Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1847-02-05

would not swear in the technical oath Of the stat
ute, that they intended to stay, instead Of they
would stay, as long as they could get employ
menl.
lt IS believed that these votes from the testmo-
ny were illegally rejected, and should have been
received for the conlestor, for whom the testmO-
ny shows they were offered, aud should now be
counted; or ifihe election vas lost to the contes.
or, for the want Of those votes, the election
should be set aside, and returned again 10 the
people, if upon principle they cannot be counted
here.
II is proven that William Miller, William Ty.
Ter and Peter Sharp, three legal voters, all went
TO the election in Mohecan township, expressly
10 vote for the, coniestor, and that Sharp actu-
ally demanded the reception Of his vote, though
the election was just closed; and that finding his
rejected, the Others did not offer theirs, although
they went there only for that purpose. Consid.
cradle testimony has been taken TO show what
time the election closed. 1t was closed agreea.
bly, 10 the time of William Noggle, one of the
Judges, who swears that his watch having run
down in the morning, he set il by guess, and when
he arrived at the election place, he set it by Jas.
Boyd's, but not with it by several minutes, and
he could not tell whether faster or slower. Boyd
swears that as far as he knew, his watch was
about right, without stating any means he had Of
knowing its accuracy. Bates, who lived in Je-
romeville, where Boyd also resided, had watch
by which it was from three TO five minutes after
four; and these were the only two watches, or
time pieces, that made it four O'Clock, although
Samuel H. Hand swore that it was by John ID.
Jones' watch, Jones HIMSELF however, swearing
he only knew the time by the watch Of Bates.-
On the other side, il appears from the testimony
of John and Jacob Beard, Elisha Burr, James B.
Coffin, Abner Findley and William Tyler, that
by the clocks of Findley and Tyler, connected
with the time they believed they we're going to
the election, by the clock and watch of Coffin.
the clocks Of Beard and Brown, in the village Of
| Mohecanville, and the watches Of Burr and Bru-
baker, in the country, it was not four O'Clock,
when the election was closed. By Brubaker's
itwanted from five to ten minutes, by all the 9TH
ers il wanted from twenty to thirty minutes
The Judges were warned by John Beard that it
was not four, and there was much complaint, but
the Judges kept the election closed.
By majority of watches, according to the
testimony of Judge Gowdy, of Sugar Creek town.
ship, it appeared not to be four o'clock, P. NJ,
when the polls were closed in said township
Adopting the Democratic principle, and finding a
majority of watches against them, they opened
the polls and received a Democratic vote, but the
| Mohecan Judges could not adopt the time of the
majority, and let three Wings vote, after closing
the polls.
| From the evidence there is good reason to be-
lieve, that this election was closed too soon.--
The manner and circumstances under which it
was closed, gives rise to suspicion as to the fair
ness under which it was done. John Beard
swears that Sharp was in sight, and within few
rods Of the window when it was closed. Some
one on the outside said, "shut down the window,
the preacher is coming-cose the election, it is
four o'clock" Wilson Bryan swears, that Sharp,
| Tyler and Miller were all in sight, and two of
them within five or six rods Of the election win
dow; and the other, within quarter of mile,
in plain sight, when Justice Wealherby came out
of the door, and when within five or six steps OF
the judges said, "shut down the window, the
Wings are comng' and went to the window
put his head in, and in a moment took il back,
when the window was Immediately let down, and
the vote ofSharp refused. The Witnesses do not
know whether the judges heard these remarks or
not; but Weatherby has not been called TO deny
them; and from the manner in which the cleo
ton was closed, there is room left, not only TO
question the time, but also the motive.
! But if it was closed too soon, as it evidently
was, whatever the motive, the effect OF il was, TO
exclude for the contestor, three legal votes, which
ought now to be counted for him, or made the
ground of setting the election aside, and returning
the candidates to the people, in case the contes-
tor has not votes enough to entitlo him 10 his
seat. Of which there can be no reasonable doubt.
The report Of the majority of the committee,
however, regard the contestors remedy in the
criminal prosecution aud conviction of the ludg-
es, if they have in any way misbehaved; and sup
poses that this body is concludedb by their decis.
ion, until they are legally convicted of their Of
fence.
Irit be clear from the evidence that this eec'
ton was closed too soon, and that legal votes
were rejected, which were offered during the
proper hours, whereby the result of an election
has been changed, nothing is more clear than
the power of this body to correct the error, and
TO determine upon the fairness Of the election, anC
the qualifications of the member. If the Judges
of the election, by accident or design, have com
mitted error, it is not only in the power of this
body, but it is their duty 10 apply the remedy
The rights of the people cannot be taken away
from them, or voters deprived Of their rights o
voting by the Judges of election in such manner
as that this body can have no supervisory powe
over the election of its own members, so long a
: the present constitution expressly conlers thi
power upon it. As well might it be said to TIL
contestee. that before he should claim the benef
of an illegal vote, given for the conteStor, h
should be bound to prosecute the ofenders-tha
he should not be allowed to ask this body for an,
, redress, so long us the offender remained uncon
, victed. The imposition of such burden on ei
ther contesor or contesee, is not TO be expected
Ii worthy Of consideration also, whether tn
whole poll of votes from Jackson and PER-
townships, in this district, should not be entrel
, thrown away because the ballots for state an
county officers, were, contrary to law, all vote
: and deposited in one box, instead two, as state
% C. l.. na,nA1.. ..lAlr, r,A.ctnA ID