Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-25
Mr. B. sn:d, il wound be observed .ha, Manway did

I
tl"men permit witr"s: who positively 10 spe
cic fact, to he dscrrdt"d By another who, making
reference TO that fact swcars TO opinion seemingly
! VI conflict with NJ Such would be perver-
son "l every rule of evidence. Perhaps what Mr..
| fanway would think far, others might think very
unfair. But, hr. Il. concndcd, Ilanways testimony
ought TO be taken with allowance In the prcscn,
tie had the strongest motive testify as he laa He
was commissioner to conduct the clccton ana not 10
have sworn that every thng.was fair, to condemn
himself In addition to this, the evidence showed that
| he was very violent parzan, and we all know how
these feelings influence mems opinions:
Lcven ficninc states that he al the commissioners
at the Jacson"Ilr and polls taken that
pa' 10 the slerih at the Courthouse III. evening after the
were several Of :is ers and many The towns
men ~ The Office counting ih polls: when was found Tat Ci
ton and Ianzcy ccrtrd John anway of comns
it the 4cc lht! counted ianzcy Sy-nne at Aid@'own y
MIR. b. appealed to MIR. Scott TO say in candor, whe
thcr II was possible for any to contend that Han
way dscredited Brand.
The next vote illegally rejected was Alexander Scott
The evidence IS thus
alexander Scott tha, he wished sheriff
refused take hi. thai he would have voted M TaG,-y
allowed 10 vote; He informed the sheriff h had baucht land
which he had held p-essi"n months and III witch he bad
te bond r. ne terms Of the title bond he receive
deed for the land un vi the purchase money paid thai
no part had been paid rs no PAL was due.
Enocl Scott states that he informed the sheriff that the said
Alexander bought land Of which he had in posses
sion seven months hmt Is sheriff Sill refused 10 suffer the said
Alexander Scott 10 VOTE"
THIS House, Mr. B said, had very frequently decided
that holding equitable tale 10 land, and
possession of the same months before the election had
right TO vote. lie did not how any one could
doubt that this voter had such title and posses
son.
Edward Rnsscy offered vote for W. Tanzcy brl
The sheriff refused Ia Lake h informed IL
good v,r when ihr sheriff rrrird that he knew ne had no vol.
The dcp"nrui states, that r had l bond lr hand about
ni winch b. had hra possession about eight Months had
obtained deed ir before the election, had paid
teen hundd dollar Of The pu base noaey. The dponen had
been r,Idr" N III" STATE about eight months before The election,
but had not been called on FIR HI tnNc-.''
W hat sad III relation to scott vote app!
cahLa 10 this. However, he had heard of bu; diff
Guilty about ts vote. Some supposed that twelve
months residence was necessary 10 entlc person 10
vote. Mr.. B could not imagine whence that idea was
derived The Constitution only required that the voter
should BE- cHi:cn, and If he became SUCH the day be-
fore the election II WAS enough. He must nave had
the property qualification the requisite length of tim.
Lc!nrc the election. \ citizen of Of the L. States
going INTO another and taking up his res dcnce in IT,
with vic" to permanent residence, becomes ipS0
iHcto citizen. II - otherwise with aliens. There
could bc no doubt about Bussrys vote.
Mr. b proceeded to shew that Patton had right to
vote but as he said that not necessary to his
gument to establish his vote we do not report what
he said on that point
Mr. B, next referred 10 Smphins' case:
c"rse W. Snks states, that he oa.red 10 vote al Morgan
owH To-, I'M H.. M nm T. m s e"TG y nyas re-
deed for land but d"'onrn that lie the head
&randfaiers land, which l3l ncrch=
Eow pays The lax On he same has had IN possession 10! two
the rH dad net swear tepone"t but would not permit IN"
He made some comments OH this evidence; bu, said,
tia, the evidence was r,sc!f sufficiently clear.
