xt7m901zd65j https://exploreuk.uky.edu/dips/xt7m901zd65j/data/mets.xml Taylor, William S., 1855-1928. 1900  books b92f456t3919002009 English State Print Office : Frankfort, Ky. Contact the Special Collections Research Center for information regarding rights and use of this collection. Goebel, William, 1856-1900. Kentucky. General Assembly. Goebel-Taylor contest, 1899-1900. Kentucky --Politics and government. General assembly of the Commonwealth of Kentucky : William Goebel, contestant, vs. Wiliam S. Taylor, contestee, counter notice. text General assembly of the Commonwealth of Kentucky : William Goebel, contestant, vs. Wiliam S. Taylor, contestee, counter notice. 1900 2009 true xt7m901zd65j section xt7m901zd65j 
General Assembly of the Gommomealth
of Kentueky.

W I L L I A M GOEBEL, v s. W I L L I A M S. T A Y L O R ,

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Contestant,

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Contestee.

COUNTER NOTICE.

J a n u a r y 17, 1900.

W I L L I A M S. T AYIiOU.

  
  
G eneral Assembly of the C o m m o n w e a l t h of K e n t u c k y .
WILUAM GOEBEL,

Contestant^ Contestee.

vs.
W I L L I A M S. T A Y L O R ,

COUNTER NOTICE.

T h e contestant is hereby notified that the c ontestee w i l l r e l y u p o n the f o l l o w i n g grounds for the purpose of s h o w i n g t hat the v ote as returned i n favor of the contestant is false a nd f raudulent, and that contestant d i d not i n reality receive a n y more, if as many, as 166,000 v otes i n the State of K e n t u c k y ; a n d that at least 25,000 persons'voted for c ontestee w hose v otes w ere c ounted for the contestant, the ballots b e i n g d estroyed ; besides at least 25,000 voters w ere p revented f r o m v o t i n g for c ontestee b y reason of fraud, force, i n t i m i d a t i o n , a n d i n t e n t i o n a l delay i n t a k i n g the vote. 1. T h e contestant controlled the State Board of E l e c t i o n C ommissioners i n the appointment of a l l C o u n t y E l e c t i o n C ommissioners, and controlled the latter Commissioners i n t he appointment of election officers. T h e result of this was t hat the entire election m a c h i n e r y of the State was placed i n t he hands of the contestant, and the v ote i n m a n y localities c ounted to suit h i s partisan officials rather than as it was a ctually c ast; t hat 011 this account m a n y thousands of persons w ho w ere l egal and competent voters w ere r efused the p r i v i lege o f v o t i n g , the contestant h a v i n g the sheriff, who c asts t he d e c i d i n g v ote i n every controversy, on his side.

  
2 2. T h e contestant, together w i t h the chairman of t h e d emocratic State Central and E x e c u t i v e Committees and o thers entered into a combination w i t h the Western U n i o n T e l e g r a p h Company, R i c h a r d Croker, of N e w Y o r k , a n d J n o . R . M c L e a n , of O h i o , the Standard O i l Company, the s aloon-keepers, proprietors of pool-rooms, breweries i n and o ut of K e n t u c k y , many democratic officials i n the State,, i n c l u d i n g t he penitentiaries, i n c l u d i n g the guards, and c i t y , c ounty and district officials and others, to debauch and corrupt the voters of the State, and for this purpose said persons a nd c orporations contributed large sums.of money w i t h w h i c h m any voters w ere b o u g h t to remain, and d i d r e m a i n , a way f rom t he polls; many voters w ere b ribed to v ote a nd d i d v ote f or s aid G o e b e l ; m a n y voters w ere e mployed to mutilate or m ark, and d i d mutilate or mark, their ballots, c ast f or the c ontestee i n such manner that they w ere t h r o w n out and not c ounted ; many election officers w ere b ribed to c o m m i t , a n d d id c ommit, frauds i n the counting of and destroying the b a l lots to e scape d etection ; and c  minitted frauds i n the c e r t i f y i n g a nd counting of the vote. T h a t w i t h said money thus, c o r r u p t l y r aised newspapers w ere s ubsidized to p u b l i s h the m ost outrageous falsehoods and to cover up the fraud a n d c orruption so committed. 3 . P olicemen, firemen and other city officials, thugs a n d b ullies w ere u sed i n various localities to i n t i m i d a t e voters a nd e lection officers on the d a y o f election, and i n this w a y d rove from the polls many who had assembled, and prevented m any others, from g o i n g to the v o t i n g places to vote.
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4 . B a l l o t b oxes w ere s tolen i n some localities, and no e lections held i n o t h e r s ,     i n short the frauds and o utrages c ommitted-' are too numerous to be mentioned i n this paper. 5. In Precinct N o . 7 of M c L e a n C o u n t y G . W . H i c k m a n , t he democratic candidate for representative, was i l l e g a l l y i n t he voting place wjth election officers w h e n the count was b eing made, and his brother-in-law, L e s l i e Johnson, who was.

