Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1856-04-01

From the State Journal
EVIDENCE BEFORE THE SUPREME COURT

!,
dence to establish the claim of the ReIator
The Court would assume the statement of tb
Board of State Canvassers to be true unliI !
was disproved
Mr.. Ryan-If the Court please, we can b.
ready in a few moments to produce proof.
suppose the clerk will make out,subpoenas.
The Attorney General, at this juncture. an
peared, and said that the ruling of the Cou,-
yesterday went no farther than to acknowledc,
the right Of the Attorney General to withdraw
from the cause but not to dismiss it.
He now appeared to ascertain in what position
he should place himself before the Court in or
der to protect the interests Of the people. Tt,
extent of the evidence that VIII be required 0
the Relator was the question with him. The
people and he has their representative, coulc
not be satisfied with anything less than full
investigation. he had not word to say Will
respect to the judgment by default, but wish
ed to know in what manner it was proposed +,
| prove the right of the Relator. The exhibition
OF proof respecting single county would nov-
er satisfy the people. If an attempt was made
to establish the right of a Relator in that man
ner, he should deny it and make up an issue
If full investigation was to be had, he was
! prepared to have it entered into at once.
The Court enquired of the, Relators counsel
when they woud be ready to bring in their ev.
/ idence.
Mr.. Ryan-The clerk is making out subpeon-
as suppose we can be ready in fifteen min
utes after the subpeonas are made We wish to
bring in some records, and Witnesses now in
the city.
"a few minutes passed while the subpoenas
were prepared and being served)
Mr.. Ryan-If it please the Court l have
caused a subpoena, duccs tec,on, to be served on
Col Jones, the Secretary of State. to bring in
certain of the official returns. Col Jones is now
present, and informs me that he has been ad-
yised not to allow any of the papers TO be ta-
ken from his office and desires that the Court
should determines what is his duty in the prem
ises.
Justice Smiths it necessary that you
should have the originals
Mr. Ryan-Iti is necessary that we have some
not all.
The Chief Justice said the Court did not
think it should require the Secretary to re-
move such papers TO any orther places, or
danger. In this instance however it was a
different matter The Secretary is not requir-
ed to remove them from the building. He mere
ly takes them from one room to another keep
ing them in his custody all the time. Under
the circumstances, therefore, the Court would
require him to produce them.
(Some time elapsed while Secretary Jones
absent for the retuns.)
Mr. Geo. B. Smith, late Attorney General, ap-
peared with Mr.. Jones and said the latter had
desired him to say that he (Mr. J.) had been
advised merely that original papers could not
be taken from his office.
Mr.. Ryan said he had stated substantially
what Secretary Jones said to him.
Mr. Jones wished to know whether, if the re-
turns were exhibited to the Court, they did not
thereby become portion of the records of the
Court.
Chief Justice Wilton said that they would
not.
Mr.. Jones, after having been sworn, took a
seat by the Clerk, and Mr. Ryan proceeded to
call upon him to produce the returns, beginning
with Adams county.
! Prior TO exhibiting the returns to the Court,
Mr.. Ryan read from the case of the People VS..
/ Stevens, 5th Hill $40 to 629, where a supple
mentary return was declared unauthorized and
/ Illegal and that if such returns were allowed,
the result of the election would depend, not so
much on the vote of the people, as the ingenu-
ity of the canvass.
/ The official return from Adams Co, gave Mr..
/ Bashford Gil votes, to Barstow 372.
! Attached to it was a statement from A. p.
/ Ayers, Deputy Clerk of the Board of Supervis-
ors, stating that the polls in the town of Quin-
/ CIV, where Bashford had 40 votes to for Bar
stow were not legally opened though returned
/ by the County Canvassers and that two votes
| for Barstow-the christian name being omitted
were returned by the County Canvassers as
scattering The State Canvassers added these
two votes to Barstow's vote in the county, max
ing it 376.
/ The original return was filed in the Secre-
tary's office November 81 '55, the supplement
Dec. IA, '55
He next called the attention of the Court to
the Dunn county returns.
The original return gave Barstow % votes, to
Bashford %.
The State Canvassers 124 to 43 for Bashford
This was effected by supplements from Gilbert's
Mills and Menominee-the Gilberts Mills sup
plement giving Bashford II, Barstow SO the
Menominees supplement Basbford l, Barstow
IA
To these supplements an affidavidt was at
tached but no jurat. There was the form of ar
oath, but no evidence that the oath was really
taken.
Mr. Howe said that we should probably be
able to show that these supplements were pas
sed to the original returns after they arrived
here.
Mr. RYAN asked the Court TO examine th'
signatures of the Gilbert Mills supplement
through magnifying glass They would per
ceive that, although at first sight apparentl.
written by free hand, the signatures had beer
painted and their original appearance great.
changed.
The supplement was filed in the Secretary Q