, examine or cross examine witnesses, except the con

testant or the contestee, or an attor
ney representing the one or the oth
er, whose name has been entered as
the representative of one or the oth
er in the brief of evidence, either at
the beginning of the taking of the
testimony or at some time during the
progress of the same.
When this committee shall meet to
finally decide, the contests, either
party shall be allowed to amend his grounds of contest in such way as he may be advised to conform to the evidence as taken and- certified by the commission and the issue arising out of the evidence so taken.
10. The contestant or contestee may appear before this committee at the final hearing either in person or by attorney, provided an appear ance is entered by the attorney with the secretary of this committee on or before the meeting of the committee when the final hearing is to take place.
The secretary shall enter upon the minutes of the committee the name of the attorneys entering their ap pearance and for whom they appear ed.
11. That this committee adjourn to meet again at the city hall in Athens, Ga., en the 10th day of Sep tember, 1910, at 12 o'clock, m., when the final hearing of said contest will be had, provided the evidence has been taken and certified by the chair man of the committee at that time.
12. Subpoenas for witnesses to testify before the commission herein provided for may be issued by any of the commissioners or by the chair man or any member of the county Democratic Executive Committee of Elbert county.
A mendments.
By unanimous vote the following two amendments were made to the original resolution passed, also unan imously by the committee:
1. "That two of the said commis sion shall be supporters of Hon. S. J. Tribble and the other two of the said commission shall be supporters of Hon. W. M. Howard."
2. "Be it resolved that the com missioners be authorized to procure all evidence, whether offered by. the contestant or the contestee, and to take and embody same in the brief of evidence."

10

RESOLUTIONS
Of the Eighth District Congressional Democratic Executive Committee Declaring W. M. Howard Entitled to the Foar Votes of Elbert Coun ty in the District Nominating Con vention.
The committee was called to order at half past one o'clock by Hon."John E. Gordon, the chairman, and the call of the roll of counties showed the following representation:
Hart A. G. McCurry. Elbert A. O. Harper, proxy for L. M. Heard. Madison B. T. fllosely. Oglethorpe C. M. Witcher. Clarke W. D. O'Farrell. Oconee R. F. Miller. Green J. G. Faust. Morgan W. T. Bacon, Roy Lam bert. Putnam F. S. BatcLeler, proxy for W. F. Jenkins. Jasper B. T. Malone. Wilkes F. H. Colley. Judge A. J. Cobh, representing Mr. Howard, filed an amendment to the contest, setting forth in detail the votes that had been challenged, giving the names of the voters and their precincts in Elbert county and the grounds on which they were chal lenged. Mr. Lambert, of Morgan, read a protest against the committee pro ceeding in the contest, which was later on filed by consent of the com mittee.

Mr. Lambert asked the question as to whether there was any law allow ing the contest to be amended, but this was soon settled when it was shown that there was ample law to allow this and also that it had been decided by the committee at the first meeting that this should be done and was incorporated in the resolutions that had been agreed to by two of air. Tribble's attorneys and two of Mr. Howard's attorneys.
Mr. Colley then offered the follow ing
Resolution:
Whereas, in the state democratic
*
primary election held in this state on August 23, 1910, W. M. Howard and S. J. Tribble were candidates for the democratic nomination for congresafrom the Eighth -congressional district of Georgia; and, whereas,
Prior to 12 o'clock M. on August the 24th, 1910, said S. J. Tribble filed with L. M. Heard, chairman of the county democratic executive commit-,
tee of Elbert county, notice of a con test by him stating the grounds there
of as to the vote of Elbert county, and Whereas, on the same date, August
24th, 1910, prior to 12 o'clock M., said W. M. Howard filed with said L. M. Heard, chairman of the county demo cratic executive committee of Elbert county, notice of a contest by him stating the grounds thereof, as to the vote of Elbert county; and, whereas
The rules of said primary election as adopted by the state democratic executive committee on the subject of contests are as follows:
"14 (a) Should any candidate de sire to contest the result in any coun

11

ty he shall file -with the chairman of . vided for the taking of testfmnoy in

the county democratic executive com* support of the contest filed by each

mittee, his notice of contest, and the of said candidates before a commis

grounds thereof, by 12 o'clock M., of sion to be composed of two parties,,

August 24th, 1910.

one to be named by said S. J. Tribble,.

(d) Should the same relate to con* and one to be named by said W. M.

gressman, the chairman of the county Howard, and fixed the time and place-

democratic executive committed to commence taking said testimony

hall certify and transmit the same to at Elberton, Georgia, on Thursday/

the chairman (of the congressional August 30th, 1910, at 10 o'clock A. M.;

democratic executive committee of and further provided that the taking,

the district in which said county la of testimony by said commission'

located, who shall lay the same be* should extend to and cover all the

fore the said congressional executive precincts and the entire vote of Elbert:

committee, to be heard and determin* county, and that each of said contest

ed by it, as expeditiously as possible.** ants should have the right to amend7

And whereas,

the grounds of their respective con

In compliance with said rule* of thd tests, to such extent as they might,

state democratic executive committee desire, after the testimony should be

governing said democratic primary, taken, and present such amendment,

said L. M. Heard, chairman of the to the congressional executive com

county democratic executive commit- mittee when it should meet to hear

tee, of Elbert county, immediately on and determine said contests, which*,

August 24th, 1910, certified and trans said resolutions so prepared were pre

mitted to Hon. John E. Gordon, of sented to and adopted by said con

Madison county, chairman of the dem gressional executive committee. And

ocratic executive committee of th* whereas,

Bighth congressional district, the said Thereafter on August. 30th, 1910,.

notice of contest filed by said S. J. said W* M. Howard in complianceTribble, and the said notice of contest with said resolutions, prior to 10

filed by said W. M. Howard, who im o'clock A. M., at Elberton, Georgia,

mediately thereupon called a meeting formally appointed McAlpin Arnold of of said congressional democratic ex- filbert county, as the commissioner to

eoutive committee, which met in Ath represent him in taking said testi

ens, Gergia, on Saturday, (August 27th, mony, and said McAlpin Arnold, im

1910, and at said meeting, laid before mediately notified 13. J. Tribble, who aid committee the said notice of con- was in Elberton at the time of his ap

teet filed by said S. J. Tribble, and pointment, and reqmested said S. J~

the said notice of contest filed by said Tribble to name and appoint his com

W. M. Howard. And whereas,

missioner to act under said resolu

At said meeting of the congression tions, and received a reply from sard

al executive committee, Judge H. S S. J. Tribble declining to appoint a-

West and T. W. Rucker appeared as commissioner to act under said reso

attorneys representing said -S. J. Trib lutions, which said acts as they ap

ble, and Judge A. J. Cobb and T. J. peared in the correspondence were-

Shackelford appeared, as attorneys re communicated by said McAlpin Ar

presenting said W. ea. Howard, which nold to the chairman of the congres

said attorneys representing said W.M. sional executive committe who laid;

Howard together prepared and agreed the same before the committee at its-

upon a set of resolutions which pro* meeting held in Athens, Georgia, oit

12

September 3rd, 1910. And, whereat, commission, said stenographer TV as

At the meeting of the congression also sworn, and thus organized tho

al executive committee on September commission opened its session ad 3d, 1910, said S. J. Tribble appeared began its proceedings in the Superior

in person and formally withdrew hi* court room of the court house in EK

notice of contest, and said S. J. Trib berton, Georgia, on Thursday, Sep

ble having declined to appoint a com tember 8, 1910. The proceedings were

missioner to represent him in taking all conducted openly and publicly.