  
3 n ot a resident of said precinct, was inside the v o t i n g place a t the same time, a c t i n g as democratic inspector, by reason of w h i c h t he vote cast for this contestee was not fairly or l egally counted, the extent of the fraud b e i n g u n k n o w n to t his c ontestee ; he therefore asks that the vote i n this precinct b e excluded. 6. T h a t i n N o r t h U niontovvn P r e c i n c t of U n i o n C o u n t y p ersons not officers of the election were permitted i n the voti n g p lace and around the booths u n t i l t welve o'clock of that d ay, and threatened to throw the r e p u b l i c a n clerk out of the v o t i n g p lace, i n consequence of w h i c h he was forced to a gree t hat the democratic challenger, who was i m p r o p e r l y i n the v o t i n g p lace, should f ill o ut a n u m b e r ( w h i c h he did) of the b allots for voters and affix the clerk's signature to same, and i n t his precinct the ballot box was left i n the sole possession o f t he democratic challenger, who had no legal authoritv w hatever to such possession, by reason of a l l w h i c h i n t i m i d a tion a nd improper conduct republicans were prevented from v o t i n g a nd left the p o l l s     t h e n u m b e r not k n o w n to this contestee, f or w h i c h reason he asks that the vote i n this precinct b e excluded. T h a t i n S t u r g i s P r e c i n c t i n said county the ballots were d eposited i n a cigar box d u r i n g a p o r t i o n of the day, w h i c h b o x was not locked at any time, for reason of w h i c h he asks t hat the vote i n this precinct be excluded. 7. T h a t i n C h r i s t i a n C o u n t y one Charles M e a c h a m , a m ember of the Democratic State Central Committee, was a ppointed one of the E l e c t i o n Commissioners for the said c ount}'. T h e entire l ist o f r e p u b l i c a n officers suggested by t he r e p u b l i c a n commissioner was rejected w i t h the exception o f five officers for the northern p o r t i o n of the county, i n w h i c h p o r t i o n of the county no frauds were attempted to b e practiced. I n the appointment of officers of election i n t he city of H o p k i n s v i l l e , a nd the south p o r t i o n of the c ounty where there were a large n u m b e r of negro r e p u b l i c a n

