xt70zp3vt865_175 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Collins, Fanny v. Hatcher, John H text Collins, Fanny v. Hatcher, John H 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_19/Folder_9/0001.pdf 1921-1922 1922 1921-1922 section false xt70zp3vt865_175 xt70zp3vt865 FZOYD CIRCUIT COURT
FANNY COLLINS......... -......................CONTESTANT.
VS PETITION
_ JOHN H.HATCHER..........................x.....CONTESTEE.
The contestant Fanny Collins states,she and contes-
tee John H.Hatcher,were each candidates,opposing each other
for the office of County Court Clerk of Floyd County,atthe
regular election held November 8,1921,for the purpose of
electing County and district offices for the ensuing four
years term beginning first Monday in January 1922,tle con-
testant being the regularly and duly nominated candidate
for said office by the Republican party and the contestee
being the regularly and duly nominated candidte for said
office by the democratic party;and each of their names w as
duly printed upon the offiei election ballots used at said
election,the contentsnt's name being printed on the Hep—
uplican ticket under the device of that party-the "Log _
Cabin" and the Contestee‘s name being printed on the demp .
ocratic ticket under the device of that party the "Rooster"
or "Game Cock" in the act of croting",they were each voted
for as such candidates.
Contestant furtherstates that she received a majority of
the legal votes cast at said election for said office and
was theefbre duly and regularly elected to said office;but
notwithstanding wnidh,on account of the fraud,irregular-
ities,illegal voting and divers other illegal and unlaw—
ful acts and condutt of Uontestee and his friends and
workers hereinafter set out,the returns of the of-ficers
of the election and the canvass thereof by the County
Canvassing board showing.a majority of 113 votes for Con- .
testes. C

 . .
There sire 28 voting precincts in rloyd Uounty,and
the officers of election in each of said precincte,counted
the votes cast between Contestant and Contestee on the even-
ing of the eientfign,cerfified the votfgs counted and there-
after,within the time required by law delivered said cer-
tificates together with all other returns of said election
to the County Court Ulerk of Iloyd County,and on rriday Nov-
. dmber 11,192l.the time required by 1am,the election com-
missioners met in the Uounty Court Clerk's office and can-
Vaesed said certificates and returns and thereupon found
AND certified that contestant and contestae received in
each of said 28 precincts,the names and number being given
below,the following votes:
contestant........Uonteetee
Prestonsburg Precinct No. 1 152............. 242
Prestonsburg ” # 2 59............. 172
///// IBpot....... " # 3 56............. 256
Hager Shoal " if 4 1M............. 105
Middle Ureek " f 5 77............. 252
Spurlock " v 6 ' 57............. 149
Porter ” # 7 33............. 112
Johns Creek " fi 8 116............. 123
Cow " # 9 74............. 154
Mc.Beaver " # 10 234............. 156
Jim Banks " # 11 75............. 138
John Possum " # 12 222............. 54
holbert " f 13 128............. 104 ,
Mo.Mud _ " # 14 218....... ..... 135
Little Mud " r 15 188............. 116
2 _

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UonteStant Uontestse

Tickey Precinct f 16.......184..............92
betsy Layne " f 17.......169.............120
,,xAntioch " # 18.......1o4.............158
éi/ PainterHarve " # 19.......151............. 95
Elder Hirnn " # 20.....,.153...... .131

clear Creek " # 21.......l44............. 83
John Ant " # 22.......278.............133 4
Allen " # 23......,;gg.............107
watep " # 24.......295.............216
Martin " # 25.......210.............130
Abbott " s 26.. .... 88.............232
Little Paint " # 27....... 87.......,.,,.. 4O
Rough & Tough " # 28....... 28.............209

Making in all 3931 4044
so counted and cerfified by the election officers and
canvassing board for contestant and contestee or a majority
of 113 votes for contestee.

i Contestant further says that in each of said pre-
cincts the officers of the election by fraud or mistake
counted divers votes for contestee which had not been cast
for him,some being cast for contestant and some not
voted in the race between them;and failed to count divers
votes for contestant which had been cast for her,some
of which were not counted at all and some of which were
counted for contestee,and a correct count of the votes so 1
cast between them will show that contestant has a majority
of the votes so cast.

