The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-21
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after the Judges of election had made return as
aforesaid, the Clerk of the Superior Court of Bati-
more city, in discharge OF duty imposed on him
by law, certified said return, in due form, to his
EXcellency the Governor of fMaryland and that,
afterwards, his Excellency the said Governor is
sued to the undersigned commission for the said
office of Sheriff Of Baltimore city in due form,
bearing date the tenth day of November instant.
signed by his Excellency the Governor, with the
seal of the State of Maryland annexed and attested
by the Secretary of State, and which said commits
sion this Respondent has duly accepted, and which
he is ready to produce, when and where it may be-
hove him.
Further answering, this Respondent says, that he
is prepared 20 give bond, required by law, with
sufficient sureties, and is ready to take the oaths
prescribed by law as to qualify himself to enter
upon the active discharge of the duties of his said
office; and he states that he has only delayed the
giving of such bond and the taking of said oaths,
until the present document shall have been filed :;
and that he has DELAYED because he deemed it be-
coming and respectful to do so.
Further answering, this Respondent states, tha t
said election held on the day appointed in that
behalf by law; that due notice was given, as re-
qulred by law of the time and places of holding said
election; that the same was held under the super
lntendence of Judges of election, duly appointed
and qualified to act that said election was held and
conducted, and closed, as required by law, without
the occurrence of such violence or intimidation as
suggested in said petition, without the exclusion
from the polls, in any wards ward of said city,
of majority Of the qualified voters, or of any of
the quahhed voters, suggested in said petition.
And this Respondent, further answering, saws
that the pretence that majority of the legal voters
who intended or sought to vote for said petitioner
were prevented from doing by intimidation, vio-
renee, or IN any manner whatever is utterly un-
true and that it is equally untrue, that the cleo
tion OF said petitioner hindered prevented
Dy tne rejection o! many, any, legal voters, who
sought to vote for said petitioner, by the adms
sion OF any illegal votes, alleged to have been cast
and counted for this Respondent All averments
ana suggestions of such, the like TENOR contained
in said petition, entirely unfounded and untrue.
And this Respondent further answering, says, tn ut
IL Is not true that the Judges OF election, in any of
the wards OF the city, received or counted illegal
or fraudulent votes, in number large enough to
nave prevented the election of the said petitioner
or received or counted any illegal votes whatever;
that 1t Is not true that the Judges of election,
that any one more Of said Judges were not, or
was rot qualified to act as such and that the charges
OF colusion, fraud, fear or intimidation charged
upon, or in respect Of said judges, wholly un-
true; and the pretence that, by any improper re-
ceptlon OF any Illegal votes or Illegal vote or by
any improper rejection of legal votes any legal
vote, or by both, or by or in any other improper
manner, the said petitioner prevented from re-
ceivng majority of the legal votes of said city,
Is utterly untrue; and the suggestion that he may
have actually received majority of the legal votes
is not merely untrue, but absurd.
And in answer to the averment that this RespOn-
dent was not lawfully elected at said election the
Sheriff for Baltimore city, he says that said
ment Is utterly untrue in fact and in law; and he
alleges that he was fairly and legally elected such
Sheriff, by having received at said election the
highest number of the legal votes of the qualified
voters Of the city of Baltimore.
And this Respondent, not waving any of the eX-
ceptions herenbGtOre reserved and saved, and be-
ing advised that it is not necessary to state and
specify the various legal grounds on which he in
tends to rely, respectfully asks that he may be
hence dismissed, &C. Gro. H. DUrroN.
VIM. SchIey, counsel for Respondent.