  
4 v oters, the said E l e c t i o n Commissioners refused to appoint a ny officers of election for the republicans e xcept n egroes, a nd i n d o i n g this appointed only such n egroes as w ere i lliterate and totally unqualified to perform the duties o f the office. These appointments w ere m ade over the p rotest of the republican Commissioner, and for the purpose o f enabling the contestant to obtain an unfair advantage a nd to practice fraud w i t h i m p u n i t y . T h e f o l l o w i n g negro election officers w ere a ppointed, as s tated, who could neither read nor w r i t e : B o w l i n g Jessup, J i m R o b i n s o n , Ike Baker, J o h n H ayes, M a x e y L u c a s , W i l l i a m H u m p h r i e s , W i l l R ichardson, A n t o n y Ware, S c i p T a n d y , J oe Berry, D i c k H i g h t o w e r , George M i l l s , T o m Gee, Joe W h i t e a nd D o w H o p p e r ; another, George G r a y , was appointed, w ho is said to be able to read, but not write. I n p recincts N o s . 8, 9, 11, 12, 13, 15, 16, 18, 19 and 20, i n said C hristian c ounty, the i n k pads used i n the v o t i n g booths w ere flooded w i t h i n k by democratic election officers so that i t was w ell n i g h impossible to stamp the ballot w i t h o u t b l u r r i n g it, o r l eaving some p r i n t by reason of w h i c h the i n k c o u l d be s een from the back of any ballot, however t h i c k the paper. T h e democratic election officers used various methods i n f o l d i n g t he ballot to press i n such a way as to l eave t he s tencil m a r k upon some other part of the ballot w h e n i t was o pened. W h e n f olded i n the middle the p r o h i b i t i o n device fitted e xactly over the republican device, and w h e n the voter voted - t he republican ticket w i t h the stencil the democratic officers i n r eceiving it folded and pressed i t i n such a w a y as to l eave t he stencil mark, or b l u r , under the p r o h i b i t i o n device as w e l l ; a nd all ballots w h i c h w ere m a r k e d b y reason of the f olding, o r by reason of the flooded stencil, w ere v oted f or this c ontestee, a nd w ere t hrown out i n the county, b y r eason of w h i c h this c ontestee l ost 434 v otes c ast f or h i m i n s aid c ounty. I n precinct N o . 12, A . F . Stanley, appointed

  
5 i nspector by the R e p u b l i c a n County E x e c u t i v e Committee of C h r i s t i a n c ounty, was refused admission to the polls, and the r epublicans had no representative at the count i n this precinct, b y reason of w h i c h this c ontestee w as robbed of sixtyfive v otes w h i c h had been c ast f or h i m , and to w h i c h he was e ntitled a nd is now entitled to h ave c ounted f or-him. That 1 00 v otes w ere t h r o w n out i n the count where the stencil was m ade under the republican device, but outside the square and w here the w r o n g end of the stencil had been used i n stampi n g t he ballot, or the rubber thereon had been cut off b y s ome democratic o fficial. T hese irregularities occurred i n N o . 16, and i n nearly e very precinct south of H o p k i n s v i l l e . S ome of t hese b allots w ere r eturned to the county clerk w i t h o u t any certificate; m ost of them, however, w ere d estroyed, when it was the duty o f the officers of election to h ave p reserved them ; that the C o u n t y Board of E l e c t i o n Commissioners, s i t t i n g as a canvassing board without any legal authority, refused to count a nd c ertify the v ote c ast at H o p k i n s v i l l e Precinct N o . i , a lthough same was correctly certified, and n o t h i n g whatever a ppeared upon this certificate to show any alleged irregularities i n the conduct of the election, or any ground whatever to impeach the returns, or to avoid the election. I n t his precinct 409 legal v otes w ere c ast, 252 of w h o m voted f or this c ontestee a nd 157 of w h o m voted for the contestant, m a k i n g a n et loss to this c ontestee o f 95 votes. H e claims t hat the 694 v otes l ost to h i m as aforesaid should now be c ounted for h i m . 8. T h a t i n the county of Jessamine, Precinct N o . 1, East N i c h o l a s v i l l e , t here w ere r egistered 260 negro votes, a l l of w h o m w ere r epublicans, 60 democrats w ere r egistered i n t he same precinct, 20 of w h o m voted for this c ontestee. I n t hat precinct o n l y 205 persons w ere a llowed to vote. I n this p recinct the Democratic C o u n t y Commissioners over the protest o f the republican commissioner appointed as clerk a

