xt70zp3vt865_149 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. Allen, M.T. v. Hall, Malone text Allen, M.T. v. Hall, Malone 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_18/Folder_3/0001.pdf 1909 1909 1909 section false xt70zp3vt865_149 xt70zp3vt865 5‘ ,5, ,2
FLOYD CIRCUIE1 COURT.
' (ZR/(T. ALLEN, PLAINTIFF 8c COIFTRSTANT
VS. PETITION IN EQUITY.

HAIDNE HALL, Dmnwr'r 8c CONTESTMB.
V f The plaintiff and contestant, m T. Allen, says that he

is a citizen of and resides in Floyd County, Kentucky, and R
, has been a resident and citizen of said County and State for

more than twenty-six years next proceeding this date; that , ;

he is over the age of twenty-one years, free from any and all I

disability and eligible and qualified for the po 'tion, and to

; be voted for, the office or County Judge orégggggiounty, at

the November election, A. D. 1909; that prior thereto, to-wit, ,

on the ----day of -------1909, at the Primary election hltd l

duly called and ordered to be held within and for Floyd County, E

Kentucky, for the purpose of nominating a democratic candidate. fl

for the office or County Judge by the governing authorities E
~ of the democratic party in the manner prescribed by law, and ‘

as a result of said election he was duly nominated as the I

democratic candidate for the office or County Judge within and A

for Floyd County, Kentucky, to be voted for at the November

election, A. 1)., 1909, in said County md Btate; that hil '

. name Was duly placed upon the bullets to be voted for at the f,

 2e .
said election under the device or the Democratic party, te-wit:
a game cock; that at said election the defendant and contested,
Malone Hall, was the Republican candidate for the office or
County Judge within and for Floyd County. .
He further says that at said election this 3&a33t3ii
and contestant received a majority of all of the qualified
’ votes cast in said County for said office or County Judge, but
that upon the race or the returns the said Malone Hall was
‘ certified to have received a gr ater number of votes than
this plaintiff and contestant in said County for said office;
but he avers and charges that the said certificates are not
KE true. »
\ The said defendant and oontestce, Malone Hall, is
; certified to as having received in Johns Creek Precinct 180
i votesI which is not true; he only received 100 legal and quali-
j fied votes cast in said Precinct at said election; that 10
! or more of the 80 votes certified to as having been case for
j the said Malone Hall were under the age of twenty-one years;
j 10 others were not residents or citizens of said Precinct, or
i of Floyd County, and were not legal and qualified voters in
j * said Beenflytt, 60 of the other votes cast and recorded and
{ counted for the seidimawloneflall as having been received by
him were purchased by the said:Malcnn Hell, and by other
/ , persons acting in his behalf, with his knowledge and
‘ , consentWWd and furnished by the said
1 Maylen Hall for the purcpoee of corrupting voters.
He says that the election in said precinct was illegal,
; V unorthoriled and void in that the said Malone Hall and those
‘ f. acting upon his behalf and for him used money and whiskey to
\ ' -

 3. .
bribe voters to vote for the said.Malone Hell, and for reason
thereo...‘ they were cast and counted for the e eid Malone Hell in ‘
said Precinct; that said election in said Precinct was
otherwise illegal, unlawful and void in that they did not
have around said voting booths any line of demarcation or
other thing to prevent voters and persons working in the behalf
of thesaid defendant and contestee Malone Hall, from crowding
around said voting place, and the said voting booth use not
provided with curtains in such manner as to prevent persons
from seeing and telling how the voters were voting.

He says and charges that as many as 10 or more of
said ballots, counted for the said Malone Hall in said precinct
f had distinguishEMNFarks and blots upon the same, whereby
3 17K _ the same were net in contemplation of the law so spoiled that
it could not be determined es to whether or not they voted for
. ' the said Malone min, or for this plaint if: and for other
‘I tickets and the device upon said ballots; and that because
thereof, and the improper conduct of the said defendant and
r contestcee and those Working in his behalf there was not a
; fair, full and free expression or the opinion and preference
fi and choice of the said voters so voting in said Precinct.
} _ '
i
i .