Mr B. next referred - the Illegal conduct Of the
sheriff in striking of Selb Sapps vote. The sheriff
did VIVA, he had right to d.:
ejy Sapp that he voted tGr ~. Tanzoy and after sav
the polls Informed that his had been stricken from
the p Fleming STATES b, he was present :, De lime ,o,
st Sapp votedhe heard the sheriff say something 70 Tie clerks
and Kim point he they then stuck the vote q the
hcaTc his stricken from the poll The d.pnuem
has The poll books since the election and saw that T. Ches
ers marked ont Of Mr. Tanze;s shortest poll book a
the N"rgantuwH district
lie also contras,rd his ccnduc. in the of .Ien
kn>s vote:
.John Of ;lc told
Evans II take alfred Jenkns b,cais"
vm 1vau> replied that Jenkins said II had vnt because
W, ibid h,n. aud he could not strike after
corded"
Mr.. B said, that he had established tilr fact that the
Sheriff hai Illegally rejected four qualified voters who
desired 10 vote for Fancy, and that he had poilcd
least one illegal vote Tor Evans. b. The Shcr's
turn Evans had majority Of one. Nh p. bad shown
that but for the illegal conduct of the Sheriff, Tanzey
would have had majority Of four.
But gentlemen would tell him that he forgot the fact
that there four votes on Tanzey polls that
not gwen to hm, as shown by the voters themselves.
Mr. g. admitted that James Chadwick proved that BE-
had not voted for Tanzey-hc voted for Mr. John and
Mr.. Cayton-n0t Mr.. Trims.
James X. tha he attended the election
on.e IN Mononsaa county thai he was FL e time opposed 10
Tor Clayton and Morgan for the House If D
gars verify believes h. did although h. may
1aIcd Iarzcys name mistake thinks not likely;
III" crowd wa, very great, and he voted m hurry"
| Mr. B insisted that Kendall did not shcw that he
had not voted for fancy: bu. he said that he would
give M that it vas otherwise as he had given up every
doubtful proposition.
The next is the case Of George Shahan lie shews
that he did not vote for fancy; but he did vote for
| Evans.
III r.
Jin ay ond THAT he attended the election and
clerks that kept the assembly poll the q district
when Ma Nasc cam forward vote he appeared 10 be con.
fused, and thinks thai he m said h" Nasc rc;.d M Foeees ard
Tanzry recorded
b. cni.. know certainly who he did FOR,
and he Nasc, said l!lsry RoSs"s and James Evan"
Mr.. b. sad Tint tins evidence did not prove what
was introduced 70 establish, but if gentlemen would
have il h. would admit that !; proved every thing.
Here Mr. B. cnqn;rcd If the House would receive
paro testimony to contradict The poll book As far as
this concerned, they might either receive i
or reject 1.-THE result would be the same. His own
opinion was that onght not to lie received II would
open the door to fraud In the case Of close contest,
where there was small majority, the unsuccessful
ddate could tampcr with unprnciPed voters But, he
said, gentlemen night either receive reject such
imcnr-lc only asked that if they received 1t IN one
case they should in the ohcr-f for Evans, also for
Tan2cy. How would the matter then stand; Accord
inr to the poll book, returned to the clerk office,
anZev only received 81 VOTES at the Pawpaw election,
ana that was The number for which he received credit
But two witnesses prove that he received Sercnyhrec
r0fcs fhcrc. Here is the evidence:
Pcer Tenant states that he tn" commissioner the
paw returned the poll of that place 10 the she
fi the da after t "ciion and 1anzy had seventy three
that lacc When le banded the polls the sheriff III
Clerks Office there many hC there
swearing because Clay ton aud Tanzry elected.
David M!sgrayr that he cried the nj the Pawpaw
Peter Tenant Of the and
there, and r
knows or believes, hr saw the polls counted
| This is the whole of the testimony this point: and
there has been attempt to conrovert the fact esa
bshrs
| How does the matter now stand: Evans had a ma
| ioritv of one rofc only-Dcduct Jcnknss vote and
there is tie Give Tanzey the four votes which were
illegally rejected, and lie has majority of four De-
duct the four of the persons who say they did not
for Tanzey but if you do, you are bound to cor
rect the Pawpaw poll, which will make difference OF
four in Tanzeys favor, and you leave matters as they
were.
! Here Mr. B. went into an examination OF The testl-
mony establishing variety of Irregularities IT was
understood for considerable time that 1anzey was
elected:
Eddy states that Sunday week after the election
, Ccygc Evans the sheriff and asked him how the cleo
4 E.,r rt.al ~.