  
6

r e p u b l i c a n w ho was not qualified, and who was barely able to w rite his name. T h e y w ere n otified of this fact, but persisted i n r etaining h i m , the object of w h i c h was to prevent a f u l l r epublican v ote f rom being taken i n that precinct. The r epublican C ommissioner named T h o m a s Burrows for clerk w ho was perfectly competent and qualified i n every respect, b ut they refused to appoint h i m ; and on the day of the election, n o t w i t h s t a n d i n g there w ere s everal qualified republicans p resent, the said incompetent clerk not b e i n g able to act, h i s p lace was filled b y a democrat, one R . M , H u n t e r , and who w as a brother of one of the candidates to be voted for at said p recinct, over the objection and protest of the republicans. T h i s l eft three democratic officers i n the precinct. O n a ccount of the delay systematically i n d u l g e d i n by t hese d emocratic officers the following named persons w ere p resent, and w ho w ere c itizens of the U n i t e d States, had l i v e d i n the State m ore than twelve months, i n the county more than s i x m onths, and i n the precinct more than sixty d ays b efore the e lection, and without any legal disqualification w ere r efused t he r i g h t to vote, w o u l d h ave v oted for this c ontestee, t o-wit: A n d y W est, H e n r y Clay, James L i l l y , E rnest M o r g a n , A l e x G i b b s , A l e x S p i l l m a n , R i c h a r d Orford, J o h n W a s h i n g t o n , H e n r y B aker, James M c l n h a n , S a m W i l l i a m s , H e n r y M i l l i o n , W i l l T a y l o r , B r o w n Seals, J a k e L e w i s , W i l l i a m B r o w n , R o b ' t Dennis, W i l l R obinson, Chas. T h o m p s o n , M e r r i m a n W a l k e r , R obert H u l l e t t , S m i t h J a c k s o n , Chas. B r o w n , D a n i e l B r a x t o n , H a r r y Farris, Peter Sanders, M i l f o r d F r y , Dave S peaker, Geo. Maxberry, E d . D r y , A n d r e w Carpenter, James C a m p b e l l , M o r t o n H o p e w e l l , T o m Scott, Geo. W a l k e r , H e n r y H a w k i n s , C has. Baker, W i l l B etts, S m i t h Griffen, Pleas T a y l o r , H e n r y H a w k i n s , L o u i s L a w s o n , Geo. M a s o n , T o m M i l l e r , M o r t o n C a r r o l l , R o b e r t E m b r y , Geo West, A b s o l u m J effreys, P h l e m Butler, E l l i o t t W est, E d . B a l l a r d , T o m H a w k i n s , M ore Cannady, H e n r y Davis, E d w a r d Sampson, E d . J ohnson, W i l l R ease, Jus G o r d o n , J a k e Overstreet, N e d    

  
7

W a s h i n g t o n , W i l l i s M a s o n , F r a n k E p p s , Chas. Carter, W i l l T r i m b l e , S trather Coleman, H e n r y Moore, J e r r y Brodus, N a y m a n H i g h t o w e r , Buford D u n n , W y a t t S m i t h , S a m B r a d shaw, Jas. Q u i n c y , E d . S m a l l e y , J i m D a v i s , J o h n Broadus, J o h n K e n n e d y , A l e x . Carter, T o m Baker, F r a n k B a l l a r d , P h i l W a l k e r , H e n r y Weaver, H e n r y Reed, Carey Cooley, S i m o n B o w m a n , Pleas C a m p b e l l , Chas. E l l i s , E d . M i l l e r , J n o . A . E e w i s , Geo. B o w m a n , M o r t P r y o r , Burrows C a m p ton, T o m Carter, Geo. F a r o n , Horace W i l l i a m s , West Meyers, J as. T o t t e n , H e n r y D e m i s , W i l l C h r i s m a n , Chas. B e l l , R i c h ards Shanks, B i l l y M c Q u e r r y , James S i m p s o n . W h e n t he polls closed at four o'clock the democratic officers r efused to count the vote, and the ballot box was thereupon t aken by them to the clerk's office where it remained f or three d ays b efore the v ote w as counted ; and w h e n the v ote w as counted no republican inspector, or any other r e p u b l i c a n , w as admitted to witness the count. W h e n said c ount was made it was fraudulently made, so as to make i t a ppear that this c ontestee h ad received o n l y s i x majority o r p l u r a l i t y , w h e n i f said voted had been fairly counted and the p ersons present qualified to v ote a llowed to vote, this contestee w o u l d h ave r eceived 240 majority over the contestant a nd w h i c h should n o w be counted for c ontestee. 9 . T h a t i n the F o u r t h ward of C y n t h i a u a i n H a r r i s o n C o u n t y this c ontestee r eceived a majority over contestant of 133 votes; a n d the E l e c t i o n Commissioners refused to count t his v ote a nd excluded said p o l l f rom the count of the county i l l e g a l l y a nd w i t h o u t any proper reason therefor, thus deprivi n g t his c ontestee o f 133 majority i n this said precinct, w h i c h h e a sks s hould now be counted for h i m . 10. T h a t i n B r a c k e n C o u n t y , Foster Precinct, the elect i o n o fficers assembled on the m o r n i n g of N o v e m b e r 7th, 1 899, ^ b e i n g able to f ind a ny one authorized to a d m i n ister an oath, d i d not open the polls u n t i l 10 o'clock A . M . , when a J ustice of the P eace a ppeared, who was competent to a d m i n an< n o t

