xt70zp3vt865_330 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 II] text Williams, W.W. v. Wheeler, C.B. [Part II] 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_29/Folder_8/11277.pdf 1927-1928 1928 1927-1928 section false xt70zp3vt865_330 xt70zp3vt865 The further taking of these depositions is adjourned
until Saturday, Ebbruary ll, 1928 at 9 o'clock A. M., or
as soon thereafter as the yarties meet.
3 fiab3 Efiblic,floj3 Cofihty, Ky.
K
3; abreement of the parties the further taking of these
depositions is adjourned until Honday, February 13, 1928, at
e oicloch h. M. or as soon thereafter as the yarties meet.
I a g» ' > '
222W milligram" ~ ~~w
Le1ury ;uolic, Flowau53unt37ffi;.
V
‘\~~i,,
hot yersuoht lo hijaurnuent aha :roceeied ;ith the
takinb of these as; eiti us.
breecnt: Joeegh D. 1:rfiue, Afi9TE9Y ‘
for Elaintiff. -
C. 5. wheeler, Defenihnt.
Lie witness, Iom hall, beiub first by me duly sworn
’. teetiiied as follows:
Q. mthte your age, residence end business?
A. 35 years old, Minnie, Ky., Farmer
Q. Are you acquainted with the glairtiff, w. w.
Williams and the deiengent, C. 3. wheeler?
A. ies sir
Q. Lhere were on the day of the election hovember
1927?
215

 A. i was on Left fieaver at John Ant rrecinct
‘w What Wit thg CQCLElOn of your being at that gracinct
an thlt fl;y?
,l. I was imtw;cstei in th& alefiiivn
g. Tu: y?(& var; yea Lurticularly interested?
A. G. E. Stumbo
Q. i believe he VLS Democratic Nominee fer Circuit
Clerk?
A. lee sir
Q. Did you see Judge Wheeler on the electimh grounds
that day?
A. lea sir
a. how early in the morning and hov late in tie day did
you see him there?
A. Well 1 saw him about Six tLirty l sugpose in the
morniwg and in the evening 1 will say up until aucut three
o'clock
Q. Did you huwe any mongy thete wLicL yum were using
in fartlcr;nce of the CLLdidgcy of fir. Etumbo?
A. Yes sir '
Q. DO you than of any one else having mowey there en
till t d 513,? T
A. lee sir
g. Tell who it was?
A. Dewey Stumbo
g. 3&5 a jewey a brother of Cliver?
A. 163 sir
g. 33w much money did ytu have, Hr. hall?

214

 A. I don't know .
/g. JJO greaz :1m3w 1 cu' nulcli’DeK ey’liadf?
A. ix} sir
5. Did ymu eze any oi tie republicans there LEO Lad
hmuey?
A. L0 sir, not as i remember
g. Were tiers any other electicn workers tlan y u and
Delay for any of the Candidates?
A. Ice sir I think so
@. luhc'uere t 0 other workers that gun remember?
fig 1 Saw sliel; hell seemed to be interested, henry
Taekett, Wil iam Green E;cket, tier; might u been ; :em ethers,
Qut 1 don’t remember at the present
Q. were Eenry T ckett and Lillian Hreen Leclett republicvn
s t 1‘ :'a far 8 ‘8
A . C} Si 1"
Q. Democr Lie?
A. lee sir
5' Were YOU and Dewey Stumbo active all during the day
in trying to get votes for Oliver Stu be?
A. l was a griueigle part of the day
Q. What did Judge Wheeler seem to be doing all the; tine?
A. Well it was an awful reugh day thzt day and Judge
Lheeler just seemed to ;e kindly walking around and talking to
Same of the people there in the precinct
Q. Did you see Judge Mheeler with any money there th;t \
day? -
_'"1. I l: O S i 1‘ v m “WW 7’ 7-7 W ‘ »

215

 Q. Do you thew of Judge Wheeler hevina any money there
His; t day?

4k. 110 six

Did he 0‘: any for 31111: (31.11:; Lit}: you :31" Dexey in
Getting vctee on th¢t day?