testimony as provided in the resolu W. M. Howard appeared before the

tions, prepared, agreed to, and pre commission in person and by counsel

sented by counsel for said S. J. Trib as follows: A. J. Cobb, E. H. Calla-

ble, and by counsel for said W. M. way, T. J. Shackelford, P. P. Proffitt, Howard, and passed by the commit W. A. Slaton and Geo. C. Grogan;

tee at its former meting, the congres
sional committee in order to provide as fair a commission as possible to take the testimony in said contest,

neither S. J. Tribble nor any counsel representing him appeared before th* commission, but presented to the commisssion a written communication

passed a set of resolutions appointing Ih the nature of a protest against its four commissioners, residents of El- proceedings, and challenging the right

feert county, two from among the and authority of the congressional ex*

friends and supporters of said W. M. ecutive committee to try and detei*

Howard, to-wit: McAlpin -Arnold and mine this contest. And, whereas,

R. L* Cauthen, and two, from among It appears from the testimony re the friends and supporters of said S. ported and certified by said commit

J. Tribble, to-wit: A, S. J. Stovall and sion:

Ofi, E. Maxwell, and fixed the time an* place for the taking of said testimony
at. Blberton, on September 8th, 1910. and made the same provision for amending the grounds of contest as were contained in the previous reso
lutions, and further provided that any two of said commissioners might act in taking said testimony under said
resolutions. And, whereas,

1st. That the clerk, T. P. Kelly. who aided the managers and partici pated in holding the election in the
191st district, O. M. , of Bltert ty, known as Eliam district, was
sworn as required by law, and BO
tempt was made to swear him. 2nd. That the clerks, Union John
son and Howard Rice, who participat ed as clerks, in holding the election,

It appears from the certified report kept lists of votes, tally sheets am*

of two of said commisioners, to-wit: helped count the votes in the 2tlst

McAlpin Arnold and R. L. Cauthen, district, G. M. of -filbert county, know*

which has been submitted to this as Goshen district, were neither of

committee in accordance with said them sworn as required by law, an*

resolutions, that' the other two com- no attempt or effort was made to*

missioners, to-wit: A. S. J. Stovall swear them.

.

j

and M. E. Maxwell each* orally declin
ed to serve on said commission, and that thereupon said McAlpin Arnold and R. L. Cauthen organized the com* mission, and after being duly sworn, appointed R. J. Ward as stenographer to report and transcribe the testi mony and proceedings before the

3d. That the precinct return for the 195th district G. M. of Elbert county, known as Ruckersville dis trict, and the printed oath for the managers actually signed by each of
the three managers, but the attesting
clause was not signed by an officer.

13

4th. The precinct returns for all of tee assembled on August 24th, 1910,

the districts in Elbert county on their for the purpose of consolidating the

face, show the follownig vote for vote of the county for all the other

congressman:

candidates voted for in said primary

Oist. Dist.

except for congress.

No. Name

Howard Tribhle None of the packages or envelopes

189 . Elberton .'V.. .. 381 123 containing ballots or election papers,

190 Longstreet .... 57 44 other than the* precinct returns were

191 Eliam .... .... 26 109 opened by the chairman or any other

192 Petersburg .... 33 35 member of the committee at the con

193 Wyche ........ 34 32 solidation or at any other time.

195 Ruckersville .. .. 41 27

8th. After the consolidation of the

196 - Moss .... ...... 42 29 vote for all the other candidates, ex

197 Pike .... ...... 65 104 cept for congressman had been com

199 Gaines .... .... 62 106 pleted by the county committee on

201 Goshen .... .... 95 175 August 24th, all of the election papers

202 ' Webbsboro .... 54 50 from all the precincts in the county,

315 -Centreville .... 30 90 including the precinct returns which

had been opened, the sealed envelope

Totals .......... 920 924 containing the lists of voters and tal

5th. The election returns were ly sheets, which had not been opened,

brought to the court house by .the the sealed packages and envelopes,

Democratic executive committeemen containing the ballots no one of which

from the respective districts on Au had been opened, and the checked

gust 24th, and that in each instance registration lists returned by the

the ballots were sealed in a separate election managers, were all placed by

package and the names of the elec the chairman of the county commit

tion managers written across the seal, tee in a wooden box obtained from

and.these seals had not been brok the clerk's office about 20 inches

en, nor the package or envelopes con long, 14 inches wide and 15 inches

taining the ballots been opened, or in deep. This woo'den box was then nail

any manner examined or inspected ed up and taken by. the chairman and

from the time they were sealed by placed in the vault of his bank where

the managers until opened by the it was kept unopened and inaccessi

clerk of the superior court in the ble to any one, until Friday, August

presence of the- commissioners, on 26th, when it^was taken by the chair

September 8th, 1910.

man and delivered to the clerk of the

6th. That the tally sheets, list of superior court of Elbert county, in

voters and precinct returng were whose possession it has remained

sent up to the consolidation in sep without the access of any other per

arate envelopes, all of which were son until produced and opened by the

sealed up and practically all of them clerk in the presence of the commis

had the names of the managers writ sion.

ten across the seals.

9th. The chairman of the county

7th. That those envelopes and only committee was informed at the time those containing the precinct returns of the consolidation that on account

were opened by L. M. Heard, chair of the pending contests it would be

man of the county Democratic exec his duty to keep all the returns and

utive committee, in the presence of election papers until the contests

other members of the county commit were settled. On August 26th there-

14

when he was advised that the of the ballot, the same was returned

law required them to he deposited to the clerk who returned the speci-

with the clerk within four days after fied Ballots in each case to the pack*

the election he Immediately delivered age from which it had been taken by

the wooden box containing all the Mm.

election returns and papers to the 12th. The clerk in the case or each

clerk the^same not having been open* specified ballot identified the name

ed by any one since it had been nail' of the voter by the number on the

ed up on the day of the consolidation. ballot and the name opposite the cor

10th. After the wooden box con responding number on the voters'

taining the election papers were de list, and then inspected the registra

livered to the clerk, upon application tion list, of the district where the

of counsel for W. M. tToward, he ex- vote in question had been cast and

hibted to them one list of voters and testified whether the name of said

a checked registration list from each voter who had been shown to have

of the election precincts of Elbert cast that ballot appeared upon said

county as required by section 5 of the registration list. The Clerk's testi

act of the legislature of 1908, for the mony as to each of these facts and

regulation of primary elections. But as to each voter and ballot was veri

all of the other documents deposited fied by the commissioners after a pep

with the clerk, including the sealed sonal inspection of the voters' list,

packages containing the ballots, were the ballot and the registration lists.

kept by him unopened and tfnder seal The registration lists used by the

as required by law, until called tot clerk in this inspection and testimony

by said commissioners in the manner were lists which had been furnished

provided by law. .

the managers, used by them in hold

llth. The clerk was presented with ing the elections and returned by

an affidavit by W. M. Howard, a cer them with the election returns, and

tified copy of which appears in the re in the possession of the clerk among

port of the commissioners, made in said election papers. (Copies of said

compliance with the provisions of th registration lists ^vering all the dis

a>ct of 1900, in reference to the con tricts of Elbert county verified by

duct of contests in primary elections, the sworn testimony and signature of

specifying 21 ballots, by district, pre one of the county registrars appears

cincts, name and number of voter, to in the report of the commissioners

be produced by the clerk from the as an exhibit.) The testimony of the

sealed package of ballots for the in clerk as to the appearance or non-

spection of the commissioners, in or appearance of the names of each of

der that it might be determined said specified voters, on the registra

whether said ballots were fraudulent, tion list for the district in which said

and he thereupon opened the sealed voter cast his ballot, is corroborated

packages, containing the specified bal and substantiated by said proven

lots and these only, and exhibited copies of said registration lists in

them to the commissioners, and when said report.

the clerk from an inspection had tes 13th. The following list gives the

tified as to the name of the candidate names and number of the voters

for congress for whom each of said whose ballots were examined and

ballots had been cast, and the same u'hose names were found not to ap

had been verified by each of the com pear upon the registration lists of the

missioners by a personal inspection districts wherein they voted and also

15
,

states for whom they voted for con

gressman :

Who they

voted for

Longstreet District, No. 190.

