The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1847-01-29

swoar il there were more ballots in the box
than names on the poll book il was owing 10
mistakes by the clerks 'inaakag down the
names, they swercs correcting VII sdsyy and
thsrs was frequently tive or, three difference.
] The testimony upon This point is Of a pscu-,
liar character. 1t is certaip, if an error exists
the jus ges were not aware Of il ,sand under
4 the eircumstaHces, The books being kept BY
the clerks il, ,ths manner showp, had there
been two more ballots in the box, than
nanes onthe poll Books, the Judges would
!. net have been justified in, excluding a vote
for MI Csx or for Mr.. WilforJ, syss il they
had discoysro the error at the lins of can
Ivasslng. aiTea sstaHiia sifHiy bk1 t9sYg
.Iash ~ is The intention .sfiihe statute 10 guard
against fraud, deceit, or abuse inlconduciings
Ian slsction; but where it is clearly evident,
asin this case, that no fraud, deceit or abuse
exists, and neither party IL knswns 10 be or
can show that he, is injured, can advantage
Ibstaksn cfunintenlional error, which how
ever, your committee cannot admit exists !.
for upon The one side is produced The tes-
tneny Of tho humber and condition. Of the
ballots only, WHICH in. the opinion %! your
cemnliitce, cannot be legal svdsnce; while
onlhc oiher,lis the certificate aud return of
the judges--ther eaths in addilioa, asst the
legality Of svery vote pu, inio The box, the
Eabsence ofdoubie tickess --andg,he still
Important fact they were not aware Of the, ex-
lislencs ofany error. III q sy.ss) .4sy5,i. 81 4
.ss But itimay be said that thero is not only
two ballots more on the string than names enI
The poll book, bulthere is one less for Will
ford than was returned for him by the judges
--bsing only ISL. Your, committee cannot
accountfor that which twas not in the pow
.sr Of the Witnesses TO do; but if Mr.. Cox
gains vote here, by the same kind Of test-
meny he leses one in Chippewa, aaiT sen
The ffM point in the notice, not being
msieralito the csntest, and no Testimony
.hsyingbeen taksn relating Il, ,,may bepas-
sed ioyers ,bsaaBo4H .fi5slis5aza .sisa5 1
.Es3Ths sirth prlnf. that The judges in The
]tewnshp Of ldohscan, and also in each ofihe
other townships in tho district, closed the
Ipollsat half past three o'clock. aud refased
the votes Of ten legal .yeters in said tewn-
ship, who offered 10 vote and would have
voted for Mr. Cox, is next in older, for sx-
att-tfrt
1.-THE particular specifications in the memo
lyial efthe conteslsr are, that by closing the
/ polls in lhisltownsllp before four o'clock,
William Miller, William, Tyler .aad Peter
tSharp!were unlawfully deprived Of their right
(efiyolipg, spdstbat they weuld have yeted for
him. Much testimony has been taken ieI
sustain this point. .gsS .aag0 .srro1 ai I
1ea Peter Sharp states that he went, to the
election, found s,hs polls closed, did not
: know the time ofslsy yrweat to the window
I.--demanded to vote. was asked why he
came to yotesa at that time Of day--should
have voted for Mr.. Cox--supposed he went
in time, but Bates told him he was too late
j did not tender any ballot--did not have any
4 Jpcepared-d;d H,not any one rote afierthat
II time to the best Of his knowodge-.-w a
resident of Ohio, and thiriy-six years of age.
4 s William Tyler states that he went to the
Ielection--did not know.ihee time exactly
thought twas before four--by Elisha Burr's
watch it wanted iwsnty-four minutes Of foar
did moi. vote--would have voted for Cox,
u ifho had not been told he was too late.
y lived three miles and a half from place Of
u electon--five minutes after three when he
i left llome--rode fast--ihoughi his clock
not speak with the judges--d'd
! not offer any ballot---did not have any pre-
|, pared--had never yoted--had mo watch
was notinside the room+--wss twenty zone
4 lyearsaoldin January, lS46~didnot ve,e last
springfield know when election was--heard
talk Of election for Ashland county seat, but
did not know when itlwas. 20 galsfzsS
4 William Miller states that he started to-
go totheyelectien with Einley--met some
returning quarter Of a.mile from Mohecan-
ville--some said itswas too laie---others a.
! little further on saidifjh he, hurried would be
! In time went to- giown--polls closed aud
window down--staid littlcs and returned
home before sundewn-7lives two. and half
miles from town Intended 10 vote Cor !, Cox
! --was yotsr--had 20 ballot ana did not
lpressnt any.a SO a2insa Il t.an aesl 4 \
4 asAll the material part ofthe depositions Of
these persons alleged to have been deprived
et theirrght of voting is given above, and II
proves any thing butdhat the polls in this
tewnship were closed before four. o'clock.
4 Abner Finley swears to about the same facts
as Miller, with The addition, however, that he
Ieft home a little after three, and thought he
was in Mohecanville before four, but he had
no watch and dldnot see any, and had no
means ofknowing the time other than the
Ispsed Of his horse, But there isl. ,however,.
livery conflicting testimony as regards. the
!, precise time Of closing the polls. John,
n Baird, d,aJacob Baird, James B, Ceain and
4 lWilliam Burr swear, that BY their lime, the.
Enolir xvera closed hefora four and atternDt
HIS madssto show BY Wilson Brian, that the
y polls were closed with the express purpose
erpreEsning Sharp and othsrs from voting.