 4. ‘

He further says that at the Mouth arm Beaver Creek
Precinct thorn were certified and comtod for the said Malone
Hall 209 votes, when in fact this plaintiff received a majority
of the legal and qualified voters voting in said Precinct, and
the defendant, Malone Hall, did not receive 200 votes of the
log-=1 and qualified votoro voting in said Precinct. Ho any:
that of the number of votes case and counted in said Precinct

, for themid Malone Hall 20 or more or them were persons under
the age of twenty-one years; 20 others of the voters who
voted for, and whose votes wcoc counted and certified as
having been voted for the a old Malone Hall did not reside in

i the Mouth of Bother Precinct, Floyd County, Kentucky, and
‘ were not eligible to vote at said Precinct; that 60 or more

of said voters voting for the acid Malone Hall, and Whose
votes were counted for him and certified as having voted for
him, were influenced to vote for the said Malone Hall by bribery
in that money and whiskey were given to them to influence than
to vote for the cold Malone Hall, by persons acting for him and

.. on his behalf, and with money and whiskey used in behalf and by
and for him at the said Precinct. at said election.

He further says that at said mouth of Beaver Precinct
there were twenty-var more balloto of which the voters voted under
more than two devices, and the we were blotched and blurred
in ouch a voy that they wore not entitled to be counted for
the, said dcfcndant and contesteo Malone Hall, but not with-
standing; this fact they were so counted and certified so hav-
ing been voted for him, when the ballots were in such
condition that it could not be determined for Whom the said

» Voters Wielnfé—yfltid.Pt???” voted.
W

 5.‘
WWW/(417W
It has been certified thst\257 vot s were cast for said
Malone Hall for said office in said election, which was and
is not true. That 95 or more of the persons who are certio
fied as having voted for the defendant and contosteo,
Malone Hall, were under the afe of twenty-one, and were
not legal and qualified scters in said precinct; 25 or
more of the remainder of said voters voting for said
defendant and contestcc, Halone Hell, and certified as
having voted for him, were not residents of the mouth of
Mud Precinct, Floyd County, Kentucky, and were not legal
and qualified voters; more than 75 of the other persons
voting and who were certified as having voted for said
defendant, Malone Hall, were influenced to vote for the
‘ ' said Malone Hell, because of having been bribed to vote
for him, the said Malone Ball, by persons acting in his
» behalf; that in bribbing said voters to vote fdgiuthat he,
the said defendant and contostee, unions Hall, and those
‘ acting under gig, gave to persons voting -whcsc names
‘ are unknown to this petitioner- money and whiskey, and '
otherwise used unfair and foul means to procure the said
persons to vote for him, the said unions fields that the :~
said money and whiskey was furnished by the acid defendant,
Malone Hall, by him and those acting and working for him
in his behalf. a
The plaintiff and contestant further says, that
said election at the mouth of End Precinct, rloyd County,
Kentucky, held November, 1909, on the 25rd day thereof, was
and is void in that, that there was no line #33::
' or other device employed to prevent persons coming within
fifty (50) feet of the booth where the ballots vero being
case, and persons in the interest, for and on behalf

 6. \
of the cold Malone Hall, crowded around the polls in ouch
a way no to prevent a free and fair expression of the
choice of the voters at ocid Precinct on said date.

And further says, that the election so held at the Mouth
of Mud Precinct on said date, was illegal, unauthorized and
void in that, the same was not held in the manner
prescribed by low; the booth was not protected or provided
with curtain: in such a way as to prefcnt persona voting
at said precinct on said data from being observed as to
whom they voted, and the same was and is a fraud upon the
rights of the plaintiff and contestant.

\ At Antioch Precinct, Floyd County, Kentucky, there has ‘
been certified on having been cast for said Malone Hall 223
votes, which is not true. The said Malone Hall did not
receive 223 of the legal and qualified voters of Floyd
County voting at acid Antioch precinct 1n Floyd County
on said date. 25 or more of the voter: voting for and
making ballot: on voting for said defendant and contentec,
Malone Hall, at acid precinct on acid date, were under the
age of twentyoone years, and were not legal and qualified
voters of Floyd County, Kentucky, at said election. 25 or
more of the other voters voting for acid nulono Hull, who-c
votes werc Certified for the acid dcfondant and contcotco,
Malone Hall, wore not rcaidentowithin Antioch Precinct,

Floyd County, Kentucky, and they were not 1.3.1 and qualified
voter. in that acid olcotion. fifty or more of the romaindcr
of said totes: chose votes were coat for and certified

as having been received for the said lolono 3111, were
induced to vote for him, the acid Malone Hall by pribory