No 2G A. Q. Moss .... .... Tribble

No. 30 T. P. Jones .... .... Tribble

Xo. 95 W. J. Johnson .... .. Tribble

EJsam District. No. 191. No. i'l T. S. Davis .... .... Tribble

No. 40 W. M. Thorntou .... Tribble

No. 51 C. D. Crawt'ord .... Howard

Petersburg District, No. 192.

No. 54 A. V. Johnson .... Tribble

Pike District, No. 197. No. 59 T. H. Bryant ...... Howard

No. 97 F. H. Ayers .. ...... Tribble

Gaines District, No. 199.
No. 83 L. H. Conwell .... Tribble

No. 87 V. D. Mullin .... .... Tribble

No. 94 F. M. Crawford .... Tribble

No. 143 W. R. Terrell ...... Tribble

No. 145 J. M. Hill, Jr., .... Tribble

Goslien District No. 201.

No. 65 J. J. Moon .... .... Tribble

No. 196 Albert G. Brown .... Tribble

No. 227 W. -R. Ray .... .... Tribble
No. 233 J. H. Busby .... ... .Howard Showing that the total unregistered

vote among those specified and in spected were cast for the candidates

Cor congress as follows:

For W. M. Howard 3.

For S. J. Tribble Ib.

14. While the name of E. G. Hig-

ginbottom who case ballot No. 41 in the Petersburg, 192, district appeared

upon the registration list for that dis trict, the evidence showed that he

has resided in Eliam district for 1909 and 1910, and has not resided in the Petersburg district where he regis tered and voted during said time. This ballot was specified and inspect ed and the evidence shows was cast for S. J. Tribble.
15. The exclusion of the 15 un registered votes cast as stated above

for S. J. Tribble and the one who

registered and voted out of his dis

trict from the total vote shown on the face of the returns to have been cast in the county for said S. J. Tribble, to-wit: 924, would leave the total vote in the county for said S. J. Tribble 908, and the ex-elusion of the three unregistered" votes shown to have been cast for said W. M'. Howard, from the total vote shown to have been cast for him in the county on the face of the returns, towit: 920, vrould leave the total vote in the county for said W. M. Howard 917, and would give said W. M. Howard a majority in the total legal votes of Elbert county of nine votes over the said S. J. Tribble.
15. The polls did not close at the Elberton precinct under the law until six o'clock p. m. sun time, but the country precincts closed under the law at 3 o'clock p. m. It appears from, the positive testimony of the three managers at the Elberton pre cinct, towit: Willis B. Adams and (Ma jor J. F. Stillwell, who were Howard supporters and representatives on the board, and P. R. Wilheit, who was a supporter and representative of S. J. Tribble on the board, that there were no irregularities or unusual delays in counting out the votes at the Elber ton precinct during the night of elec tion day and that each ballot was han dled and examined by each of said managers. That said Wilheit took each ballot from the box, examined it and then handed it to said Adams, who read from the long ballot the names of each candidate voted for from Governor and State House offi cers to the bottom of the ticket and that over 500 ballots cast at this precinct could not have been accu rately read and counted in the man ner adopted by the managers in less time than was consumed. That after Adams had read each name of each candidate voted for and the same had been tallied by the clerks he handed

16

eack ticket to Maj. Stillwell, the oth er manager who likewise examined the ballot and then deposited it in another box kept for that purpose.
P. R. Wilheit the supporter and rep resentative of S. J. Tribble on said board of managers was positive and emphatic in his testimony that there was nothing irregular or improper in either the election or the counting out of the ballots at the Elberton pre cinct.
In view therefore of the facts un questionably established by the testi mony which has been taken under the direction of this committee and cer tified and reported by the commis sion,
Be it resolved by the Democratic executive committee of the Eighth congressional district*
1st. That under the rules of the Democratic party adopted by the State Democratic executive commit tee, under which said primary elec tion wa held, here-in-before recited, this committee is the designated and prescribed tribunal, charged with the duty of hearing and determining the contest between said candidates for the Democratic nomination for con gress, and there is no other tribunal or body in existence or which can be organized which could lawfully or rightfully hear or determine said con test. It is therefore determined that this committee has exclusive jurisdic tion to hear and determine said con test, and that its decision thereon will -be final and conclusive.
2nd. That the 15 votes cast for S. J. Tribble in said election by voters whose names do not appear upon the registration lists furnished for said election by the registrars the one vote cast for said S. J. Tribble by. a voter who voted and registered in a district in which he did not reside, and the three votes cast for W1 M.

Howard in said election by voters whose names do not appear upon said registration lists, are illegal votes under the provision of the legislative act, regulating primary elections, Pub lic Acts, 1908, pages 55, 46 and 57, and
are hereby directed to be excluded from the consolidated votes of said candidates for congress in Elbert county, thereby leaving the consoli dated votes in said county as follows:
For said \V. M. Howard 917 votes. For said S. J. Tribble 908 votes. 3rd. That the primary law referred to above requires the clerks partici pating in such elections to be sworn. Should it be held that these provi sions of the law are mandatory then the failure of the officers to sign his name to the printed oath subscrib ed by the managers in the RuckersvUle or 195th district and the failure of the clerks who participated in hold ing the election in Eliam or 191st dis trict and in Goshen or 201st district, to be sworn as required by law, wonld constitute such irregularities and vio lations of law as would require the entire vote for each of these three precincts to be thrown out and ex cluded from the consolidated vote of the county.
The votes of these three districts for congressman we're as follows:
Howard Tribble 191 Eliam .... ...... ..26 109 195 Ruckersville ...... 41 27 201 Goshen .......... 95 175

Deducting the illegal

votes already cast out

in these districts ...... 2

5

Leaves .... .... .... 160 308 Should these districts be thrown out and the votes as cast therein for S. J. Tribble to-wit: 306, be deducted from the 908 found above it would leave his total in the county 602 and deducting the 160 votes cast for W.