2. Lot vith me I don't £30m about Dewey

2. W23 tbete any understwndiué LI abree;eut between you
and tie ether workers for Jr. Stumbo :nd Jud e fileeler thut you
tguld 211 tork for tie bereiit of Cliver and Judge Ukceler?
A. Jet with me

E! Rid Luv wuy .ny vetee tlerc en tTut duy?

A. (Defendant ijects}

._ . Well I :_aid some -ex. I don‘t 'Eir'ugu; 1,3,0 tiyey veted
for

Q. Did you have an und;;stunding wit: theee Lurtiee for
whom.tkey were going to vote?

A. yes sir

Q. Hid that underetzrdinb include tLeir vetjng for JudQe
Wheeler?

A. some did {me some didn't

Q. be? many votes thvt you gzid for included their agree—
ing to vote for Judge Whaeler?
A. i don't know

Q. “hat preyortion of the numbe of votes that you g;id
for on that day carried Judge Wheeler‘s name as a pert of the
ticket thgt you were paying them to vote for?
A. Aoeut four~fifths (4/5) I would guess
Q. Give as best yen—tan the number of voters vLem you guid
to vote in that electitn?
216

 a. I didn't gay none to vote for JuiQe wheeler, if thot
is the gnaeticn, ——n-~- alriéht i couldn‘t state the number
a. filere ‘Mieie s;s nkaiy ; s fiiig“?
Al 30 sir
{.'; . 25 ‘3
A. Io sir , I wogid ;ueee twenty (2L)
g. Tlat vs; the piergbe 53:06 Cl YQCES Ch th;t day?
A. I paid felloxs $5.00 ;nd $6.00
g. in addition to the humb;: thut you DGQLLC in; :;id
for, do you Inom oi Jewey fitumbo buying end Qtyilb others?
4g. l sex: 11:11 ygitlg iituzegr, I r; ol;oy; tl;:'t KSLJ; :3.; t lie wage
(l of}. 11:5
Q. hid you see elieh: ELll oryia; ind yayi2¢ for votes? I
A. 10 sir
;. how goout henry iackett and William Green T;Ckett?
A. flied not
q. Do you Luau Ellis Eartin? _
A. Yes Sir
Q. Did you see him there on the election grounds?
A. I saw him there
Q. Hhtt has Ellis doing?
A. I saw him get a fellow out on the railrogd tr ck to
m:he a speech for Judge Williams
Q. who nae Lllis Martin surfiorting in the Qircuit Ulcrh‘e
T908?
Ag 0. H“ Stumbo
g. was he aiding you anerewey htumbo in getting votes
for Llivor Stumbo?
A. Well he seemed to be iatereeted in Oliver, he wasn't
but for a short time _

. 217

 Q, Did you tilk to Judge Hheeler ht different times
during the day?
1h Cnly twice, I believe, the best of my recollectiLn
@- list hEE the Dooneion of these convereuii re?
A, 1 rent to him in the morning ind'iold Judge thct

, evcrhody nearly'wce for him up there :nymay 7nd not to fight
us to hard in thgt pro inct; that he didnft need the help
and we did, and I text to him in the lust conversation and

all

told him I had spent/my money and to let me hive some and I
would carry him on the ticket ind Te told me he didn't have
it
Q, uid you, at any time, on that dgy or prcyiogs to that I
day get any money from Judge Wheeler?
A. I absolutely did not
Q. JJid you get $25.00 or any other sum or amount from him
during either of these conversations?
A. Did not
Q. After the money give out which you h d there did you
get uny other money from.eny other source?
n. ho sir I went to the inside of the election house '
Q. Can you now recall the amount of money you had or
obtained or used at that election grecinct?
A. In the neighborhood, 1 think, of $100.00 .
Q. Did you comply with the promise you mode to Judge
Wheeler in tkis second conversation to him.thct you neu.d
carry him :long with Oliver?

