"On election night, Funkhouser was leading Revercomb in the early returns by a thousand votes, and the state press generally conceded his nomination. Two days later, with only sixteen of the 2788 precincts still out, his lead was down to 201. When the last few precincts straggled in, Revercomb had a slight edge. Funkhouser demanded a recount in selected precincts, a demand, which was successfully parried. Before quitting, he carried his contest through the Kanawha County court to the state supreme court. Out of the wrangle came a curious decision by the county court. Funkhouser's attorneys charged that on many ballots the X opposite his name had been erased and a new cross, marked for Revercomb. The court held that in the case of two markings the more legible should be counted.

"Funkhouser was convinced - and still is - that he had been counted out. He took the matter to the courts. . ."After the Supreme Court had declined to intervene, Funkhouser called off his contest and declared for Revercomb. Subsequently, he stumped for his recent opponent, speaking with him on numerous occasions."

(NOTE: Revercomb defeated Neely by more than 36,000 votes in the November elections).