17

M. Howard in said three districts from his total vote found above, towit: 917, it would leave his total vote in the county 757, which would give W. M. Howard a majority in the coun ty over S. J. Tribble of 155 votes.
But it is hereby determined by the committee that as there may be some question as to whether these provi sions of the primary law are manda tory or merely directory, this commit tee will not undertake to pass upon this question, and will leave the vote from these precincts to be counted in the consolidation, thereby leaving the total vote in the county for congress man as follows:
For W. M. Howard .... ...... 917 For S. J. Tribble .... .... .... 908
4th. It appearing that W. M. How ard has carried Elbert county in the primary election, receiving 917 votes against 908 votes for S. J. Tribble: It is hereby found and determined that said W. M. Howard is entitled to the vote of Elbert county, in said pri mary election and is entitled to have
delegates from said county in the ap proaching congressional convention appointed from among his friends and supporters, and in accordance with the rules of the party as pre scribed by the state Democratic exec utive committee, L. M. Heard, chair man of the county Democratic exec utive committee of Elbert county, is hereby instructed and directed to ap point from among the friends and sup porters of said W. M. Howard, in said county, four delegates to the con gressional Democratic convention to
be heM for said district. The time for holding the conven
tion to nominate a congressman was then fixed for next Saturday, Sept. 17th, at noon in the city hall in this city. The following resolution was introduced by Mr. Mosely and carried after which the committee adjourn ed:

Resolved: 1st. That a Democratic congressional convention for the Eighth congressional district of Georgia, to be composed of delegates from each county in the district; each county being entitled to two delegates for each member which it is entitled to in the house of repre sentatives, is hereby called to meet in the c-ity hall at Athens, Ga., on the 17th day of September, 1910, at 12 o'clock, M., for the purpose of nomi nating a Democratic candidate for the 62nd congress from the Eighth congressional district of Georgia.
2nd. That the delegates to said convention from each county in said district shall be appointed fty the chairman of the county Democratic executive committee of the. county from which the delegates are ap pointed; which appointment shall be made in writing and in duplicate, and each copy of the appointment shall be officially signed by said county chair man, and one copy thereof mailed by him to the chairman of this commit tee, Hon. Jno. E. Gordon, and the other copy delivered by hinr to the delegates appointed, who shall pre sent the same as their authority for participating in said convention.
3rd. That only those delegates from Elbert county appointed by L. M. Heard, chairman of the county Dem ocratic executive committee in ac cordance with the resolutions of this committee already passed, shall be recognized in the organization of said convention from said Elbert county, and no other delegates from said El
bert county shall have any seats or voice in' said convention, nor take part in any of the proceedings there
of.
The Commission's Report. *
GEORGIA, ELBERT COUNTY. We, McAlpin Arnold and R. L. Cauthen, two of the Commissioners appointed by the Congressional Dem-

18

ocratic Executive Committee of the Ans. Mr. T. F. Kelley.

Eighth District to take testimony in Q. State whether or not any oath

the contest over the vote of Elbert was administered to Mr. Kelley.

county between Messrs. W. M. How

Ans. Xo, none at all.

ard and S. J. Tribble, having person

Q. Was he sworn in any way?

ally interviewed M. E. Maxwell and Ans. Xo sir, none at all.

A. S. J. Stovall, the other two Com

Q. Did he participate in the hold

missioners appointed, and learning ing of the election?

from them that they would each de

Ans. Yes, sir.

cline to serve on the said Commis

sion, met at the Court House in Elberton, Georgia, on this the Sth day of September, 1910, at ten o'clock A. M. There we qualified by being sworn before J. F. Stilwell, N. P., Ex-officio J. P.
After being sworn we appointed R. J. Ward, a stenographer of said county, to take the testimony and had him duly sworn before said N. P. ?Ex-officio J. P.
Being thus organized the Commis sion proceeded with the hearing. There is present at the hearing W. M. Howard in person and the follow ing counsel representing him: A. J. Cobb, E. H. Callaway, T. J. Shackelford, P. P. Promt, W. A. Slaton, and Geo. C. Grogan. Neither S. J. Trib ble nor any counsel representing him appeared before the Commission, but we present herewith a communica tion, marked "Exhibit A," received by the Commission from Mr. Tribble when we met.

Testimony of I*. 31. Heard, Sworn by Said J. F. StUwell.
Q. What position in the Demo cratic party in Elbert county do you hold?
Ans. Chairman of the Executive Committee.
Q. How long have you held that position?
Ans. About four years. Q. Were you present at the con solidation of the vote of the recent primary? Ans. I was. Q. By whom was the vote of El bert county consolidated? Ans. By the entire membership of the Executive Committee of Elbert county. Q. Were they all present? Ans. I think so. Q. Was the vote from the various precincts of the county opened ana consolidated? Ans. The precinct returns were

opened and the returns consolidated.

Testimony of P. B. Fortson, Sworn

Q. Were the votes for all the

Before Said S. F. StUwell.

officers canvassed and consolidated?

Q. Were you one of the mana

Ans. Yes, the votes for all %of the

gers at the polls in a precinct in officers were canvassed and consoli

this county at the election held on dated except the vote for Congress

August 23rd, 1910?

man.

Ans. Yes, I was a manager in Q. Who brought the returns for

Eliam district.

the consolidation on August 24th?

Q. Who were the other managers Ans. The member of the Commit

in that election precinct?

tee for the district he represented.

Ans. S. C. Hudson and W. N. Q. In what shape were these re

Dye, one an N. P., the other a J. P. turns?

Q. Who were tii9 clerks in that Ans. There was nothing special to

election?

attract my attention, but the method

19

heretofore has been that they would enclose them in a large envelope with the names of the managers of the election marked across this envelope.
Q. Were the envelopes kept sep
arate? Ans. There was nothing in the
envelopess which I opened except the
precinct returns. Q. Were any of the envelopes
containing the ballots opened at all by that Committee?
Ans. None that I saw. The mem* hers of the Committee were stand ing around and I called upon each member of the Committee to pro duce his precinct returns. He hand ed me the envelope containing the precinct returns. That was all I
have ever seen. . Q. After the consolidation of the
vote for the other officers, what dtsposition was made of the envelopes containing the returns f the vot from the election?
Ans. After the consolidation. I re quested each member of the Com mittee to take all papers down to the Clerk's office, and tarn them over to him, I was informed, however, that on account of the contest, it was my duty to hold all papers until the con test was settled. The different mem bers of the Committee returned the papers to me here in the Superior Court room, and then they were pla ced in this box, a wooden box which is about fourteen by twenty inches, and about fifteen Inches deep and the top was nailed on by the Court House janitor, Charles Martin.
Q. What then was done with th
box? Ans, It was carried to th Citi
zens' Bank and placed in the vault, and kept in the vault until Friday, August 26th, at two P. M., when it was turned over to W. A. Rucker, Clerk of the Superior Court. I tur ned it over to him and took a rereceipt. It was in the same condi

tion as when I received it. Q. Had it been opened from the
time it was taken from the Commit tee meeting?
Ans. Not to my knowledge. Q. Had it any appearance of hav ing been opened? Ans. None. Q. Could it have been opened by any one else? Ans. No one, but my brother, P, E. Heard and L. A. Gaines, who areclerks in the Bank. Q. Did you make a personal exammination of any of the envelopes containing the election returns other than those containing the precinct returns? Ans. None whatever. Q. Have you done so up to this time? Ans. I have not. Q. At the time the janitior na.ied the box, was that done in your presence? An. Te. Q. Were any other members of the Committee present? Ans. I think they fcad all *o&* except W. !>. Skelton. Q. Were you speakimg of thte wooden box?
Ans. Yes.
Q. You were not speakteg of tk* election ballot boxes?
Ans, The election boxes were sot returned at all. This box was one secured for the purpose of making the returns safe.
Q. You state that on Wednesday these papers were brought back to you from the Clerk's office by the Committee, you thinking that it was your duty to hold them until the con test was decided. Why did you turn these over to the Clerk of the Court?
Ans. Because I was informed that it was my duty to return these to the Clerk of the Court within four days.