(Defendant ijecte) for'me recson that the
witness he; not et.tedlthnt_he_agreod to curry Iheeler on the
ticket except in theevent he would let him have the money)

218

 A. I didn't get any money

Q. Wes your gromise to Judge Wheeler trot you would

carry him on the ticket conditioned upon your getting

money from him?

A. Xes sir, but 1 co ldn't Gerry anybody without money

Qeoause my money had run out

Q. hfldle you had money did you carry Judge Lheeler along

on the ticket?

A. host of the time, thit was my feelings

g. Ehen you were tryin; to carry Oliver Stumbo ;Iong

:s 2 Democratic “amines for Uirouit Court Ulsrk and Judge

Wleoler along as the negubiioan romonee for Virouit Judge,

is that correct? '

A. Ies so it: as it made no diiference with the voter

Q. Eid Judge Wheeler know that you were working for his

cenefit LS tell as for the benefit of Oliver?

5. I don't know, I told him I W;s for from start to

finish

Q. And you endeavored to do everything y u could to in-

e ude Judge hheeler on the ticket with the votes you were

buying for Oliver Stumbo

h. , AS f;r as they had no objections as to which Judge

tley voted for '

Q. “id you tell Judge Wheeler at any time during the

day thgt you were oorrying him along on the ticket with

Oliver?

A. E0 sir '

Q. Did he know before that duy, or early in the mornint

of that day that you were for him from start to finish?
219

 L. I don't know whether he knew it or not, i tmld

him that

Q. dhen wee it you told Jud;e lheeler you were for him
from stmrtto finish?

A. I would guess it to be about thirty days befure the
election

Q. Where‘were you when you told him th t?

n. i tee at the home of Doll Gipeon

Q. irior to the election hed any peesen other than
Olive; Stumbe frrnished you directly or indirectly any money

. to be need in tlie electicn?

A. No sir

g. Judge Lhcelrr was ar.und on the grounds there it the
91:09 of the election where you end Devey Stumbo mere ec-
tively engaged in ymur work was he not?

A. 165' sir, part of the time, i don‘t tliint: be c.“ there
all the time, if he was i didn‘t nutiee Lim

03053 lllLILATEMU BY n03. C. B.
PEEELhR, DbllfifinfiT.

Q. “0 you live and vet; in John Ant Precinct?

A. Yes sir

Q. how long have yen lived there?
A. All my life .
e. Are you acquainted with the people, legul vote 5

of the precinct?
A. Yes sir '”“””"““"“‘

2L0

 Q. ware you ;cquzirted uiih the eentiment of the £90-
:16 of thot ;recinct, prior and ug to the election?
A. lee sir
Q. wrut nus that sentiment with reierence to candiiacy
of Judge fiilliums and myealf for Circuit Judge?
A. i would say mmam nine—tEBths (9/10} of the ,eople
mere for Judbe fiheeler
Q. Wlut race was ;rirciyally ccutesred there?
A. Q. L. btumbo und nobcrts for vircuit Clerk
Q. Lhen in getting votee for Stumbo you merely
gluced my rune On the ticlet because you were gersunally
for me and the voter vented to Vote for me? .
A. Yes sir
@. You speak of some three or four workers, did you hear
either of them say whether they bud any money there for
Judge tilliems?
(Pluintiff Objects)
A. Yes sir
g. wrist one of them and how much?
(llajutiff Objects)

A. wm. Green Tackett told me he had @250.00 of Judge
Williams money

(flaintiff Exoeyts) .

And further sayeth not.
bignuture maived.
221

 The further taking of these depositions is adjourned
until February 14th, 1928.
‘ , p .7" _
Md. {\— KL .._"vx.
Notary Public, Floyd County, Ky.
Met persuant to adjournment and proceeded with the
taking of these depositions.
Alex H. Davidson, being called as a witness, after
first being duly sworn by me, testified as follows: I
Q. State your age, Residence and business?
A. 54 years of age, Prestonsburg, Ky., Clerk in the
Bank Josephine.
Q. Are yiu acquainted with the parties to this action, I
Judge Wheeler and Judge Williams?
A. Ees sir
Q. Are you also acquainted with George T. Roberts?
A. Yes sir
Q. what relation is George r“oberts to you?
A. Drother in law
Q. was George Roberts a candidate for any office at the
November election 1927? If so for what office and on what
ticket?
A. He was candidate for Circuit Court Clerk on the
Republican Ticket
Q. Were you active in aiding your brother in law in carry-
ing on his campaign?
A. Yes sir , ‘ .
' 222

 Q. To what extent were you so active?
A. Helping him in any way I could is all
.' Q. Were you present at, and @articipate in any of the

conferences and caucuses held by the republican dandidatee
and campaign committee prior to the election?

