xt70zp3vt865_329 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. Williams, W.W. v. Wheeler, C.B. [Part I] text Williams, W.W. v. Wheeler, C.B. [Part I] 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_29/Folder_7/11489.pdf 1928 1928 1928 section false xt70zp3vt865_329 xt70zp3vt865 F L O Y D C I R C U I T C 0 U R T.
W; W. WILLIAMS, PLAINTIFF.
VS: DEBUSITICNS FOR PLAINTIFF.
C. B. WHEELER, DEFENDANT.
The deposition of W. W. Williams and others
taken at the law office of Barkins & Harkins in the
Uity of Prestonsburg, Floyd County, hentucky, on the
50th, day of January 1928,persuant to notice hereto
attached, to be read as evidence on behalf of the plain-
tiff in the above entitled cause now pending in the .
floyd Circuit Uourt.
The witness, W. W. Williams, being by me first
duly sworn testified as follows:
Q. Please state your agelesidence and business? I
A. Fifty years old. reside in Pr stonsburg and
practice law.
A. For how many years have you been engaged in the
practice of law?
A. Since 1909
q. During that time have you been continually and
actually engaged in such practice?
A. I have
Q. ~1-

 Q. If you have been Circuit Judge of the 51st, Judicial
District of hentucky, please state that fact and for what
term?
A. I have, from 1921 to 1928.
Q. During that period of time have you constantly resided
and do you now reside within the territorial limits of the
31st, Judicial District of Kentucky?
A1 I have and I do
Q. Who was the Democratic Nominee for the office of Circuit
Judge of the 51st, Judicial District of Aentucky, and who was
the Republican Nominee for such office at the November Election
1927?
A. I was the Democratic Nominee and C. B. Wheeler the Rep-
ublican Nominee
- Q. To whom was the Certificate of Election issued?
A. C. B. Wheeler
Q. Prior to the date of the election, state whether or not,
you prepared or caused to be prepared and signed and swore to,
the pre-election statement of expenses incurred by you setting
out the different provisions required by the Statute to be set
out in such pre—election statement and filed the same with the
‘ officers prescribed by the Statute?
A. I did
Q. Within thirty days after the election, state whether or
not you prepared, swore to and filed with the officers designated
by Statute, the Post-election expense accoount required of all
candidates?
A. I did.
' The further taking of these depositions is adjourned un-
til Tuesday, January 51st, 1928.
-2-

 Signature Waived.
mm.
Met persuant to adjournment Tuesday January Slst.,
. 1928, and proceeded with the taking of the deposition of

said witness.

Present on this day W. W} “illiams. plaintiff, and
Joseph D. harkins, plaintiff's attorney, and E. P. Belle,
attorney for defendant.
Q. Did each of the statements filed by you under the
Corrupt Practice Act truly and correctly set forth all the
facts within your knowledge and information whichare required
to be disclosed by the Corrupt Practice Act?
A. They did
Q. With the answer filed by Judge Wheeler, he has filed
a certified copy of your pee-election expense account and of
your fost-election expense account, are you willing to refer
to those COpies and make them a part of your deposition in
this case?
A. 1 am
Q. Did you, or any one for you, with yo r knowledge
or consent or approval expend any sum of money or other thing
of value for the purpose of bribing voters to vote for you
at the November election 1927?
A. I did not, if any one else did I knew nothing about
it then and know nothing about it now
Q. it is charged in theznswer inthis<3ase that you raised
and provided a campaign fund of more than Ten Thousand ($10,000)
Dollars for the purpose of bribing and corrupting voters to vote
for you in that election, please state whether or not this is a
fact?

