Tribune and telegraph. [volume] (Kenosha, Wis.) 1855-1856, 1856-03-27


the votes of the district were counted ata Crosse
Blythe 6ou,t ia not 90 iTberts sls---there is road
there's do not know of any marsh obstacle getting
Menononee there Hayeived in that Co and half years
BY Mr. HowRDc not know Of any case where polls
opened in the county near each other.
JUsTcB Smith witnessed he knew the person named
IN some Of the supplements Witness knew none but B.
BY Mr. RYASWitness asked Co. clerk if he knew any
thing about the from Lacrosse Co. coming n
ne clerk said that he sent duplicate copies % days before
e time Tor the official state canVassthe clerks name is
M. 4. Hubbard.
Counsel for Reator presented adavits Of persons
absent one hy r. Fleming Of Amherst Waupacca Co. that
there but families in 25no justice of the peace
mo election &c.---sworn Dee e5th; H. H. Rice, who lives
az aaupacca that he should not like to testify that
there $40 legal voters there; JAS Mekeohn who
saw the made Haupacca that that paper
had no oaths attached 70 it.
cate Of the of Polk Co it referred the precincts
i published in the Ste ,ourna it was in my safe
had il to Mr. Bashford not remember his returning
me- he came to this morning supposng that had it
have looked tlro' my papers, and cannot find it.
RuBLEE, sworn-Am Of the publishers OF the Jour-
adt s shown paper containing copies Of certfcates
for publications. handed the certificates back Mr. Knapp
1 THos. REYNOLDS rehabilitation went to Waupacca I
asked to the election of Town % First he said
there were none then be said the papers in the Office
loaned Mr. sessions ard could not be seen, offered to
get horse, and go where they were was ted that
rather offcious
Court adjourned till afternoon.
Em Supreme Court, 7sareh 81, 81 K. NJ.
Counsel for Mr. Bashford produced and affidavit
from him us to the loss of the certificate alluded to-
being the same one as published in the State Joay.
tE0R.
With this the testimony for Relator closed
! Mr.. GEORGE b. SMITH said thgt he had learned
that the counsel for Relator declined consenting TO
ms appearance IN the case, on the ground that they
dld not regard his position = the same manner that
! he did Mr. Smith did not wish to take position
here against the wish of counsel for Reiator. lie
only wished to state the grounds upon which the
canvass was made, to discuss the propriety of this
method of examining into the case, &c.
| act Nv Np,it{ tn t,.ol-o H..
very modest proposition to be allowed to come in
and contest the case with the Realtors counsel
that IS the substance Of it, He said that there
would probably be another place where he could
properly he heard
Mr. RYAN said it was for the Court to determine.
The counsel for Relator are here to produce proof
not demanded matter Of right, but to satisfy the
conscience of the Court. They objected to Mr..
Smiths appearance, just they would object to the
appearance Of any town canvasseri with whose re-
turn they found fant
| &. j WHlToN-The Court cannot delay the pro-
eeedings now
! Mr.. RYAN proceeded TO sum up the evidence
lie said that if the counsel for Relator could have
controlled this case, they would long ago have APP
preached the merits of the case and not by default
They were now here to produce such measure of
proof as to make out priAa face This they
thought they had done, and should not detain
the Court to crafty any curiosity, but would simply
lrecaptulae the points.
! He spoke at some length of the question Of the
proprlety OF counting supplements, and argued the
negative, citing the statutes and various authorities
One OF the authorities expressly to the point that
the functions of boards of canvassers discharged
and the board discharged when their duties done
on the day required, and they have no right to
sembie to do their work over.
lie read the statute showing the precise duties
prescribed TO county canvassers, in Of state
election The tabular statement on the back of the
county returns SEM up here, may De a convenience
for some purpose in the Secretary OF States Office
cut is no legal authority whatever Ii the county
boards through the state had declined 10 act, the
State Board would have had no shadow of right 10
refer TO town returns. There is authority Of any
one else 10 send returns TO the State Board except
! the county officers.