PARAGRAPH 2 -
Contestant further says that in each of aforesaid '
precincts various,divers and sundry voters voted for
. contestee openly on the table without first being sworn
as to any physical disability which prevented them from marking

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their ballots in the booth in secret and neither of them
did not state any phistcal disability under oath which
prevented them from marking their ballots in the booth
before so voting or at all.hach of said open votes so
voted were_deposited in the ballot boxes and Counted for
contestee and helpmake up the total vote aforesaid counted
and certified for contestee. Contestant can not now give
the names of those so voting openly for contestee but will
set same out as soon as she can secure them but she says
the number so voting for him in the different precincts is
as followszPrestonsburg # l 75;?restonsburg # 2, 75zDepot
200;Hager Shoal 50;Mdddle Lueek 200;Dpurlock 100; rorter
75;Jchns Ureek 75;vow 7§;Mo.5eaver 75; Jim Banks 75;
John Possum 40;Hc1bert 50; M0.Mud 50;Little Mud 50;Tickey
50;betsy Layne 50;Antioch 100;Painter nerve 50;E1der Hiram
50;Clear Ureek 40;John Ant 50;Allen 50;$step 75;Martin 75
Abbott 100;L1ttle Paint 20;hough & Tough 100.

Contestant further states that 20 illegal voters
voted for contestee in each of the aforesaid voting pres
cdncts making 560 illegal voters so voting for him in said
Uounty,some of them were non residents of the county and

. ‘ precinct in which they voted,some had not been residents
of the county or precinct in which they voted the time
required by law to authorize them to vote;some were
disfranchised,and some infants under the age of 21 years;
all of whioh illegal voters ballots were put in the ballot
boxes and counted for contestee and go to help make up

’ the total vote so counted 2nd certified for contestee and
should be deducted from said total vote.

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PARAGRAPH 3
Contestant furtherstates that ehe said election held
in Antioch Precinct # 18,was void and Am gotes attemp-
ed to be cast or counted therein are valid and none such
shoudl have been counted by the precinct officers
or cergified by them as having been cast or counted for any
one. No secret ballot election was held in said pre-
cinct as required by the Constitution and laws of Ken-
tucky,but on the contrary said election was held openly
and in violation of said constitution and laws.Nore than
two thirds of the voters attempting to vote in said pre-
cinct,and whose votes were received and counted by ghc
. election officers were voted openly,in the presence and
hearing of all the election officers and the public many of
whom crowdedaronnd and close to the voting place Where
they could and did see and hear how said voters cast their
votes;neither of said doters who so voted openly was
_ sworn by the Judges or any officers of the election or any
one else before voting or at all.concerning any physical dis—
ability which prevented them or either of them from voting
in the booth in secret,nor did either of said voters so
voting openly state under oath any such physical disability
before sqvoting or at all.Said open voting was allowed
and carried on by the officers of the election in pursu-
ance of and in carrying out a flraudulent arrangement and
' conspiracy entered into by them and the oontestee,his
friends workers for the fraudulent purpose of enabling
said contestee,his friends and Workers to bribe voters to
vote for him and to know whether they voted for him in

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accordance with said bribe agreement,and further carrying
out saidfraudulent arrangement and conspiracy and to let
theWorkera on the out side know the voters had voted as
they werebribed to vote,Ccrtest2e,his friends and workders
prepared for sad; voter a ticket or list of names of
candidates the voter was to support,uontestee's'name being
on each ticket and gn"e this tick t to the voter who
delivered it to the officers of the election and thereupon
they voted the ballot of the voter for the candidate
nared on ewid ticket 7rd stamped it on the back with the
voting stencil,then returned it to the voter who returned it
to the voter who returned it to Uonteeee,his friends and
workers on the outside by which stamp they knew,accord-
ing tcs id nrevious arrangement and conspiracy,that the
voter had voted for Contestee and the other candidates fl use
names mere on said ticht. There were at least 153 of the
voters atiemptin; tc vrte in caio freeinct who so Cz@t
fi;err votes for Cortestee P?Cle it the may and manner
above set cut.Also in many other instances the officersor
some of them went into the booth with the voters mid there
anthhed then vote and electioneered with them and caused
them to vote for Contestee,and many illegal voters,infants
and non-residents were alloved to vote for Contestee,
pursuant teasid Conspiracy for all of which reasons and
facts,said election in said precinct is void and
should bedisregarded entirely and the total 158 votes counted
and certified therein for contestee should be deducted
from his total vote counted for him in said precinct.

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PARAGRAPH 4

, Contestant further states that the said election held
in Depot Precinct #3 was void and no votes attempted to be
cast or counted therein are valid and none such should
have been counted by the precinct officers or certified
by them as having been cast or counted for any one. fie
secret ballot election was held in safl precinct as required ‘
by the Constitutuionand laws of Kentucky,but on the con-

= trary sid election was held openly and in violation of said

Constitutuion and laws. Nore than two thirds of the voters
attempting to vote in said precinct,and whose votes were
received and counted by '&w election officers wereroted
openly ,in the pr sence and hearing of all the election
officers and the public many