  
t

8 i ster the oath, but refused to swear i n L . B. P l u m m e r a n d W i l l i a m M a r k l e y . T h i s caused g reat c onfusion, quarrels and g eneral personal difficulties, resulting i n the selection of t w o d emocrats i n the places of the said P l u m m e r and M a r k l e y , s o that the republicans w ere d eprived of h a v i n g any officer a t said election, by reason of w h i c h this c ontestee w as fraudu l e n t l y c heated out of seventy-five votes, w h i c h w ere v oted f or h i m , but not counted for h i m ; he a sks t hat said s eventyfive v otes b e counted for h i m i n the e vent s aid precinct i s n ot excluded, w h i c h he insists s h o u l d be done. 11. T h a t at Middlesboro, i n B e l l C ounty, the election w a s c onducted i n the most outrageously, fraudulent and i l l e g a l m anner, by reason of w h i c h this c ontestee l ost at least 150 v otes. Ballots w ere m utilated b y r e p u b l i c a n voters, w h o w ere b ribed by contestant's friends, so they c o u l d not be c ounted legally, w h i c h w ere v oted for this c ontestee. Voters w ere b ribed to v ote a gainst c ontestee, t o l eave K e n t u c k y a n d g o into the State of V i r g i n i a a nd refrain from v o t i n g ; a nd w holesale i n t i m i d a t i o n was practiced, by reason of w h i c h m a n y who came to the polls to v ote f or this c ontestee w e r e d riven a way. H e was entitled under the registration, and i n f act to 240 majority, and i n fact o n l y carried it b y s i x t y m ajority over contestant, and he now a sks t hat 180 m o r e v otes b e counted for h i m i n that city. 12. T h a t i n T r i m b l e County the Democratic C o u n t y E l e c t i o n C ommissioners, T . S. W r i g h t a n d C. A . B e l l , a cted a s such without any appointment from the State B o a r d o f E l e c t i o n C ommissioners, for w h i c h reason he a sks t hat t h e e ntire v ote o f the county be excluded. 13. T h a t i n K e n t o n County, the home of contestant, t h e C o u n t y Board of E l e c t i o n Commissioners, a c t i n g i n c o l l u s i o n w i t h t he contestant and under his order, caused i t to be, a n d i t w as p u b l i c l y 'circulated among the democratic officers o f the election that no republican inspectors should be a dmitted to any p o l l i n g place for the purpose of assisting