A. I can't say that fi.was

Q. I believe that/g3: regularly a democrat?

A. Yes sir

Q. Were you in or about Judge Wheeler's residenceat

any time when conferences were being held relative to the

ca mp3 ign ?

A. Well I was at Judge Wheeler‘s house a few times

but I can't say that there was any conferences being held
-at the time Ivras there

Q. When were you at Judge Wheeler's house with relation
to the time of the election?

A. Well I was there three or four times, maybe more,

just before the election, only stayed a few minutes each time.
Q. What was the occasion of your being at Judge Wheeler's
house at the times you have mentioned?

A. On account of Judge Wheeler and George Roberts being
on the same ticket; I would just stoQ in to see what Iczould
find out

Q. Who else did you see at Judge Wheeler's house at the
times you were there?

A. Well, different people at different times, ---» Sometime
there maybe wouldHBt be scarcely anybody and other times there
would be more, most of the.time it was just members of his
family or kinfolke

225

 Q. At any of the times you were there did you see

Judge Ferguson or Mr. Edward L. Allen?
A. ¥es I have seen them there

q. Were you at Judge Wheeler's house on the Friday
night before the election?
A. I stopped in there just a few mdnutes
Q. Were you there on the Saturday morning before the '
election? .
A. ?on't_think I was
Q/ At any of the times you were at Judge wheeler's _
residence did you see any money or packages or envelopes
containing money?
A. I did not
Q. What portion of the house were you in when you were
there?
A. Practically all the time I was there I was down
stairs in the office
Q Were you ever present at any of the meetings or
other wise in the upstairs room or rooms?
A. Well I think I was upstairs a time or two, but there

> was no particular meeting that I know of --—- one time I remember
I we, talking to my brother, Jim,_upstairs
Q. Was there any one in particular in charge of Mr.
Roberts campaign?
A. None that I know of
Q. Up until a few days before the election was there
complete.harmony and cooperation between the republican nominees
particularly that portion of'them represented by George Roberts
on me one hand and Judge “healer on‘he other hand?
224 V

 A. Well I don't know anything about the harmony, I was
just doing all I could for George Roberts

Q. Up until a few days before the election, was the<3am~
paign being prepared for the joint benefit of all the republican
nominees, including Mr. :Roberts and Judge Wheeler, orxuas Mr.
Heberts making his own organization and preparing for his own
individual fight? -

A. ngl as far as I know, he was looking out for himself
alone

Q. Now a short timebefore the election was there any
change of conditions whereby Mr. Roberts and Judge Wheeler were
consulting and planning upon a joint campaign rather than an
individual campaign?

A. If they were I don't know anything about it

Q. Was there any joint or concerted plan of action worked
cut for the benefit of Mr. Roberts, mr. Fitzpatrick for Senator,
Mr. Allen for Representative and.Judge Wheeler for Gircuit Judge?
A. Not that I know of

Q. when if I understand you correctly, Mr. Roberts at all
times up to and including the election was making an individual '
fight for himself, rather thin joining in with the other repub—
lican nominees and making a joint fight for the entire republican
ticket?