20

Testimony of W. A. Rocker, Swora by
Said J. F. Stilwell. Q. What official position do you hold in Elbert county? Ans. Clerk of the Superior court.
Q. How long have you held that position?
Ans. This makes ten years. Q. Have you in your possession the election papers of the recent primary of Elbert county held on August 23rd? Ans* Yes. sir, Q. Where are they? Ans. In a wooden box, an ordi nary wooden box.
Q. Is it that box containing all of the election papers that were de
posited with you?
Ans. Yes, Q. Was the wooden box the ballot box kept at the election? Ans. No, it was picked up in my office. Q. What then was put into this
box? Ans* The election returns. Q. What did they do with It?
When did you get it? Ans. On Friday, August 26th, at
about two P. M. Q. Who brought it to you? Ans, Mr. L. M. Heard. Q. Who is he? Ans. Chairman of the Democratic
Executive Committee f Blbert county.
Q. What condition was the box in when brought to you,
Ans. It was nailed up. Q. Have you opened that box? Ans. I have. Q. Since it was brought to you on August 26th, has anybody except you had access to it? Ans. No one. Q. What was the occasion of your opening it? Ans. Mr. Grogan and Mr. Black came to my office stating that they were entitled to a voters list, and I

the voters' lists.
Q. Have you yourself ever exam ined any other papers except the voters lists.
Ans. No. Q. Have you seen that affidavit made by Mr. Howard?
Ans. Yes.
Q. We ask that you open that wooden box and permit us to see first, the other papers and precinct returns and the ballots specified there by number. First, I would like for you to give us all of the pre cinct returns and we want to take an abstract thereof.
Ans. When^I opened the voters lists and took out a list, I sealed them up and put them in an envel ope, and sealed them up myself after showing them to these gentlemen.
Q. Are they still in your posses sion?
Ans. Yes. went into the box and gat the list for them. They showed me the tew giving me this authority.
Q. Do you think they saw tke voters list until yon shewed It tothem?
Ans. No. Q. Were these voters lists exam ined by them in your presence? Ans. Yes.
Q. Were any envelopes or other enclosures containing any ballots opened by you in their presence?
Ans. No, nor out of their pres ence either. I do not suppose they would have asked me for the vote*, if they had. I would not have opened them.
Q. Were any other papers con tained in this box opened by you other than the voters lists?
Ans. The voters lists were all. 1 want to say this I opened the voters lists and gave them the voters lists, whether there were any other papers in there, I do not know. I only saw

21

Q. We want to examine the pre cinct returns first.
Precinct return of the Elberton district, 189 G. M.,-introduced in evi dence. As to vote for Congressman, W. M. Howard received 381, S. J. Tribble received 123.
Precinct return of Longstreet dis trict, 190 G. M., introduced in evi dence, shows a vote for Congress man, W. M. Howard 57, S. J. Tribble 44.
Precinct return for Eliam district, 191 G. M., introduced in evidence shows a vote for Congressman, W. M. Howard 26, S. J. Tribble 109.
Precinct return for Petersburg dis trict, 192 G. M., intmduced in evi dence, shows a vote IOT Congressman W. M. Howard 33, S. J*. Tribble 35.
Precinct return for Wyche district, 193 G. M., introduced in evidence shows a vote for Congressman, W. M. Howard 34, S. J. Tribble 32.
Original talley sheet for Ruckersville district, 195 G. M., introduced in evidence, shows a vote for Con gressman, W. M. Howard 41, S. J. Tribble 27.
Testimony of J. A. Ginn, Sworn by Said Stilwell.
Q. Were you one of the managers at one of the election precincts in this county on the 23rd of August last?
Ans. Yes, in the 201st district. Q. Who were the other mana gers? Ans. P. V. Rice, Jr., and W. W. Faulkner. Q. Did you have any clerks?
Ans. Yes, we had two.
Q. Who were they?
Ans. Linden Johnson and How ard Rice.
Q. Did they take part and act as clerks in the election?
Ans. Yes, they kept talley sheets.

Q. Did1 thneey keep a list of voters too?
Ans. Yes, they helped. Q. Were either of these two men sworn on that election? Ans. No, they were not. I did not know they had to be sworn, and I did not swear them. Q. Did they participate in doing all that clerks ordinarily do in hold ing the election? Ans. Yes, they helped keep the talley sheets and list of voters, and helped count out.
W. A. Rucker Recalled. Precinct return for Ruckersville district, 195 G. M. introduced in evi dence, show a vote for Congressman, Howard 41, and S. J. Tribble 27. (Precinct returns for 195th district have oath written out, but is not signed by any officer. Signed by J. E. McCalla, free-holder, Robert Hall, free-holder, and C. B. McMullan, manager). Original talley sheet for Moss dis trict, 196 G. M., introduced in evi dence, shows a vote for Congress man W. M. Howard 42, S. J. Trib ble, 29. Precinct returns for Pike district, 197 G. M., introduced in evidence, show a vote for Congressman W. M. Howard 65, S. J. Tribble 104.
Precinct returns for Gaines dis trict, 199 G. M., introduced in evi dence show a vote for Congressman W. M. Howard 62, S. J. Tribble 106.
Precinct returns for Goshen, 201 G. M., introduced in evidence, show a vote for Congressman W. M. How ard 95, S. J. Tribble 175.
Precinct returns for Webbsboro district, 202 G. M., introduced in evi dence shows a vote for Congressman W. M. Howard 54, S. J. Tribble 50.
Precinct returns for Centreville district, 315 G. M., introduced in evi dence, shows a vote for Congress-

man W. M. Howard 30, S. J. Tribble 90.
Total vote for W. M. Howard 920, S. J. Triable 924.
Q. Describe the package contain ing the vots from Elberton. Does it appear to have been opened?
Ans. There is no appearance of it ever having been opened. It bears the signatures of J. F. Stilwell. W. B. Adams, and P. R. Wilhite. That is the only paekage that looks like it contains votes.
Q. Do you ''now these signatures? Ans. Yes, these are apparently genuine. Q. There are no indications that this package has been opened or tam pered with in any way? Ans. There are none. Q. Are these the names of the managers wko held that election? Ans. So far as I know, they are. Q. Is the package in the same condition as when you received it? Ans. Yes, I suppose no one has seen it since then. Q. Get the package of votes for Longstreet district. Ans. I suppose these are the tick ets. Q. Look at them and see it it is sealed up. Ans. Yes. Q. Is the name of anyone written on it? Ans. Yes, the names of G. B. Jones, J. H. Fleming, Jr., W. J. Hammond. Q. Are you acquainted with these signatures? Ans. No. Q. Do they appear to be genuine? . Ans. I suppose they are, I do not know them.
Q. Has that package been seen or examined by any one since it has been in your possession?
Ans. No.