  
9 i n o r witnessing the count; a n d such inspectors, although a ppointed by the R e p u b l i c a n C o u n t y E x e c u t i v e Committee, w ere e ither not admitted or excluded from the p o l l i n g p laces a fter admission or t h r o w n out by the election officers, o r b y partisan police and c i t y firemen, a c t i n g i n collusion w i t h c ontestant. T h e said C o u n t y E l e c t i o n Commissioners, E l l i s t o n a nd K a k e u g e , w ere p artisan friends of contestant, and appointed a l l election officers who w ere t he friends and p a r t i sans o f contestant, and of the democratic ticket. Republicans w ere a lmost universally excluded from serving as e lection officers throughout the county of K e n t o n . T h e county c lerk of K e n t o n County, who was a partisan friend of, a n d a c t i n g i n collusion w i t h contestant, a n d a democrat, refused t o p e r m i t the r e p u b l i c a n ticket nominated b y the republican p arty of the c i t y of C o v i n g t o n at a convention called by o rder of the R e p u b l i c a n E x e c u t i v e Committee of the city, a nd h e l d under its orders a n d directions, to be placed on the b allots under the r e p u b l i c a n emblem, t o - w i t : the l o g cabin. T h i s t icket was r e g u l a r l y certified to by the chairman and s ecretary of the republican convention at w h i c h it was n o m inated ; and by the c h a i r m a n of the R e p u b l i c a n C o u n t y a n d E x e c u t i v e Committee of K e n t o n county and city of C o v i n g ton ; a nd the c h a i r m a n of the R e p u b l i c a n S tate C e n t r a l C o m mittee. N o t w i t h s t a n d i n g t hese f acts t he said county clerk u n l a w f u l l y p laced the regular republican city ticket at the e xtreme r i g h t hand lower corner of the ballot under no S tate t icket, and placed the picture of a locomotive as its e m b l e m o ver said ticket, and denominated it as the republican fusion t icket. B y t hese m eans m a n y hundreds of republicans w ere d eprived of v o t i n g the republican S tate a nd city ticket, inasm u c h as it threw them into confusion and rendered it n ecessary i n v o t i n g b o t h tickets to place the stamp or s t e n c i l u nder the emblem of either one or the other of said tickets, b ut not both, and to m a r k opposite the n ames o f the i n d i v i d u a l

  
c andidates voted for on the other ticket. I n this w a y i t became necessary to make not less t han ten cross m a r k s i n voti n g t he straight republican ticket. N o t only so, the said c ounty clerk placed under the regular r e p u b l i c a n State t icket and under its emblem a ticket nominated by certain p ersons c l a i m i n g to be republicans, but who w ere i n s ympathy w i t h contestant, said persons h a v i n g no party committee or organization whatever. C i t y police officers w ere s tationed at, i n and about every v o t i n g precinct i n the c i t y of C ovington, and i n many precincts they interferred w i t h the e lection and usurped the duties of the officers of election b y e ntering the v o t i n g places and pretending to p ass u p o n the c redentials of challengers of election, and i n m a n y precincts f orcibly e jected from the v o t i n g places r e p u b l i c a n inspectors a fter the polls closed at four o'clock. A t a bout 7:30 o'clock p. M . on the day of the election, an o rder of the K e n t o n C i r c u i t C o u r t was entered, d i r e c t i n g a l l e lection officers to admit inspectors appointed b y the R e p u b l i c a n C o u n t y E x e c u t i v e Committee, headed by R . P. E r n s t , c hairman. W h e n t hese i nspectors w ere f inally admitted i nto t he p o l l i n g places, w i t h but few exceptions it was found t hat the ballots had been destroyed, and certificates of the r esult of the so-called count made out a n d signed. I n several p recincts upon their admission the count had been p a r t l y c ompleted, and i n t hese t he officers had burned or destroyed t he ballots as counted, contrary to l a w ; for the reason aforesaid, c ontestee a sks t hat the entire v ote of K e n t o n county be e xcluded. I n Precinct E of the Second w a r d the chief of t he C o v i n g t o n fire department, a violent partisan of contestant, a c t i n g i n corrupt collusion w i t h contestant, was i n t he v o t i n g place the greater part of the day w i t h out right. A l l the election officers i n this precinct w ere d emocrats, and the said chief, w i t h two officers, forcibly e jected from the p o l l i n g place the r e p u b l i c a n inspector, d u l y a ppointed by the C o u n t y E x e c u t i v e R e p u b l i c a n Committee,