A. I only know that the precincts that I had anything to
at with that goo. Roberts made his own fight and I don’t know
anything about any of the rest of them

Q. ”id you make any fight any of the precincts that you
had anything to do with for any person other than Mr. Roberts?
A.‘ I did not

225

 Q; j~ Did you endeavor to get the voters to vote for Mr.‘
Roberts and for no other candidate on neither ticket?
' A. Yes sir .
Q. In what precincts were these?
A. _ngl I only went to one myself, but I sent men to
several others --- Joe Davidson went to Bull Creek ( Jim Banks)
Precinct, John W. Allen for Rough & Tough, Sam ispradlin to I
Abbott, Bill Blackburn to Depot and Wates may to Parter and Lee
may to Baffalo and I believe that all; I was at Jim Polk precinct.
Q. Was there any one at Jim Polk Precinct making a fight for ‘ I
Judge Wheeler or for'me straight republican ticket?
A. Tom.fierris seemed to be the most active
q. What kind of fight did Tom Harris seem to be making?
A. Well he seemed to be making a republicen fight
,Q. Did'you see Tom spending money there that day?
A. Yes I saw him spend some
Q. Did he seem to be pretty active in getting around with the
fellows who ordinary are looking for money in exchange for their
votes?
I A. Yes
Q. be you know how much money Tom Harris had there? ,
A. No I do not -
Q. Can you tell about how much money you saw him spend?
A. I didn't see him spend very much
Q. Did you spend some money yourself?
A. Yes sir
Q. In any of the negotieticns.with any of the voters that ycu
had was Judge Wheeler's name carried on the same ticket?
A. lee sir
226

 Q. How many voters did you spend money with for voting
on that day where the ticket that agreed with you to vote
included Judge Wheelers name?
A. I couldn't say, but there wasn't very many
Q. What was about the average price of votes in that pre-
cinct on that day?
A. Wéll I paid as high as Ten Dollars
Q. Eor how many years have you been interested in, and
actively engaged in politics in Floyd County?
A. About eight or ten years
Q. Are you acquainted with the reputation of the voters
in Jim Polk Precinct among the people and politicians and
i from what the people nd politicians saysxbout it, as to whe-
ther or not, a large percentage of‘he voters there have to-e
be paid money or othei thing of value before they will vote
in the election?
A. les sir I am well acquainted with the precinct --- I
am also acquainted with the reputation of the precinct
Q. What is that reputation, good or bed?
A. Bad
Q. From your knowledge and acquaintenance with the precinct
and the voters therein, what percentage of the voters there in
your judgment, are vote sellers and have to be paid before they
will vote?
A. I would say sixty per cent
Q. Is it usual and customary in all elections for each poli-
tical party to send to that preiinct large sum of money?
A. Wéll if they don't they don't do much good
227

 CROSS EXAMINATION BY C. B. WHEELER,
Q. Who was working in Jim Polk frecinct for Judge fiiliiams?
A. Elige Gable, George Goble, “enry Stephens, Ike uoble,
Ricey hatney and Glen Burchett were the most active
Q. Did wither of those strikers use money to get votes for :
him?
A. ies sir
Q. Did you see them pay the voters money?
A. Yes sir
Q. Did they have liquor there also?
A. Yes that crowd had plenty of liquor
Q. Was some of Judge Williams Strikers drinking to an ex-
tent that you could tell they were intoxicated?
A. Yes sir
Q. Did they also have pistols?
A. Some of them did
Q. What were they doing with them?
A. Well Elige Goble shot twice, I believe and mhnmmmnme he
fine just flourishing it around
Q. Where was he when he shot?
A. The first time at or about the steps of he voting house,
and the other time he was about fifteen or twenty feet below
the voting house
Q. §o you know the cause of the shooting?
A. No I don't know v
Q. What sort of a building was the voting in?
A. School house _

228

 Q. What sort of voting places did they have on the in-
side of the house?

A. They voted on desks, school desks

Q. , was the public allowed to stay in the house while
voting was going on?

A. Yes

Q. About how many would you say was in the house while
voting was going on?

A. There was a large crowd all day

Q. Could any body come in that wanted to come?

A. 1es

Q. Do you know whether any one saw how voters cast their
ballot, or not?

A. Anybody could see them that wanted too

Q. HYou remember how the vote stood in that precinct be-
tween myself and Judge Williams?

A. As I remember Judge Williams got 77 majority

Q. With reference to meetings at my office or residence ,
describe the residence and office and its location, if you
can?

