Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1842-12-20

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relation to the Jacksonville and Charlottesville vi
Adanized road-giving the privilege of using
tcrals by superv sors read and passed 10 second
reading.
Mr. Moore Of o.. reported a bill relative coun-
~ treasurers which passed to 4 second reading.
CONTESTED SEAT.
Mr.. Robinson, behalf OF the majority Of the
committee on elections, 10 whom was referred the
memorial OF Madison Marsh. made detailed
port. the contested seat of Enos Beall, the sit
ting member from Steuben and De kaib. giving
statement ofthe facts OF the case understood by
said committee. The report concludes by recon-
mendIng the adoption of the following resolutions,
to wit
Resolred, That Enos Beal is not entitled to
seat IN this House, at the present session Of the
General Assembly, : 4 Representative from the
District composed OF the counties Of De halb and
Steuben.
Resoiced further. That Madison Marsh is entitled
seat il this House, at the present sess OF the
General Assembly, as the Representative from the
District composed OF the counties of Steuben and
De Kab
Tine report enters into detailed statement of
the evidence and facts Of the case, which are main
ly these Enos Beal and Madison Marsh were OPP
posing candidates for the Office of Representative,
in tic counties of Steuben and De Kalb On com
lr:og the returns of the two counties by the Sher
MS II ap,ea.Hd that each Of these gentlemen re-
ceiyed 800 votes. ina sherIffs thereupon decided
the contest by casting lots which resulted in favor
Of Enos ieall, who obtained the ce:ihcate OF cleo.
ton. Thercupon Madison Marsh clntes6d SAID
election before the commissioners of DE Aui5 coun-
ty, setting forth ground Of contest that the vote
Of one Henry Shoemaker improperly rejected
at Smithfeld township in said county, where only
sixteen votes cast and consequently where
the intention of voters easily known TO the in
Spector and judges OF election. There is no differ
ence Of opinion as to the fact Of said Shoemaker be-
ing Il legal voter. and that he intended fer
Marsh for Representative indeed the minority o.
the committee would not venture opinion in fav-
of The rejection of Shoemaker's vote, but asked
the privilege of hunting up illegal that might
have been given for Marsh a set off 70 this vote
The facts in relation TO the vote of Shoemaker and
its rejection by the Judges are as follows: When he
applied to vote the inspector handed him sheet of
tickets bat all of them con, aimed the name of
EnOS Bca for Representative, he enQulred for ano-
Their kind and the inspector handed him sheet of
tickets with the name of Madison Marsh for Repre-.
sentative; that he then enquired of the same in
spector if he had scissors knife to cut them
with, and the latter handed him knife that
the said Shoemaker then openly, and with a p
pearance of concealment subterfuge, and still re-
naming near the officers and within the scope ofthe
operations, cut portions Of each kind of tickets, evil
IDENTITY for the purpose of suting his wishes max
ng up his vote that his vote thus cut. consisted
of four pieces three of which were wrapped IN the
fourth, VIII ch was of larger size, and handed 1t to
the Inspector, who not only received 1t at the time
tholt objection and deposited it in the ballot box
but he does not appear nor is it pretended that Ell
Their of the officers told him, while preparing ms
ticket, that his cutting il would occasion them to
reject il in counting on the contrary 1t appears by
all the testimony that the means were furnished to
Shoemaker by the Inspector, to cut and prepare his
ticket in the presence and with the knowledge OF the
officers Of electon-and that he must have left the
place of election under the conviction that his vote
would be counted-that he voted for Marsh there is
no doubt both himself and the Judges testify TO the
same fact, there only being discrepancy between
them wi'h regard to the word Representative being
on the licket-Shoemaker statingthat this word was
over the name, and the inspector that II not. The
committee state that it may be well. however to
mark. that the Inspector, Isaac Smith was evl-
IDENTIFY mistaken IN testitying that the name of
Madison Marsh was printed IN capitaE ieHcrs If one
size on ShOcmaker's ticket. because sample of the
only printed tickets for Marsh. used at that elec-
tCn. accompanies and is sworn TO IN the deposition
of Phars Blake one Of the clerks of election which
shows that TIE name of Madison Marsh there print
ed in small Roman letters, with the usual capital mi
tas of a larger siZe-a mistake of so obvious a fact
might well create doubt whether he was not also
mistaken In stating that the name of the office
(prlnted IL appears from the sample in very small
italics and quite 10 the name of Marsh was not
on the piece containing the name of the candidate
Shoemaker, the contrary tcsllies that he and
prepared his ticket already stated that he voted
for Madison Marsh for Representative ; and that
the word Representative was on the same pie e OF
paper, which contained Mr.. Marsh's name that the
printed tickets handed to Shoemaker containing Mr.
Marsh's name had that name at the ton of the tick.
ct Immediately and Close under the word ''represcn-
tatve, and that the names OF the other Off GERS and
the candidates for the same. followed below IN
order. At the time of the rejection of the OF
Shoemaker, however, 1t placed on the ground
h.
per. and not that the name of the Office cut from
the ticket He could not have intended to vote fer
Marsh FIR any county office rs M1rsh was a citizen
of Steuben and Shoemaker of De Kalb county.
Here the matter rests with regard to the con-
test, far as the testimony is concerned. and the
minority Of the committee not willing to rest (
the issue on the legality Of Shoemaker's vote ; but
request that Mr.. Beall have the privilege of exam
inng all the votes gwen at the election, and for tn
purpose llr. Bcail makes affidavit that he can, If
permitted, prove two illegal votes that were gwen
IN favor OF Marsh but without stating who or where
they may be found. Mr.. Marsh also max s an aft
davit that he can prove two Illegal votes, # an IN
vestigation be had that were given for Beal Beall
says that voter indicted for Illegal voting i'm
Steuben county-bnt without stating who he voted
for, and Marsh states. in his aifd wit that Beall
was the foreman of the grand jury that ind cted
him.
1t is also alleged by Beal that he offered to
prove illegal votes before the commissioners OF De
kaib and wished process; but they refused, on the
ground OF not having power to subpoena witnesses
from another county. Robert l.. Douglas, a law
;er. gave Marsh notice that he would 20 into con-
test IN Steuben, where the above witnesses resided
but afterwards failed To prosecute said contest. No
affidavit was made by Bea before the comm ssion.
ers, and the committee are of the opinion that he
has not shown that diligence which the law con-
templates. The matter would rest however, pre-.
cisely where il now does on the legality Of the