Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1856-01-05

~ Niger in the Fence !"-C.sting Il Cisse-Firss
EAitisn sf Rascality-0ive the People Light.
In our issue Of Saturday we alluded to the
case Of Hon. Warren J. Howell, from Fillmore
County, whose seat in the Council, it is alleged,
will be contested on the ground that he did not
receive the majority Of the votes. We briefly
set forth the facts, as we understood them, in
order to showthe community what tricks are re-
sorted to by our opponents to carry out their
ends, and we now propose to follow up the
subject until those engaged in the transaction
shall be placed fully and fairly before the pub
lie. We want them to be seen Of all men. and
if they have not been guilty of wrong, they
will have nothing to regret.
g What are the facts? An election was held
on the ninth day of October, 1855, in the pre-
cincts Of Chatfeld, Carimona, Richland, Rush.
ford, Forestville and Elkhorn, in Fillmore
County. for the purpose Of electing gentleman
to seat in the Council of the Legislature Of
Minnesota. At this election, the aggregate
vote in the several precincts. was 335, Of which
Warren ]. Howell, Republican, received l39,
and w. J. Howell, (meaning Warren j. tho
the first name was not written out in full, ) 81
making Mr.. Howell's whole vote 10. B. F.
Tillotson, his opponent, received 165 votes, CIV
ing majority Of in favor of Mr.. Howell.
The clerk Of the precinct of Elkhorn, through
carelessness, returned the IS votes cast for
Warren j. Howell as cast for William ]. How
ell, and because the clerk made this mistake,
Mr.. Tillotson and his friends now wish to GUST
Mr.. Howell from his seat and place therein
one who has not the shadow of a right.
In order that our readers may fully under.
stand this matter, we have procured the follow
ing documents, first, from the clerk Of the coun-
ty canvassers, setting forth the facts we have
already alluded to, and second, the affidavits of
one of the clerks and all Of the judges of the
election, who certify that the clerk of the board
made the mistake in entering the name Of Mr..
Howell, and they also testify as to the number
of votes cast in Elkhorn Precinct.
First, we call attention to the statement of
facts made by Mr.. Gere, clerk Of the County
Commissioners.
TEhElro.r H OF OF M,SsssorA' S!,, g.
l, Clerk of the Board of County Commissioners,
of Fillmore County, hereby certify that at a
general election held on the ninth day of Octo-
Der, A. D. 1855, in the Precincts of Chatfeld,
Carimona, Richland, Rushford, Forestville and
Elkhorn, in said County of Fillmore, the number
of votes cast for members of the Legislative Coun-
Gil of Minnesota, in said Chat6eld Precinct, was
sixty-o one, of which w. J. Howell received twen-
ty-six and Benjamin f. TillOtson received thirty
five. In Carimona Precinct the whole number Of
votes cast therefore, was eighty.fve, Of which
Warren j. Howell received fifty live and Benia-
min F. Tillotson received thirty; in Richland
Precinct the whole number was one hundred and
thee, of which Warren j.. Howell received for
ty-two and Benjamin F. TillotsOn received sixty
one in Rushford Precinct the whole number was
twenty -eight,of which Warren j. Howell received
seven and Benjamin F. Tillotson received twenty
one in Forestville Precinct the whole number
was eighteen, of which W.{ Howell received five
and Benjamin F. Tillotson feceived thirteen in
Elkhorn Precinct the whole number was forty, Of
which VIM. j. Howell received thirty five and
Benjamin F. Tillotson received FIVE, as appears by
the official returns, of the several Boards of cleo
tion in each of the aforesaid Precincts respective.
ly, and now on file in the Office of the Board of
County Commissioners of said County.
also certify that the number of votes above
named, were the only votes cast in said County
and returned to this Office for member of this Leg
islative Council, and that the whole number Of
said votes was three hundred and thirty-6ve, of
which Benjamin F. Tillotson received one hundred
and sixty five, Warren j. Howell received one
hundred and four; w. j. Howell received thirty
one, and William j. Howell received thirty five,
as appears BY said official returns of the Judges
and lopkU NJ al 1oNtSn in Ah nf ~n:A
respectively.
in testimony whereof, have hereunto set my
hand and affixed the seal Of the said Board Of
County Commissioners, at Carimona in said Coun-
ty, this twenty-6rst day of December, A. d. 1855.
Signed ~ VIM. B. GERE.
Clerk OF Go. Commissioners of Fillmore Co. M. T.
On the strength Of the above, Mr.. Tillotson
received his certificate. Mr.. Gere does not
60 back of the returns made to him, which in
clude the thirty-fve votes cast for Warren J.
Howell, though the clerk wrote the name of
William J. Howell, of which fact Mr. Gere
must have been cognizance at the time; but
he sets this all aside and seeks to carry the i'm.
preston that the IS votes, written VIM. J. in.
stead Of Warren J. Howell. by the clerk, do
not legitimately belong to MI. Howell. That
they sOere cast for Mr.. Howell, and that a mis-
take was made by the clerk, will be seen by
perusin: the following:
TERRIroRY OF MINNESOTA, -
Fillmore County, Sc
John Mower, being duly sworn, on oath saws he
was duly appointed Clerk of an election in and
for Elkhorn precinct, Of the county Of Fillmore,
and Territory Of Minnesota, and that on the ninth
day of October, A. D., 1855, an election was
held, and among other persons voted for at said
election, Warren j. Howell received thirty.6ve
votes for Member of the Council, and that through
mistake of the Clerks of said election the votes
were returned to the Board Of Commissioners of
said county ~ having been cast for William j.
Howell, and further the deponant saith not.
JOHN MOWER.
r1s.,gDs, coro,, o. S' r;1'n.1s, rM;15'ss.,er4'|..
Subscribed and sworn to this 22d day Of De-
cembsr, A. D., 1855, before me,
I s H. 8. H. HAYES,
Justice of the Peace.
T1.Ig1S.I T;,,.a,.. o. cs.s,. cM,ss.'orA, IS. -
s. W. Kingsley, Henry Kibler and b. A. Steer,
being duly sworn, on oath say they were duly ap-
pointed Judges Of Election in and for Elkhorn
precinct, Of the county Of Fillmore and Territo-
y OF Minnesota, and that on the ninth day of
October, a. D. 1855, an election was held. and
among other persons voted for at said election,
Warrsn ): Howell received thirty-fve votes for