Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1854-06-21

vM $780,
WEDNESDAY MORNING, JUNE 81. 1854.


IN the s1gutest degree, Tie determination OF
the questions involved in this contest, and
now before the proper tribunal. We shall
c%onine our notice Of it, to what has already
taken place, and some Of the means adopted
in its conduct.
1t was understood prior to the last Court,
that an effort would be made to qualify Mr..
Cushwa, the candidate who received the
largest number Of votes, and to whom the
return under the law had to be given, and
thus make him Sheriff of the County, sub
jcct to the final decision of the Court as to
his right to be such. His motion to the
Court, by his counsel, was not in that form,
but to quality him ABSOLUTELY. and as we
stated last week, to quash, or dismiss tho
complaint upon which Mr.. Newcomer hsA
based the contest, as presenting no legal
grounds Of contest, that Of Illegal votes be-
ing one of them, and the first.
The motion failed ofcourse. It could not
but fall,-being based upon grounds so I'M
tcnablc, that every intelligent and unbiased
mind could easily decide them to be with
out foundation in reason or justice. The
main ground of the motion was, that the
Court, under the Act Of Assembly, could
only inquire into the retara-not into the
election generally or in other words that
an Illegal or fraudulent return could be re-
jectcd, but not illegal and fraudulent votes
The next step in the proceedings for Mr..
Cushwa was, 10 insist that the Court should
first act upon the two other objections
made TO the regularity of the election, by
Mr.. Newcomer, viz That the polls at four
Of the precincts in the County were closed
before sunset and that the Court had
failed to appoint conductors of the polls.-
These two objections were then inquired into
and the facts upon which they rested were
clearly proved, andn witness was introduced
to rebut. 1t was shown too, that several
voters were prevented from casting their
votes by this premature closing Of the polls
Whether these objections and facts consti-
tuted sufficient grounds - as we believe they
did-upon which to have set aside the cleo
ton, W. need not discuss, as the counsel for
Mr.. Newcomer, upon an %intination, then we
believe for the first time given, that Mr..
Cushwa was ready to go into a scrutiny of
the polls, promptly waived them, before the
Court was called upon for its opiuion. This
course had been at first urged by Mr.. New
comer's counsel as being the real and sub.
stantial inquiry.
What occasioned this change of front, in
Mr.. Cushwa's defence we are unable to say,
unless it was that it began to be quito man
fest, that by reason of the closing of the
Polls before the hour required by law, the
election would be set aside entirely, or unless
perhaps it was regarded as Hobsou's choice.
The Court, on Thursday, upon its own
motion,-both parties having announced their
readiness and willingness to proceed, con-
tinued the case until the July term.
The scrutiny of the polls, we understand
so far as Mr., Newcomer is concerned, will
be vigorously prosecuted, and to a success
full result as we are confidently assured.
There was one feature in the discussion
which we deem worthy of notice. 1t was thC
condemnation by Mr.. Cushwa's counsel Of
the Tribunal constituted by law to enquire
into" these cases Of contested elections. w,
ask what Tribunal should be substituted
Ajury, or a Judge of the Circuit Courfi
Or none, as was minated and thus offer
premium for illegal votes
We are told "that the Democratic part,
look with deep and painful interest to thu
action now pending in the County Court up
on this contest" What is the cause of pain
Or where is the necessity for it Can it b
that there is any fear of the exposure of il
legal votes, and other Illegal and Height
mate action ? Or is it bscause the Court i
not ,rith and Of them Z? This latter suppose
ton as to the cause of the pain, seems to b
repudiated in the almost hope, expressed tia
the result will be such as to "give increase,
confidence in the purity and impartiality {
our County Judiciary"
Without regard to the consequences whic
any result may produce, we believe the CouI
will discharge its duty ftdrlessly, and i'm
partially,-it is bound to do its duty, il
whole duty, and nothing but its duty, le
the effect upon the peace and good orde
Of society" be what it may. We have Il
idea that Mr.. Newcomer or any of his friend
will be in the slightest degree intimidated b
any ominous outgiyings. All they want
a fair, but rigid scrutiny Of the POLL
and that they are determined to have, an
with the result they will be content.
We omitted to say that the counsel WI
have appeared for Mr.. Newcomer are Messr