, ~5~

 A. It is not
Q. was your financial condition such, prior to the elec-
tion, or now, that you could, even if you had so desired, have
provided any funds to be used for election expenses, or for
bribery or corruption of voters?
A. It was not then and is not now
Q. Irior to the eledtion what was yourfinancial conditions?
A. Everything I had in the way of real estete had been sold
and the right of redemption had been sold.
Q. During ycur term of office and before the election, if
your pruchased a tract of land, here in Erestonsburg, and con-
structed a house thereon, please state that fast?
A. I did
Q. Did the construction of such house involve you in debt
and require you to borrow money?
A. Yes sir
Q. Afterwards was suits filed against you incident to money
borrowed upon this house and other expenses growing out of the
construction of the building?
A. Yes
Q. About what time was the sale of the prOperty?
A. As well as i remember it was in July 1927
Q. And it was afterihat tiem that the equity of redemption
was sold?
A. I think it was sold in September or Uctober
Q. Since that time have you been possessed of funds with
which you could redeem your property? either from the original
sale or the sale of the equity of redemption?

‘ A. No sir, could not and cannot.

-.4--

 q. Did you, for any purposes incident to said election,
expend or incur expenses or liability for expenses for any
amount in excess of the @2500.00 limit prescribed by Statute?
A. I did not
Q. “id you even eipend the amount authorized by Statute
to be expended for legitimate purposes?
g. I did not
Q. Did you expend any amount of money or other thing of value
incident to your campaign other than is set out in your expense
accounts?
A. 1 did not ‘
Q. it is charged in the answer that you entered into an
agreement with different and divers persons under indictment
in the floys Uircuit ”ourt to the effect that if they would
support you in your campaign for this office that you would
dismiss the indictments ppnding against them, state whether
or not this charge is true and whether you made any such.agree~
ment with any person or pezsons? '
A. The charge is not true and 1 never made any such agree—
ment with any body
Q. It is further charged in the answer and as a counter
ground of contest that you entered into agreements with dif-
ferent and divers persons having civil and equity cases and
motions pending in your court to the effect that if they
would support you in your campaign for this office that you
would decide such motions and cases in their favor, please
state whether or not you made any such agreement, or promise
to any person or persons?
A. I did not

-5-

 Q. You have filed with your petition and grounds of
contest herein a certified copy of the petition filed by
a large number off-persons claiming to be legal voters
Within the 51st, Judicial District of Aentucky to have
the name fi‘f the defendant, U. B. Wheeler, placed upon
the ’balllts to be used in the 51st, Judicial District of
hentucky as 3. Han Jr‘artisan Judiciary Candidate, will you
refer to, adopt and make a part of this deposition such
certified. copy filed with your petition?
A. I will ‘
Q. Did the name of thedefendant, C. B. Wheeler, ap-
pear upon the ballots in “loyd ::ounty, “entucky as a Non
Partisan Judiciary Candidate?
(Defendant Objects)
A. It did
Q. Did the name of thedefendant, C. B. Wheeler, appear
upon the balllts used in Rhett Uounty, Kentucky, in said
election under the name Non Partisan Judiciary licket?
(Defendant Objects) I

A. It did not
Q. Have you a copy of the official ballot as used in
Knott Bounty, Kentucky in said election?
A. I have
Q. Under the name of what ticket did the name of C. B.
Wheeler appear as a candidate for Uircuit Judge in Knott
Bounty. lkentucky‘? ‘

(Defendant Objects) '
A. Independent Candidate and also Republican Candidate
Q. Are you willing to file the copy of the ballot to
which you refer and make it a part of your depositions?

..5- .