Q. We want ballots from that dis trict No. 25, 30, 95.
Q. Has that package any appear ance of ever having been opened since it was first closed up?
Ans. No. Here are Nos. 25, 30, and 95.
Q. Hand them to the Commission ers. Get the voters list and also the registration list that should have been returned.
Q. Was there a registration list returned by the managers?
Ans. None from that district. Q. These three ballots that you have handed to the Commissioners, are they taken from the ballots of Longstreet district, and are they numbered respectively 25, 30, and 95.
Ans. Yes. Q. Have you the list of voters? Ans. Yes. Q. Who voted ballot No. 25? Ans. A. Q. Moss. Q. Who voted ballot No. 30? Ans. T. P. Jones. Q. Who voted ballot No. 95? Ans. W. N. Johnson. (Commissioners inspected list of voters and confirmed the report ofthe Clerk, W. A. Rucker).
Q. Take one of the county regis tration lists from the box in your possession and examine it, and see if in Longstreet district the name of A. Q. Moss appears on that list.
Ans. It is not on the list.
Q. Examine the list and see if the name of T. P. Jones appears on the list as a registered voter.
Ans. No, it does not appear. Q. Examine the list and see if W. N. Johnson's name is on that list of registered voters.
Ans. It is not on the list. Q. Was that list that you are looking at one of .the lists returned by one of the Districts? Ans. Yes.

(Examined by Commissioners and report of W. A. Rucker affirmed as to A. Q. Moss, T. P. Jones, and W. N. Johnson).
Q. Commissioner, examine ballot 25, read the vote for Congressman.
Ans. S. J. Tribble. Q. Read ballot No. 30 and see how it voted for Congressman.
Ans. S. J. Tribble. Q. Read ballot No. 95, and an nounce vote for Congressman. Ans. S. J. Tribble. Q. Mr. Rucker, read ballot No. 25 for Congressman. Ans. S. J. Tribble. Q. Read ballot 30 and announce vote for Congressman. Ans. S. J. Tribble. Q. Read ballot 95 and announce vote for Congressman. Ans. S. J. Tribble. (Ballots re turned to the Clerk).
Q. Find the votes of Eliam dis trict and look at ballots No. 21, 40, 51, 82, and 95.
Ans. Here they are. Q. Is that ballot sealed? Ans. Yes. Q. Has it been opened since hav ing: heen in your possession? Ans. No. Q. Are the signatures of the man agers across the seal? Ans. Yes, S. C. Hudson, W. H. Dye, and F. B. Portson.
(Testimony of F. B.' Fortson, re called) :
Q. Is that package as it was when delivered here by you?
Ans. Yes.
(W. A. Rucker recalled). Q. Have you No. 21 of the bal lots taken from Eliam district? Ans. Yes, I have Nos. 21, 40, 51, 82, and 95 taken from the votes of Eliam.

Q. Take vote 21 and announce the vote for Congressman.
Ans. S. J. Tribble. (Report veri fied by Commissioners).
Q. Take ballot 40 and announce the vote for Congressman.
Ans. S. J. Tribble. (Report veri fied by Commissioners )fl
Q. Take ballot 51 and announce vote for Congressman.
Ans.s W. M. Howard. (Report verified by Commissioners).
Q. Take ballot 82 and announce vote for Congressman.
Ans. S. J. Tribble. (Report veri fied by Commissioners).
Q. Take ballot 95 and announce vote for Congressman.
Ans. S. J. Tribble. (Report veri fied by Commissioners).
Q. Take the voters list from that district, look on that list and see who voted ballot 21.
Ans. T. S. Davis. Q. Who voted ballot 40? Ans. W. M. Thornton. Q. Who voted ballot 51? Ans. C. D. Crawford. Q. Who voted ballot 82? Ans. H. A. Lyles. Q. Who voted ballot 95? Ans. T. T. Spellings. (Report verified by Commission ers as to ballots 21, 40, 51, 82, 95).
Q. Look at the registration list of voters, see if T. S. Davis' name is on that list.
Ans. It is not on the list.
Q. See is the name of W. M. Thornton is on the list.
Ans. It is not.
Q. See if the name of C. D. Crawford is on the list.
Ans. It is not on the list.
Q. See if the name of H. A. Lyles is on the Ist.i
Ans. It is on the list.
Q. See if the name of T. T. Sell ings is on the list.

24

Ans. It is on the list. (Verified by Commissioners as to W. M. Thornton, T. S. Davis, C. D. Crawford, H. A. Lyles, and T. T. Snellings).

Q. Look for the votes of Peters burg district.
Ans. This must be Petersburg. It has no name on it. -
Q. Leave that until later.

Q. Look for the votes of Pike

district.

Ans. This is Pike district.

Q. Does it have the appearance

of having been opened?

Ans. No. (Verified by Commis

sioners).

"

Q. Open it and find the following

votes, Nos. 97 and 59.

Q. Did you take these from the

ballots of 197 district?

Ans. Yes.

Q. Read and announce the vote

for Congressman on ballot 59.

Ans. W. M. Howard.

Q. Read and announce the vote

for Congressman on ballot 97.

Ans. S. J. Tribble. (Verified by

Commissioners as to both ballots).

Q. Get your voters list for the

197th district. Who voted ticket

59?

Ans. T. H. Bryant.

Q. Who voted ticket 97?

Ans. F. H. Ayers.

(Verified by Commissioners as to

tickets 59 and 97).

Q. Now look at your registration

list. Does the name of T. H. Bryant

appear on that list?

Ans. No, I do not find it.

Q. See if the name of F. H. Ayers

appears on the registration list.

Ans. It does not appear on the

list.

(Verified by Commissioners as to

moth names).

Q. Look for Gaines district.

Ans. This is the ballot of the

199th, Gaines, district.

Q. Is that the original package that you received?
Ans. Yes. Q. Has it been opened or exam ined by any one since y*u received it? Ans. Xo. Q. Is it just as when yon received it? Ans. Yes. Q. Do yon find the votes Xos. S3, 87, 94, 143, 145? Ans. Yes, I have them all. Q. Have you the ballots of the 199th district Nos. 83, 87, 94, 143, 145, taken from the ballot of that district? Ans. Yes. Q. Look at ballot 83 and an nounce the vote for Congressman. Ans. S. J. Tribble, (Verified by Commissioners). Q. Announce the vote for Con gressman on ballot 87. Ans. S. J. Tribble. (Verified fcy Commissioners ). Q. Announce the vote for Con gressman on ballot 94. Ans. S. J. Tribble. (Verified fey Commissioners). Q. Announce the vote for Con gressman on ballot 143. Ans. S. J. Tribble. (Verified by Commissioners). Q. Announce the vote for Con gressman on ballot 145, Ans. S. J. Tribble. (Verified by Commissioners ). Q. Now I will ask you for the voters list of the 199th district. Look and see who voted ballot S3. Ans. L. H. Con well. Q. Who voted ballott 87? Ans. V. D. Mullinix. Q. Who voted ballot 94?
Ans. F. M. Crawford.
Q. Who voted ballot 143?
Ans. W. R. Terrell.
Q. Who voted ballot 145?
Ans. J. M. Hill, Jr.