A. Well the building is located on First Street and as
you go into the building you to into a small room, or ahall
and then to the right into Judge Wheeler's Office, and I
think there is an opening into another room and that is also
used as an office, and then I think the kitchen or dining room
is back of that and I am not very well acquainted with the up-
stairs of'me building

Q. fhen on the right of this hallway or front room where
you enter there are two r oms used as office rooms, the back

‘ room containing the library, is that correct?

A 229

 . A. Yes air that is correct
Q. The kitchen and dining room referred to are entered '
through this front hall are they not?
A. Yes sir
Q. The location of the building is in the center part
of the town near the Elizabeth Hotel, is it not?
' A. Yes sir
Q. During the campaign, isn't it a fact that various
people would step into the office, which was near the street?
A. Yes several people come in and out at the time I was
there
Q. Do you not also understand that some of the democratic
organizations met at my office occasionally?
A. Yes I saw democrats there
Q. F. P. Belle, who was Vice Chairman of the Democratic
Campaign Committee has his office there, does he not?
I A. Yes his office is there
Q. Do you kgow whether the Democratic Chairman, Doug
hayes, and other democrats --— Elie Spradlin held conferences
in there? ’
A. W311 I think they were there, Itbn't know what they
were doing
RE-DIRECT EXAMINATI N BY HON. J. D.
HARKINS, ATTY., FOR PLAINTIFF.
Q. Did anyone else have liquor at this precinct on that
day other than the Strikers for Judge Williams?
A. I din't see anybody else have any
Q. Approximately how many voters did you pay to vote for a
ticket which included negate“?
230

 A. Not very many we didn't get very many votes
Q. Give your best judgment as to the number?
A. I would say 15
Q. Does this 15 include any of the number with whom Tom
Harris and the others working with him had business?
A. Yes
Q. Do you Know of any other voters, other than the 15 .
you have mentioned who voted for Judge Wheeler andxmho were
paid for doing so by any other person?
A. No I don't know of anything being done except what I
participated in myself
Q. As to these 15 voters, did you make the arrangements
with them and do the aying, or did you and Tom harris work
in conjunction with each other and he do the paying, or a
“ part of it?
A. Each one of us paid our part, or I paid George Roberts
part
Q. And the remainder over and above what you paid for
Geo. Roberts' part was paid by Tom Harris with money which
he had there, was it?
A. Yes sir
Q. How did you and tom divide this money or expenditure?
A. Well whatever we had to pay -- I just put up half for
George Roberts and he put up the other half, on most of them
I remember one that I put up Six Dollars and he put up Two
Q. Did Tom Harris tell you for whom he was putting up the
money?
(Defendant objects)
251

 A. He didn't particularly say, most of the time he would
have a ticket made out and I would go my part to get George »
Roberts name on it

Q. iid these tickets which he had made out, at all times,
include Judge Wheeler's name?
A. ‘Yes

Q. Did you make out some tickets for the voters with whom
you conducted the negotiations andihen let Tom in on it?

A. Yes I let anybody in on it that would put up their part.
Q. Whose name did Tom harris request to be put on the
tickets that you had made out _and where he came in with his
share of the money?

A. The way I remember --- when Harvey Howard and myself
harvey was helping me —- —— would get ahold of a floater

we would find out who he wamted to vote for for Judge and we
would put the ones name on the ticket and either go to Tom
Harris or one of the Gobles, depending on who he wanted to
vote for,

Q. would Tom Harris always come in for a portion of the
pay whenever a ticket included the name of Judge Wheeler?

A. He come with his part every time but the one that I
mentioned; he said he only had the Two Dollars and I put up
the Six

Q. Was Tom.Harris offered the opportunity to come in on
any ticket that did not include the name of Judge Wheeler on it?
A. I can't say that he was, I don‘t think he was

. Q. Whey was it that you went to Tom Harris to chip in for
any voter when the tifket included the name of Judge Wheeler
on it?
232