The foundation ftle TO office is not caarass but
eiectton, and the Courts have the power and right
To try titles. TO deny it, is 10 deny popular govern
ment.
| Mr. Ryan proceeded to read and comment on The
statutory provisions concerning the duties of the
State Board Of Canvassers to count the connty re
turns, and MereuLon and upon 10 other to declare
the result Their duty is merely ministerial, and
nothing Where is their authority to go
further? and If they go further, where is the
limit Why is it that the boards Of canvassers from
The towns up, are not allowed Judicial power to de-
eide as to what ought to be counted. Plainly be
Inc Constitution has vested all judicial power
III the Courts who may inquire into, and correct all
the errors.
The remarks were preliminary TO commenting on
the evidence predicted in court, towit:
In Adams County were added fer Barstow two
votes
In Chippewa County were added for Barstow
majority Of % votes
1t is claimed by Keators counsel, in addition to
me general argument agH!nst the right OF court sup
piemens, that Tie Spring Creek, Bridge Creek and
Gibe@ts Mills supplements a5S0}Hte forgcrfes.
Any Madison cockney could sit down mere and
make ont just such, and just as good returns. No
authorization whatevorl But if there dozen
seals, The papers bear their face plain and pal
pabie evidence 81 fraud and forgoIy-showiHg that
they were made Ly tie sane man, al tie some desk,
mn tie saAge "k, on The same pGDer. Counsel al
Ind. IN of
nearly all Of the County canvasses being In for a
long time, there came IN, in two or three days, a
whole deiuge Of these supplements changing the re-
suit OF the election entirely!
Mr. Rvun commented at some length on this fca
ture Of tie case and asked where these supplements
came from abiding to the wilderness OF Town %
Range 10, and the nowhere of Spring Creek and The
no canvass at CIiibcri's Mills and Bridge Creek.
Eight days after the election comes out tie Wau-
pacca "Ch9pnaan' and crows over the tremendous
victory and vote there. Why didn't he tell about
ihis wonderful vote in Town 25i Why the fraud
was not thought ct then.
Bridge Greet can't be found--no election at Gil
begt's Mills. So IA to all these thilgs-tle evidence
IS very strong as 20 al Of them.
In Douglas Co were added for Barstow ma
~ o. 80
IN Green Co. " " " !" b IS
In In Manic MamIo" C@ 90 " -" q" " u
In Ocouto Co. were deducted from Bash
~ woes
In Outaghllle TO. " 90 :"
As to these last, Mr. Ryan contendcd that the act
Of the State canvassers in throwing cut those 60
Votes looked worse for them than everything else.
In Polk Co. were added for Barstow a major
In She6oygan Co. " g Il
In Washington Co. Z" II" g 10
And then comes in ITGupncca coaMy! There
were two county seats, plainly, DE- f1cto There is
a division among them. some Of The towns sent
their returns 10 Mukwa and some to Waupacca.
The Court must receive both, or reject both If re-
ce;ved, tEen lG7 majority for the Mul<wa canvass
must he added to Bashiord's count For Town 25,
- votes frauds mast be deducted from BGrstow.
Coming 70 the town vote of Naupacca is shown
a monstrous fraud. Mr. Ryan commented on the
frauds proved there the difference between the true
and false count being this--thc true one giving
Bashord 2l9 Bagstow 2SS and the false one being
543 for Bastow and 80 for Bashford II ID really
subject OF melancholy, not OF jest. Every day,
crimes ere committed. but out of sight, secretly
mercenary; but here a number of men guilty of
wlll4ul deliberate attack the sovereignty of the
State 1t is grievous reproach to Tie honor of The
State that any men dare 10 venture such fraud,
and il is Il deep disgrace thar There is man low
enough IN the State to accept the neancst oficc III
il on sach evidence; Counsel would rather be the
tenant of cell in the State prison then hold
office by such rotten, contemplate, false, and base
title Ii il insult to the moral sense and dignity
d any people, TO walk abroad with the ermine of
office. rocking and rotten with the yeInn of fraud
and forgery. If there he any number Of people in
the State who uphold sRch title to Office, which