25

Q. Now take the registration list in the 199th district, examine that list, and see if the name of L. H. Conwell is on it.
Ans. I do not find it. Q. See if the name of V. D. Mullinix is on that list. Ans. No, it is not.
Q. See if the name of F. M. Crawford is on that ist.
Ans. No, it is not. Q. See if the name of W. R. Terrell is on the list. Ans. No, it is not on the list. Q. See if the |name of J. M. Hill, Ans. No, it is i^ot. Q. Look at No. 137 on the voters list and see who voted that number. Ans. J. M. Hill, Sr. voted num ber 137 on the voters list. (Verified by Commissioners as to L. H. Conwell, V. D. Mullinix, F. M. Crawford, W. R. Terrell, and J. M. Hill, Jr.)
Q. Now look in the votes from Goshen district. Is that the ballots of the 201st, Goshen, district?
Ans. Yes. Q. Are they sealed? Ans. Yes, it is sealed. Q. Are the names of the mana gers across the seal. Ans. Yes.
Q. Has the package been examin ed or interferred with since it has been in your possession?
Ans. No. Q. Does it appear to have been interferred with since it was sealed? Ans. No. (Verified by Commis sioners). Q Look for votes Nos. 65, 196, 227, and 233. Have you those bal lots?
Ans. Yes. Q. Did you get them from the ballots of the 201st district?
Ans. Yes.
Read the vote for Congressman

on ballot 65. Ans. S. J. Tribble. Q. Read the vote for Congress
man on ballot 196. Ans. S. J. Tribble Q. Read the vote for Congress
man 227. Ans. S. J. Tribble. Q. Read vote for Congressman on
ballot 233.
Ans. W. M. Howard. (Verified by Commissioners as to ballots Nos. 65, 196, 227, and 233 ) Q. Now get the list of voters of the 201st district. Who voted ballot 65? Ans. J. J. ..j.oon. 0. Who voted ballot 196? Ans. Albert G. Brown. Q. Who voted ballot 227? Ans. W. R. Ray. Q Who voted ballot 233? Ans. J. F. Busby. Q. Get the registration list/of the 201st district. Do you find the name of J. J. Moon on that list? Ans. No, I do not find it. Q. Do you find the name of Al bert G. Brown on that list? Ans. I find A. Gordon Brown, but do not find Albert G. Brown. Q. Do you find W. R. Ray's name on that list? Ans. No, I do not find it. Q. Do you find the name of J. F. Busby on that list? Ans. No, it is not here. (Verified by Commissioners as to J. J. Moon, Albert G. Brown, W. R. Ray, and J. F. Busby.) Q. Examine that list of voters for the 201st district and see if A. Gor don Brown did not vote number four? Ans. Yes. A. Gordon Brown vot ed number 4 in this election. (Veri fied by Commissioners).
Q. Find the ballots for the 192nd, Petersburg, district. Is this package the ballots from the 192nd district?

26

Ans. Yes. Q. Is it sealed? Ans. Yes, except for a little cor ner. Q. Could the ballots be taken out of that corner? Ans. I do not think so. Q. Does it bear the names of the managers? Ans. Yes. Q. Has it ever been interferred with in any way since it has been sealed? Ans. No. (Verified by Commis sioners). Q. Look for ballots 41 and 54 from this district. Ans. I do not find the numbers. Q. Get the voters list of that dis trict, 1^2. How many votes ap pear to have been cast? Ans. There seems to have been seventy (70) votes cast. Q. How many ballets have you there from this district? Ans. There are only 47 ballots here. Q. See if you can find any other votes from tnat distdict. Ans. I do not. Q. Look at this voters list and see how many votes appear to have been cast from that list. Ans. 70, no, I believe it is 69. There is no name opposite No. < 0. Q. How many ballots do you find in the ballots of that district? Ans. 47. Q. Do you find Xo. 41. and 64 among the ballots returned ? Ans. Xo, I do not. Q. In examining the numbers, do you fnd that they run consecutively? Ans. Xo, they do not. Q. Look at the voters list and see who voted ballot 41.
Ans. E. G. Higginbotham.
Q. Who voted ballot 54?
Ans. A. V. Johnson.
(Verified by Commissioners as to

ballots 41 and 54? At this time the Clerk announced
that he had found the other votes from the 192nd district.
Q. Are the names of the mana gers written across the seal?
Ans. Yes. Q. Has anyone tampered with this package since it has been in your possession? Ans. Xo. Q. Do you find votes Xos. 41 and 54 among the ballots from the 192d district? Ans. I have them. Q. Read the vote for Congresman on ballot Xo. 41. Ans. S. J. Tribble. Q. Read the vote for Congressman on ballot Xo. 64. Ans. S. J. Tribble. (Verified by Commissioners as to both of the ballots). Q. Get the registration list from that district. See if the name of A. V. Johnson is on that list. Ans. Xo, it is not. Q. See is the name of H. G. Hig ginbotham is on that list. Ans. Yes, it is on the list. (Verified by Commissioners as to both names). Q. Get the list of voters of the 191st district.
Testimony of W. B. Adams, sworn, by said Stilwell.
Q. Examine that "package and state what it contains. Were you one of the election managers at the election precinct of the 189th dis trict?
Ans. I was. This package conQ. Were you one of the managers? tains ballots and the checked regis tration list from the 189th district. Q. Is that the Elberton district? Ans. Yes. Q. Were you one of the anagers? Ans. Yes.

27

Q. Who sealed up that package? the county precincts?

Ans. As I remember, it was Mr. Ans. At three o'clock, I suppose.

Stilwell and Mr. Willhile.

Q. What time did you commence

Q. Were they managers with you? counting?

Ans. 'mey were.

Ans. At six thirty-eight.

Q. Is that package in the same Q. Is six thirty-eight Eastern

condition as when you sealed it up? time six o'clock Sun time?

Ans. Yes, in the same condition. Ans. Yes.

Q. What time did you finish count

Testimony of J. T. Stilwell, sworn ing that night?

by the Clerk of the Court:

Ans. It was six A. M., o'clock

Q. Were you one of the mana when we got out, as soon as we

gers at theis precinct?

could.

Ans. I was.

Q. Did the length of the ballot

Q. Examine that package and see have anything to do with the length

what it contains?

of time required?

Ans. It contains the tickets and Ans. Certainly, there were twen

the registration list of the Elberton ty-one calls to each ballot.

precinct.

Q. Was the counting of these bal

Q. Is that package in the same lots continuous?

condition as when you sealed it up? Ans. As much as it was possible to

Ans. flt is.

be, practically continuous.

Q. Did you and Mr. Wilhite seal Q. There was no unusual inter

this package?

ference?

Ans. Yes.

Ans. None at all.

Q. Were the ballots counted out Q. No unusual stopping?

tiiat night in the regular way of Ans. None at all.

counting an election?

Q. Did Wilhite take out every

Ans. I suppose so. Wilhite took ballot?

them out of the box, Adams received Ans. I took it for granted that

and called them, and I took them he did. He had the opportunity to

from him and looked over them to do so.

see if they were all right.

Q. Was there any other person

Q. Did Wilhite call the ballots? present to substitute for him in that

No, but he took them out of the work.

box. Q. Did Wilhite represent Tribble

Ans. No.

ia that election? Ans. I understood so. Q. Was the counting done in the
opea?
Aiis. Yes, I think so. The peo ple were looking on through the window at the time, but no one was allowed in there.
Q. What time did the polls close here?

W. B. Adams recalled: In the morning when we started, we opened the ballot box and showed it to other persons present outside of the polls, then I locked the box, took the key out of the lock, gave it to Major Stilwell and he put it in his pocket. When the polls were closed Wilhite got the key from Major Stil
well, unlocked the box and set it

Ans. At six thirty-eight o'clock, down in front of him to my right. He

P. M. eastern time.

took every ballot out of the box one

Q. What time did they close at at a time, looked throught it, handed

28

it to me and I called it, seated to his the box?

left, each one, and as soon as I called Ans. I did. it I handed it to Major Stilwell, he Q. Did you take all of the bal looked over it and put it in another lots from the box?

"box of the same kind that was set on Ans. Yes.

the floor in front of him. Each Q. How many did you take at a

manager saw every ballot and every time?

name on it.

Ans. One.