 7.
and corruption, in that the said Malone Hall, and those
acting for him, and with money used and provided by
him and on his behalf and with whiskey provided for and
by him, and on his behalf, induced fifty (50) or more
of the voters voting for him, the said Malone Hall, for
said office, to case their ballot: for him at said election. '
That said election in said precinct, on the date above
mentioned, was otherwise unlawful, illegal, unauthorized '
and void and a fraud upon the rights of this plaintiff
and contestant, in that, they did not have a line or
other protection to prevent persons foam coming within :
1 fifty feet of where the vote was being caitg'and the 2
friends and workers on behalf of the defendant and contestee,
Malone Hall,over~ran the polls, and with threats and
.intimidation and.¥ribery influenced persons to vote for the '
said defendant, and contestee, Malone Ball, and others not
2 to vote for this plaintiff and contestsnt,€;: T. Allen
at said precinct.
Plaintiff and contestant further says that said election -
at said Antioch precinct, on said data, was otherwise
illegal, unauthorized and void in that, the booths were .
not provided with curtains and the votes were taken and . 5
ballots marked in piain view of the persons in and around i
. the polls, and not in secrecy eVen by those who were marking‘
the tenets. ‘
'Plaintiff and contestant further says, that in Abott
Precinct, Floyd County, Kentucky, at said election held
on the 2nd day of November, 1909, the said defendant and 1

 8.
contestee, Malone Hall, is certified as having received
177 votes in said Precinct for the office of County
Judge of Floyd County; that said certificate is not true, '
and the said Malone Hall did not on said date in said pre-
cinct receive 177 votes of the legal and qualified voters
voting at said Precinct; that 20 or more of said persona
voting at said precinct for the said halone Hall, and whose
votes have been certified as voting for him, the said
defendant and contestoe, Malone Hall, were under the
age of twenty-one years, and were not legal and qualified
. voters in said precinct; twenty 00 more of the remainder of
the votes voting for and certified as having voted for the
said Helene Hall for said office on said date, were not
» residents or citizens of Abott Precinct, Floyd County,
Kentucky, and were not legal and qualified voters therein,
nor authorized to vote; that fifty or more of the remainqgg
persons voting for and whose votes were certified as having
voted for the said Malone Hall were induced to and influenced
to vote for the said Malone Hall by bribery, in that money ‘
~end whiskey were given to them, the said votere)by the said -
defendant and contestee, Malone Hall, and those acting for
him and in his behalf, to and did influence them 1311 to arJ :
thnxnx thus vote for the said Malone Hall, all of which wdd
a fraud upon the righte of this plaintiff and contestant. _
., ‘35 He further says that said election in acid precinct
' i on eeid date was otherwise illegal, unauthorized and void
in that there was no line or other device used to prevent

 9 ..
the voters from coming within fifty feet of the voting . ~
booth, and the said persons voting for the said Malone
. Hall in said precinct on said data, and those working in
I behalf of the said Malone Hall stood around the polls in
crowds and near to where the ballots were being caso
" in such numbers, and in such a manner as to prevent a fair,
I { full and free expression of the preference and choich, of
the voters so voting, and in this manner many persons were
prevented from voting for this plaintiff, who otherwise I
would have done so, and others were influenced to and did
vote for the said defendant and contestee, Malone Hall, by
* reasons thereof, who would not have voted for him, but for
the unlawful conduct of the said defendant and contestee and
those acting for him and on his behalf;
_ Plaintiff and contestant says, that said election in
. said precinct was otherwise illegal and void in that, it .
. - was not provided for, nor were curtains used so as to proo
, vent persons from knowing for when the voters who were
preparing their ballots were casting their vote, and for
this reason the said election in said precinct on said date, .
for said office, was illegal, unauthorized and void. ,
Plaintiff and contestant further says that in Eager Shoal
Precinct, the said defendant and canto-too, Malone Hall, .
is certified to have received 85 votes, which is not true _
and the said defendant did not receive 85 of the legal and ' .
qualified votes voted at said election on said data; -
that fifteen or more of the persons voting for the said ,
Malone Hall, and whose votes were counted for him and
certified for him , were under the ago of twenty-one years,

 10.
and were not legal and qualified voters in said precinct at
said election; fifteen or more of tho remaindor of the
votes voting for tho acid Malone Hall and certified as
having innnx voted for him, were not residents and citizens
of or in said Roger Shoal Precinct, Floyd County, Kcntucky,
- for a period of time which by law would entitle them to
vote in said precinct; and that twenty-five of the other
persons voting for the said defendant and contested, Malone
Hall, on said date at said election for said office, were
influenced by bribery to vote for him, the said Malone Hall,
and were thus prevented from voting for this plaintiff, in
that the said Malone Hall, and thoso acting for him and in
his behalf bribbed the said persons so voting for the
defendant and contestee, Malone Hall, for said office at
said election fnxxaxidxsffixl on said dots, with money and
whiskeyto vote for the said defendant and contested, Malone
Hall, and that the sold money and whiskey was furnished by
the said defendant and contested, Malone Hall: and the
use of the same and the casting of those ballots and their
‘ recording of the cams and the counting of the some were and
are a fraud upon the rights of then: this plaintiff.