  
II

a nd t here was no representative of the republicans present a t the time of the count. I n t his precinct, according to the certificate, every candidate on the democratic ticket e xcept o ne for city clerk, w ho had no opposition, received the' same number of votes, t o-wit, 325 ; w h i l e the r e p u b l i c a n candidates w ere g iven from f orty to fifty v otes e ach. W h e n the republican inspector was a dmitted into this precinct b y otder of Court, at 7:30 P. M., t he ballots had been a l l destroyed. T h e fact is that more than o ne hundred persons who voted for George H . D a v i d s o n , the r epublican c andidate for mayor, h ave s worn that they so v oted, n o t h w i t h s t a n d i n g the certificate of the officers of elect i o n g ave h i m o n l y forty votes, and a l l of said persons l i k e wise voted for this c ontestee. T h e r e p u b l i c a n member of the C o u n t y E l e c t i o n Commissioners presented to his two democratic a ssociates a l ist o f names of persons theretofore appointed b y t h e m to s erve as republican election officers, who w ere n ot republicans or w h o w ere i ncompetent, aged, i nfirm, u nable to read or write, or of bad character, but the said d emocratic Commissioners refused to remove any of them, or t o take any action u p o n the same. T h e said democratic m embers of the B o a r d of E l e c t i o n Commissioners appointed as r e p u b l i c a n officers of election persons k n o w n to be i n s ympathy w i t h the democratic ticket, or so aged, i nfirm o r i gnorant as to be utterly incompetent for any purpose, or so c orrupt as to be totally unfit to serve. Contestee a sks t hat f or t hese r easons the entire v ote o f K e n t o n county be e xcluded. I n t he F i r s t w ard, Precinct E i n the c i t y of C o v i n g t o n , o n t he m o r n i n g of the election aforesaid, F r a n k N o o n a n , r e p u b l i c a n c hallenger, was forcibly ejected from the p o l l i n g p lace by the sheriff of the election, G r e e n M c C o y , and P o l i c e O fficer D a v i s . A t the close of the polls the door of the voti n g p lace was closed and l o c k e d by the election officers, assisted b y said D a v i s , and B . T . W i s e n a l l , d u l y appointed inspector

  
12 b y the R e p u b l i c a n County E x e c u t i v e Committee, was refused a dmission to the p o l l i n g place. L a t e r i n the evening after J u d g e T a r v i n had issued an order r e q u i r i n g the election o fficers to admit republican inspectors, said W i s e n a l l was permitted t o enter the voting place, but ascertained u p o n his e ntering that three-fourths of the ballots had been counted a nd t allied, a nd destroyed. T h i s precinct is o r d i n a r i l y r epublican b y a good majority, n o t w i t h s t a n d i n g w h i c h fact t he returns at the last election g ave c ontestee o nly forty-eight v otes a nd contestant 107 votes. T h e c ontestee a lleges t hat h e actually received at said precinct no less t han 100 majority o ver contestant, and that the ballot was fraudulently counted a nd m anipulated so as to produce the certified r e s u l t ; cont estee a sks t hat the v ote i n this precinct be excluded, and i f n ot done that he be given twenty-five majority over contestant. I n t he F i r s t w ard, i n Precinct F , at the close of the polls, F r e d S c h m i t z , republican inspector, entered the v o t i n g place, b ut was ordered out by the election officers a n d f o r c i b l y e jected by Police Officer M i k e L e o n a r d . L a t e r i n the eveni n g a nd immediately following Judge T a r v i n ' s order, made a bout 7:30 p. M . , P o l i c e m a n L e o n a r d came to the door of the v o t i n g place and ordered the election officers to " b u r n the b allots." A b o u t a half hour after this the r e p u b l i c a n i n spector was admitted under said order, a n d w h e n he entered h e found that more than h a l f of the ballots had been destroyed, but the count not completed, a l l of w h i c h was i l l e g a l a nd i mproper, by reason of w h i c h the c ontestee w as defrauded o ut of at least fifty votes, w h i c h he contends s h o u l d be c ounted for h i m i n the e vent t hat the precinct be allowed to b e counted, w h i c h he resists. I n P recinct G , F i r s t w a r d , the r e p u b l i c a n inspector a ppointed as aforesaid demanded admission, but was refused b y the sheriff of the election and P o l i c e Officer James Cody, a nd t he ballots w ere so manipulated as to lose to this con-