J. F. Stilwell recalled:

Q. What did you do with it? Ans. I unfolded it and handed it

Every time there was any irregu to Mr. Adams.

larity about a ballot as when only Q. How long was the ballot?

one name was scratched for govern or, Wilhite would call the attention

Ans. It was very long. Q. Would he call the name on

of Adams to it.

each ticket?

Testimony of P. P. Wilhite, sworn

Ans. Yes. Q. After he had called the names,

by the said Silwell:

what did he do with it?

Q. Were you one of the mana and marked "Exhibit C."

gers at the Elberton precinct in the Ans. He handed it to Major Stil

primary election on August 23rd? well, who inspected it and put it in

Ans. I was. Q. Were you the manager rep resenting Mr. Tribble on that elec tion?

box. Q. About what time did you finish
counting these ballots? Ans. About day, I do not remem

Ans. I was supposed to be. I ber just what time.

was a supporter of Mr. Tribble.

Q. Did you expedite matters as

Q. Were you present during the much as possible?

entire election as one of the mana

Ans. Yes, there was no delay.

gers?

There was one time that Mr. Heard,

Ans. Yes.

one of the clerks, got sick. It was

Q. Was there anything occurred impossible to go on with him, and

during that election that was im we had to get another man.

proper?

Q. Was he sworn?

Ans. Not that I saw.

Ans. He was.

Q. What time did you start count

Q. How long did that hinder you?

ing out the votes? Ans. As soon as possible after six
thirty-eight o'clock P. M. Q. Was the counting of the bal
lots continuous? Ans. We stopped to eat a little
supper, and maybe one or two other times for three or four minutes at a time.
Q. Where did you eat supper?
Ans. There in the room.
Q. You did not leave the ballots?

Ans. Not more than fifteen or

twenty minutes. Q. The counting of these ballots,
was it regular, systematic and con

tinuous?

Ans. Yes.

>

Q. With reference to the time of

closing here, was the the time of

counting these ballots unreasonable?

Ans. It would have been impossi ble to have counted them correctly

any quicker.

Ans. No.

Q. Will you state what package

Q. Who took the ballots from that is?

29

Ans. This is the tickets and reg istration list of the precinct here that I, as one of the managers nere, sealed.
Q. Does it have any appearance of having been tampered with at all?
Ans, No, sir.
Testimony taken before Commission September 9, 191O.
,T. G. Ginn, sworn by said Stihvell: Q. Ill ask you to look at that pa per and tell me what it is. Ans. It is a copy of the registra tion list of Elbert county for the year 1910. Q. Are you one of the registrars? Ans. I am. Q. Is that a correct copy of the list sent out to the managers of the various precincts? Ans. Yes. (Mr. Grogan.) This registration list introduced in evidence, identified by the signature of J. G. Ginn, registrar, as a correct copy. Also identified by signatures of the Ct ommissioners. Identified registration list intro duced in evidence is made a part of this report and marked "Exhibit B.''
Gee. C. Grogan, swofn by said Stilwell:
E. G. Higginbotham who voted bal lot Xo. 41 in the Petersburg district Xo. 192 G. M., resided in Eliam dis trict during the year 1009 and 1910, living on the Mrs. Mary A. Stnrk farm and was not a resident of Peters burg district during the years 1909 and 1910 up to date.
P. E. Ward, sworn by the said Stilwell:
Q. Are you In the bank with L. M. Heard?
Ans. Yes. Q. Do you recall the wooden box said to contain the election returns

from Elbert county brought to your

office on August 24th?

Ans. Yes.

Q. In what condition was it?

Ans. I did not notice it particu

larly. It seemed to be nailed up and

in good condition.

Q. What was done with it?

Ans. It was deposited in the

vault.

Q. What time of day was that?

Ans. I do not remember.

Q. Some time in the P. M.

Ans. I suppose so, I do not re

member.

v

Q. How long did it stay there?

Ans. I do not remember. I did

not know that it had been taken out

until Martin Heard told me.

Q. While in there did any one to

your knowledge have anything to do

with it?

Ans. Xo.

Q. Who had access to that vault

where the box was put?

Ans. No one except L,. M. Heard,

L. A. Gaines, and myself.

Q. Could anj^body else have had

access to that box while there except

L. M. Heard, L. A. Gaines and your

self?

Ans. Xo.

Q. Did you go into the box at all

or open it or see in it.

Ans. Xo, sir.

L. A. Gaines, sworn by the said Stilwell:
Q. Are you employed in the bank of L. M. Heard?
Ans. Yes. Q. Do you remember a box being brought there on the 24th day of August last? Ans. Yes, the day after the pri mary. Q. Was it brought in that day? Ans. Yes. Q. What was done with that box? Ans. It was put into the vault. Q. Was the box nailed up?

30

Ans. It was shut up.
Q. Did anyone open that box in the bank?
Ans. No.
Q. To your knowledge, did any one go into that box while it was in the bank.
Ans. No.
Q. Do you remember what day it was taken from the bank?
Ans. No.
Q. Who works there besides your self?
Ans. P. E. Heard and L. M. Heard.
Q. No one to your knewledge went into that box while there?
Ans. No.
Also introduced certified copy of affidavit filed with clerk for the pur pose of examining the ballots speci fied and the election blanks. Said copy being attached to this report.
GEORGIA, ELBERT COUNTY. We, McAlpin Arnold and R. E.
Cauthen of said county, two of the Commissioners appointed by the Dem ocratic Executive Committee of the Eighth Congressional District of Georgia to take testimony in the con test pending between W. M. Howard and S. J. Tribble as to the vote of Elbert county in the recent State Democratic Primary election held on August 23rd, 1910, do hereby certify that, acting under and in compliance with the appointment of said Con gressional Committee, we met at the court house in Elberton at 10 o'clock Thursday morning, August 8th, 1910, for the purpose of performing the duties specified in the resolutions of said Congressional Committee. Be fore assembling for that purpose we personally interviewed Messrs. A. S. J. Stovall and M. E. Maxwell of said county, the other two commis sioners appointed to act with us un der tlie resolutions of said Congres sional Committee, and ascertained from them the fact that they would decline to serve on said Committee.

We further certify that we there upon organized after being duly sworn and subscribing to the affidavit which appears in the foregoing re cord and selected Mr. R. J. Ward as the official stenographer, who was also duly sworn before Maj. J. F. Stilwell, N. P., and ex-officio J. P., 189th district, G. M., Elbert county, Georgia.
We further certify that Maj. Stil well remained present at the entire hearing and taking of testimony and "each witness appearing before the Commissioners was duly sworn by him.
We further certify that the foregoiiig pages contain a true and accu rate transcript of the brief of evi dence of all the evidence offered by either party at said hearing and alll the facts and circumstances which occurred at said hearing.

We further certify that the exhibits attached to the foregoing transcript, lettered from A to C, inclusive, iden tified by our signatures, are the ex hibits referred to in the brief of evi dence.

We further certify that all evi dence appearing in said transcript as to the contents of precinct re turns, tally sheets, list of voters, bal lots and registration list used in the election at the different precincts herein before referred to, were veri fied after personal examination by the Commissioners in each instance.
We do further certify that the fore going is a true and correct trans cript of all the oral testimony and an abstract of documentary evidence and contains ail documents that could tie attached, introduced or produced at the hearing by either party of their Counsel and contains a true and cor rect statement of everything that oc curred at said hearing.

Witness our hands and official sig

natures. This 9th lay

1910.

McALPi

31