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

for Brian himself says he thinks the judges
did not hear the remark, and none oftte oih-
Ter Witnesses on the plrt of the confession,
swear they believe the polls were closed 10
prevent any one from voting l'se
On ilespart Of MI. Willford, William Nag
gle, one Of the judges or ihe election, swears
positively thatit was four O'Clock when the
polls were closed, and that they were, moi
closed for the purpose Of excluding any vo-
ter; didnot see Sharp, Finley, Tyler or Mil
Ter, and saw no vete offered that was exclud-
ed on account Of the polls being closed; had
a good English watch, which he set in the
morning BY MIR. Boyds time, and Mks Boyd
swearshis was good silver lever, and that
he had an eight day clock which agreed with
the watch. Bates, Jones and Hand, oil
swear that the polls were not closed before
four o'clock, and that they ldidnot hear one
say, ssshut down the. window, the preacher is
comhg.rns Upon questions ofthis nature, ev-
ideace could be multiplied on both sides, as
long as Watches and clocks could be found,
and it wouldbe fully as conflicting. In most
small stowns aud villages, where no chrono-
meters arc kept, The clocks and watches are
generally setby tho almanac and the sun,
and most generally by lis rising aud setting,
regardless ofpositon, whether III the valley
OF on the tnountain, Itmakes no difference
for what meridiaq an almanacis calculated,
or wheihersitis sreal or apparent time, il is
enough that the almanac says the sun sets at
seven, and, therefore, SO must the clock
JOHN Baird thought his clock right, because
II agreed with theialmanaa and The sun. II
the Judges Of an election are be governed
blythe time ofeyefy bystander, in some pIa-
ces theipolls woaldcneverbo opened, and in
others never be closed. They should have
time, which according to their judgment is
az correct as possible, and by il alone should
they be governed. Such was the course
adopted by these judges, and if they have
knowingly, or even carclessly deprived any
one Of thorightoa voting, the law afixss
the penalty. ItisP presumed they are men
of honesty yaund COED judgment, and they are
sworn to discharge their dulles faithfully.-
The evidence on sthe part Of the con,cstor
would hardly in eourtaof Justice convict
them Of any violation Of the duties required
OF themby law; and he cannot expec, this
Senate to do for him what he has not, and
dare notHttcnpt 10 dc, for himself these
men knowingly or with gross Ignorance,
closed The polls before the time fixed by stat
ute, they should be prosecuted, and the fact
that they are not, leaves just grodnd for sis-
pecting The contester has not on this point, a
perfect confidence Ill the jnsiice Of his own
cause. . H1a.H t%p9f c} 2ftt@t 1871
, In proofofthe seventh pointmthe notice,
no testimony has been referred to your com
mittee.9 ei.i q 50 A.f5t3 y 4sirJ ~
THE eighth pointiin the notice is, that the
iudgesof the 'electionsin Sugar Creek town
ship, took one vote for Willford after closing
the polls, ard after the hour Of 4 O'clock,
p. M.i51 bas 8Glealo a's ycas 1sAasI.5ia A
) This was the vote Of Jesse Oils, as is
more particularly charged in the memorial
{ sIti is proved by the doposiloniof Cook, and
by the poll books, that Jesse Oils voted. and
his name is the last on the poll book..--
Cook swears, he voted afierthe election was
proclaimed closed, but that there was some
dispute beiweenthe Judges as to the time.
Yergin and othors said it was not feur;s they
sent out to ascertain, and twas decided the
name should be put down and the vote ta-
ken. John Clarke swears that he saw Otis
al the polls some told him he was too late,
and ethersiold him he could vote--several
timepieces consulted, and it Oas not four by
any ot them, and the judges took his vote.----
Parsons swears it was not fouro'olock by sew
eral timepieces when Oils voted--the Judges
went by his watch, which was too fast--the
window was shut down and the polls closed,
when the general cry was, that il was not
four uro'clock; several watches were examined,
and he sent to his ehouse where he had two
good clocks, aud il was ascetaineds that itwas
not four o'clock, and the vote was taken;
there was five or ten minutes between first
and second closing; no other vote was taken
Or offered McClelland, one of the judges
swears il was before four o'clock ; By a ma
s;ority of all tbs tmsepieces they could see or
hear from, when Otis voted. aAs4.s .aea
n tits the duty Of the judges to keep the
polls open until four o'clock, p. M., and they
must be governed in their action, by snch
time as they deemthe mostaccurate.- They
were ia case case, and siftheresis no evidence
to cenvictthe Of u violation Of tho law, the
reception oft vote was not illegal, and
were this contest depending upon this one
vote, in the opinion Of your committee j,
would prove successful. But, did Jesse Otis
vote for Willford for Senatori III isnot prov
.edthat he did. sItisassumed, because hs
was democrat, that be did so.a Had erers
democrat in the county Of wayne, roted 70,
~. WilIford, this question Of contest reald
hardly haze arisen. atssf
In the memorable is also stated. that jos
Cradle illegally voted for Mr.. Willfcrd, il
the township Of Paixt, being asiis charged, .
resident &c the State of Missouri. John H