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i3 t estee a t least fifty votes, w h i c h he a sks m ay now be counted f or h i m i n the e vent t he precinct is counted, w h i c h he r esists. I n P r e c i n c t C, Second ward, the republican inspector a ppointed as aforesaid, T h o m a s J . W i l s o n , w as refused permission to r e m a i n i n the v o t i n g place and forcibly ejected t herefrom b y L i e u t e n a n t of P o l i c e Schweinefuss, P o l i c e O fficer James H u g h e s , Joseph " S n u f f " Meyers, chief of the fire department, and W i l l i a m C a r r i c k , sheriff of election. T h e said Meyers was, without r i g h t or authority, i n the voti n g p lace frequently d u r i n g the day, d i r e c t i n g and ordering t he officers of election i n the performance of their duties. L a t e r , f o l l o w i n g J u d g e T a r v i n ' s said order, Joseph W . P u g h , c hief of the police department of C o v i n g t o n , a c t i n g i n c o l l u sion w i t h contestant, came to this v o t i n g place and was permitted t o enter, and shortly thereafter the ballots w ere b urned. P ersons who looked t h r o u g h crevices i n the b u i l d i n g saw the s aid M eyers h a n d l i n g the ballots to the exclusion of the elect i o n o fficers, and apparently d i r e c t i n g the entire proceedings a nd c o u n t i n g of the votes. A t 7:45 i n the e v e n i n g the republican inspector was permitted f or the first time to enter the v o t i n g place, a n d found a l l t he ballots destroyed. I n this precinct the certificate s howed 325 straight democratic ballots, e xcept as to one candidate for city clerk, who was the only candidate on the e ntire ballot w i t h o u t opposition ; and yet it was certified that h e received 100 v otes l ess t han the other democratic candidates. B y reason of the frauds, etc., committed i n this precinct the c ontestee w as robbed of 100 votes, w h i c h w ere i n f act c ast f or h i m , he a sks t hat said precinct be excluded, or i f c ounted said 100 v otes b e counted for h i m . I n P recinct D , Second ward, Charles Sendecker, d u l y a ppointed republican inspector, as aforesaid, entered the p o l l i n g p lace to v ote a s hort w h i l e preceding the closing of t he polls. W h e n the polls closed he was ordered out of the

  
14 r oom, a nd compelled to l eave i t. W h e n he returned at 7:45 p . M . , a fter J u d g e T a r v i n ' s decision, a l t h o u g h the count had n ot been completed, all the regular ballots had been destroyed, e xcept b allots for school board, w h i c h w ere b e i n g counted. H e w as ejected from the p o l l i n g place at 4 o'clock p. M . b y P olice O fficer C a h i l l . I n this precinct c ontestee w as robbed o f seventy-five votes, w h i c h w ere i n fact c ast f or h i m , and w h i c h h e now a sks s hould be counted for h i m . I n P recinct E , Second ward, Geo. L . M o r g a n , the republican c hallenger, d u l y appointed as aforesaid, was forcibly ejected from the p o l l i n g place by said Schweinefuss, P o l i c e man M c N e e v e , and M a t M c G e e , sheriff of the election. I n t his precinct this c ontestee w as defrauded out of at least fifty v otes w h i c h w ere a ctually c ast f or h i m , a n d w h i c h he n o w a sks s hall be counted for h i m . I n P recinct F , Second ward, H u b e r t M i l l e r , r e p u b l i c a n c hallenger, duly appointed as aforesaid, was forcibly ejected f rom t he p o l l i n g place by P o l i c e Officer T h o m a s Feeney and s aid L i e u t . Schweinefuss, the said police officer entering the p o l l i n g p lace wrongfully, without solicitation upon the part o f the election officers, notwithstanding the fact that they e xpressed their willingness to permit said challenger to r emain. I n this precinct said Feeney attempted to prevent E d . G a h a n from v o t i n g ; and i n this precinct the c ontestee w as deprived and defrauded out of twenty-five votes, w h i c h w ere i n reality c ast f or h i m , and w h i c h he n o w a sks s h a l l be c ounted for h i m . T h a t i n Precinct B of the T h i r d w ard, L o u i s Selmier, r epublican i nspector, d u l y appointed as aforesaid, was forcib l y ejected from the p o l l i n g place by C. T h o m p s o n , sheriff of e lection i n said precin