 (Defendants objects to question and to she filing
of the Exhibit) -
A. Yes sir
Q. Did you, prior to the date of the electi.n, in nhott
County, Aentucky, see a sample ballot prepared by the printers
showing the form of the ballot proposed to be used in knott
County, Aentucky at said election?
A. I did not. i saw it afterwards
Q. Did the sample ballot prepared to be used in hnott
County, Kentucky show that the defendant was a candidate
for the office of Uircuit Judge of the 51st, Judicial Dis—
trict under the Non fartisan Judiciary Ticket or under the
Independent ticket?
(Defendant Objects to question)
fl. The sample ballbt showed that he was candidate under
the Non-Partisan Judiciary Ticket:
Q. Did you afterwards see the official ball:ts which
were used in Knott County inaaid election?
A. I did
Q. On the official balllts used in said county in said
election, state whether the name appeared thereon as a Non
Bartisan Judiciary Candidate an as an Independent Candidate?
(Defendant Objects)
A. His name appeared as an Independent Candidate and not
as a Non Partisan Judiciary Candidate
(Defendants excepts)
q. have you heretofore furnished to your attorneys in
this case a copy both of the sample ballot which you saw
and of the Official Ballot used in said county in said elec- .
tion?
(Defendant Objects)
-7- ,

 A. I have
an (Defendant Excepts)
Q. Are you now able to file with the Notary such copies?

(Defendants objects and excepts) i
A. I am not at this time
Q. Why?
A. I left one of them or both of them in the office of
James and Hobson and in moving their office they'my they
misplaced them insome way and 1 do ot have them before me
how
Q. Will you procure these or othe; copies of such
ballots and file and make them.a part of your depositon
of this case?
A. I will

(Defendant objects and excepts)
Q. Did you know, or have any knowledge or information
prior to thedite of the dection that it was proposed or
intended to place the name of U. B. Wheeler upon the offi-
cial balllts in Knott Vounty, Kentucky as an Independent
Candidate under his picture as a device thereof in lieu of
placing his name uponssid ballots as a Non fartisan Judiciary
Candidate with his picture as a device of such ticket?
A. I did not
- (Objects and excepts)
In
CROSS EXAMXNATIEN BY MR. BELLE, ATTORNEY FOR
DEEENDANT. .
Q; ,At the time that you filed your pre-election expense
account, where were you at the time you filedtthat state-
. ment,Judge?
A. At Mr. James Office.
«8»

 Q. Where is Mr. James Office located?
A. Prestonsburg, kentucky.
a. On the 22nd day of Uctober at the date when you
swore to this expense statement, didn't you make a speech
at Gcarr Church in Knott Uounty?
A. I made a speech there but 1 don't know whatUhurch in Knott Uounty, did you return to Prestonsburg, -
nentucky?
A. Very soon, I am not sure whether it was the next day
or the day following, but a short time
n.9—

 Q. What means of travel did you use to return from Old
Carr church in hnott Uounty to frestonsburg, Aentucky?
A. The first time I came back in Automobile as I remem-
ber the second time I rode horseback
Q. Did you deliver two speeches at Old Carr Church in
K ott Bounty?
A. Only one
Q. You spoke of returning one time from Old Carr Church
horseback and one time in automobile? If you only made one
speech there at Old Carr Church, how did you return from the
church here?
A. I think I rode horseback
Q. In filing your pre—election expense account did you
set forth in the said statement the various items for which the
said sum was expended as are called for in the Statutes?
A. I set forth the sums that are in the expense accounts
Q. Did your expense statement disclose all sum of money
spent by you and by your friends an promoting your candidacy
for the Office of “:rcuit Judge?
fl. It did
Q. Who swore you to your post-election expense account?
A. A. C. Carter '
Q. Did your post election expense account set forth an
itemized statement of all funds spent by you and your friends
in advancing your candidacy for the office of Uircuit Judge?
A. It embraced all that I spent and all that my friends
spent so far as i knew, or know now
m

The further taking of these depositions is adfiourned
until tomorrow morning, i“ebruary 1st, 1928, at nine o'clock
A. M. -10”

 Met persuant to adjounnment on Wednesday, Bebruary l, 1928,
and proceeded with the taking of said deposition.
Present: Plaintiff, W. W. Williams, and J.D.Harkins, atty.
Defendant, C. B. Wheeler.
fiy Agreement of the parties the further taking of these depositions
is adjourned until Thursday, February 2, 1928.
Met persuant to adjournment on Thursday, February 2, 1928,
and proceeded with the taking of said