 A. I knew that Tom Harris was for Judge Wheeler, I knew
Goble was for Bill Williams
Q. find you also knew that Tom Harris had money there on
the ground?
A. He had it until along up in the evening; then he said he
st broke
Q. Did you see B. L. Porter there on the election grounds?
A. Yes sir I think he was there all day
Q. "hat did you see him doing?
A. Nothing more than just standing around
Q. Did you see him in frequent conferences with Tom
Harris, or see Wom.going to him on different occasigns during
the day?
A. Well he talked around considerably --- As I remember
he stayed in the house most of the time
Q. Did he come in with any money with you on any occasion
on that day?
A. I think he put in with me on paying a boy for an auto-
mobile is all the money I remember of him having
Q. You went flmm to Porter for money, that is his part,
when it came to automobiles and to Harris for money,that is
his part, when it came to paying for votes, is that correct?
A. No I think Bertram come to me to help pay for the
automobile
RE-CROSS EXAMINATION BY HON. C. B.
WHEELER, DEFENDANT.
Q. When your voter wanted to vote for Judge Williams who
chipped with you for him?W'
235 V

 A. Some of the Gobles
Q. 131d that happen very often?
A. No not many times
And further sayeth not.
Signature Waived.

“lso the deposition of Larce Burchett taken at the
same time and place, the witness being forst duly sworn by me tes-
tified as follows: .

Q. State your age, residence and business?
A. 56 years old. Prestonsburg, Ky., Tipple Foreman
fo Colonial “cal & Coke “0
Q. _ Age you aeguainted with the parties of this action
Judge Wheeler and Judge Williams?
A. Yes sir
Q. Were you at the election grounds in Prestonsburg
Erecinct No. h., on the day of the November Election 1927?
A. Yes sir
Q. Were you there in the interest of any political
party or any particular person?
A. Yes. The main man I was interested in was George
Roberts
Q. Were you also interested in the whole of the republican
ticket or in Judge Wheeler?
A. No I Wasn't interested in the whole republican tifiket
Q. Were you interested in the election of Judge Wheeler?
A. - Yes .

234

 just a little bit now not much, the main man I was interested
in was George Roberts.
Q. You Were friendly toward the candidacy of Judge
Wheeler, weren't you?
A. Yes in order to help my other man out sometimes
Q. Was there any one on the ground there specially in
Judge Wheelers interest?
A. Not as I know of, but his wife, I seen his wife there
Q. What did you see Mrs. Wheeler do, if anything dur~
ing the day?
A. All I seen her do was standing around in the hall
at the head of the stairs and shaking hands with the women
and men -
Q. Prior to the election or on that day did any one
furnish you with any money to be used there?
A. No
Q. Did you have any money there with you on the elec-
tion grounds?
A. Didn't have any money only what I had of my own
Q. Did any one else there on the grounds have any
money which was being used for any portion of the :epublican
ticket, which included Judge Wheeler? I
A. Not as I know of
Q. J‘Jid any one there on the ground have any money at
all that they were using for election purposes?
A. I don't know whether they was or not
Q. “id you see Tom Patton there, or Roscoe Howard?
A. Yes I seen Tom Patton that morning
Q. How about Roscoe? .
A. Roscoe was there all day I think

235

 Q. Who all was helping ytu, or Who all were you
helping, make the fight there for George Roberts?
A. well, Roscoe Howard was for George Roberts.
Carrol Howard. and that is about all I remember of & Mike Blevins
Q. Who had the money there for George Roberts, if
any one?
A. I heard that Roscoe Howard had the money
Q. Did you see Roscoe with money?
A. No I don't believe I seen him with any money
Qmm. What kind of fight were you making there and how
7 were you helping in the fight without having some money?
A. I have got enough kin folks and friends not to
have to use none
Q On that day did you, either by yourself, or in
connection with any other person agree to pay, or pay, any
voter for voting in that election?
A. No I didn't, not as I remember of, long about the
Nest I got a little drink and might not have remembered it all
Q. Was there liquor there on the ground?
A. Yes there was some liquor around
Q. Who had it?
A. There was so many of them I couldn't remember
Q. Any of the Republican Workers and Strikers have
any liquor? .
A. N0, no Striker had any liquor, neither side as I
HmrmmHmmW know of
Q. “id any person there within your knowledge or from
what you understood on the occasion have any money or pay any
voter for voting in that election?
236