He further says that the election for said office in
said precinct on said date for said office was otherwise
illegal and void in that, the voters over-ran the pollo
come near to and in large groupos within fifty foot of
the voting place, and by their conduct, nothods, influenced
andxmnnnx many persons to vote for the said Malone Hall,
who otherwise would have voted for him.

no says that when the illegal, unauthorised and void
votes in these respective precincts are stricken out ‘

" 7 it will be shown, and the fact is here averrad, that the /

 ‘ 11.
plaintiff and contestantwae legally and duly elected to the
office of County Judge within and for Floyd County, Kentucky.
V The plaintiff and contestant furtner says that the
defendant and contestee is guilty of bribery, fraud and
intimidation in that he, the said Malone Hall, contributed
more than $2500.00 to a fund to be used for the purchase of
' votes for himself, to which fund the plaintiff is informed
belongceand avers to be true that Joe N. Harrie, candidate
, for Clerk of the County Court within and for Floyd County,
contributed {3000.00, and Hiram Leverty contributed more
tlan $1000.00, and Hack Hall, candidate for County
Superintendent of Schools, contributed $1000.00 and Robert
Mitchel, candidate for Assessor of Floyd County, contirbuted ‘
31000.00, all of which amounts to “000.00, and tiger
persons in the sum amounting to $4000.00, making a total of
‘$I0,000.00, expended for and on behalf of the defendant .
and contestee, and other candidates acting in connection
with 1-1m. T
The plaintiff and contestant says that he was duly
and legally elected to said office of County Judge within
Aug%,and for Floyd County, Kentucky, and is entitled to have the
'7" result 50 certified, and to have leaned in his behalf a
certificate showing that he has received the greatest
number of the qualified voter: of Floyd County voting at
said election, November 2nd, 1909, for acid office.
and to enjoy the benefits and emoluments thereof, and that
said defendant and oontestoe and those acting for and in
concert with him have unlawfully conspired each with the
other and with the defendant and conteetoe herein to chest, 1
. I 2

 12.
wrong and defraud this plaintiff and contestant out of the
I office of County Judge within and for Floyd County, Kentucky,
and to deprive him of the benefits, emoluments and fees
arising therefrom in the employment of its duties.
WHEREFORE your petitioner and contestant prays that
the said and several certificates of election in each of
the foregoing precincts complained of, be adjudged to be
L untrue, and that the same be refused, the actual vote
V ascertained and that there be expunged from said certif-
‘ icates the unlawful, illegal and unauthorized votes w
herein complained of from the respective precincts, and
4 finally prays to be adjudged to be entitled to a certificate
showing that he has received a majority of all of the legal,
qualified voters in Floyd County for said office at said
election held on said date, and that certificate thereof
‘ .J be issued to him by the County Board of Election Commission- V
ers; or if before the termination ofthese charges a
‘ certificate be issued by the Board of Commissioners within
and for Floyd County, ventucky, and delivered to the said
defendant and contestee, Malone Hall, then that the
said certificate so issued be cancelled and held for naught,
and certificate of election of said office he issued and J
delivered to this petitioner and contestant, and that he be
\ %;3i%$:§ to qualify and exercise and enjoy all of the rightu.
‘ benefits and emoluments of said office.
He prays Judgment for cost and all general and special
relief.
._.__,._.___l.__._ilh..___,_________.___E
' WALTER s. menus AND
JOSEPH D. HARKINS,
FOR PLAINTIFF AND CONTESTANT.

 V V , . f .‘
, ‘ '1 ,
n
13.
- STXLTF 0? m men ) -
. : SOT.
mom comm )
V . i ‘ The affiant,.g?lT. Allen, sayu that the H
’ I statements of tie foregoing pcfiition are true as he
believes.
__.__________.__________..~____.‘._..
flub»cribed and sworn to before me by 37 T. Allen,

this --«-day of -—~—---1909.

‘i‘; m .
W
V /