 a. No not as I know of, don't know what Roscoe and
the other fellows did

Q. I will ask you if it wasn't the arrangement
there at that precinct that Mike Blevins would haul them in
that Carrol Howard and Tom Patton and yourself, one or the I
other of you, would make the financial agreements with the
voters and that fioscoe Howard was the pay off man?
A. Tom Patton was for George Roberts and he was
for Judge Williams, they said, Roscoe told me pnce if we
gor ahold of a fellow the other side was about to take to
send him to him

Q. What did you understand him to mean by this
statement?

A. Well I don't know whether he meant he could

out talk me, or had a little liquor or a little money, I don‘t
know

Q. How didn't you know and so understand that he
meant that any voter that the other fellow was about to take
away from you to bring to him and he had the money to do the
paying with?

A. Well I guess that is what he meant

Q. How many voters did you take or send to Roscoe?
A. I don't remember now

Q. Give your best judgment as to the number?

A. Well, I actually don't know

Q. WOuld you say as many as 25?

A. No 1 don't guess there was that many

Q. Was there as many as 20?

A. I don't know I don't rsemember

257

 Q. @id you see any of the other boys, or ladies
there take any of the voters to Roscoe?
A. No.1 seen them all tmmmmmmm bunched around
talking, but don't know whether any body sent them or not
Q. Was Roscte pretty popular that day?
A. Yes he was stepping around pretty keen, once and
a while
Q. “id you see Roscoe and Mrs. Wheeler in conver-
sation there on the election grounds at any time?
A. I don't believe I did, I don't remember
Q. Now these voters that you took or sent to
Roscoe, did you discuss with them the matter of voting for
Judge Wheeler and include Judge Wheelers name in the arrange—
ment with the voters? .
A. No I was for Roberts '
q. You only ask them to vote for “oberts and made
no suggestion or request that they vote for Judge Wheeler,
is that right?
A. That is a fact .
Q. Did you include Judge Wheelers name in your
arrangements with any voter when you arranged with him to
vote for (george nobc:rg't.‘3‘.'?
A. lee once and a hhile I would _
q. Did you take those particular voters or send them
to Roscoe?
A. I believe Carrol took them, or sent them, I don't
remember
Q. Was there a pretty active fight being made in that
precinct for voters On that day?
258

 A, No not so much, seemed like every man I talked
was right my way and I told him that was alright
Q. flid any body on the other side take any voters
away from you after you had arranged with them to vote your
way?
A. I don't know, the only time I remember of, I
had two girls ——- met them on the steps, asked them who they
were going to vote for and they told me, and said you will
furnish us a car to go back won't you? and I told them I would
get a car and take them back home —- they got to the head of
the stairs and I was behind them and a fellow called to them
and called them back and talked to them a few minutes and
they started in then and I started to pull them back to talk
her again to find out what the fellow had told them Bart T. .
Weddington caught me around the waist and turned off and went
to joking me, but it wasn't bar T. that was talking to her
at first, think it was a Hale; a fellow told me you need not
fool with them. that they were going to vote his way
Q. “c you know what was the average price of votes
in that precinct on that day?
A. No I don't
J CROSS EXAMINATION BY HON. C. B. WHEELER.
Q. Was Judge Williams wife on the election grounds
that day?
A. Yes sir
239

 Q. State whether or not it is a fact that the
fight made by the Strikers on this occasion was made in the
Circuit Clerk's Race between Geo. Roberts and Oliver H.
Stumbo?
A. Xes that is where the big fight was made was
between Roberts and Stumbo
Q. Was there any body there to make any fight at
all for Wheeler, except Mrs. Wheeler talking to and meeting
people? '
A. That is all I