The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1863-02-05

By the credentials IN the usuai iorni preSohou
by Mr.. Gooch, it appears that at the last annual
oiac,;on in sa;d class the number of ballots fol-
lowing were thrown for Representative to the
Legislature to wit:
For Nathan Gooch, 700
!" Reuben Merrill, 25s
Ansel l.. Loring,
thus giving Mr. Gooch a plurality of ene vote.
1t is further alleged on the part of MIR. Gooch
that three votes thrown for him in the town of
Yarmouth were mislaid by accident, and not in
cuded in the return of that town. 1t is further
alleged that in the town of North Yarmouth one
vote was thrown for him that was not counted,
and by the illegal closing OF the polls before the
time specified by law, two persons were prevent
ed from voting for him who desired to do SO.
Mr.. Merrill alleges that in the town of Var
mouth three votes were thrown for him which
were not counted; also that George II. Pendle-
ton, Ferdinand Drinkwater, John L. Lawrence,
Thomas Holt voted Mr.. Gooch in said town,
neither Of them being then and there legal vot-
Upon these allegations great deal of testi-
mony has been introduced, the minutes of which,
including deposltions, cover about one hundred
pages, and the committee have given the whole
matter a careful consideration. 1t appears that
in the town of North Yarmouth two ballot boxes
were used, one to receive the votes to fill a va
cancy n their Congressional representation, and
the other for all other tickets. In the first named
box was found one vote with the name of Nath-
aniel Gooch thereon, and no other words, which
vote counted for Mr.. Gooch for Representa-
tive to Congress There was no evidence what
ever before the committee to show that there was
any mistake with regard to this vote, and the
committee is of the opinion that it was rightly
counted. At the open ng of the meeting in North
Yarmouth it was voted to close the polls at four
Z. NJ, which was accordingly done. 1t appears
that one John Whitney had undertaken to carry
David Rider and John +. Rider, two voters of the
town, who lived about three miles from the town
house, TO the polls, which he neglected to do, as
he testified, on account of having been occupied
in getting out other voters until too late to reach
the town house with these men before O'Clock.
The Riders were both before us and testified
that they should have gone to the polls and vot-
ed for Mr.. Gooch, if Mr.. Whitney had come for
them. Had these men gone to the polls, even
after they were closed, and offered their votes or
been in a condition to do So such state of facts
might have presented serious question; but
for men to claim to have their votes counted
when they in fact had offered none, and were
not within three miles of the polling place dur
ing the day of election, is simply absurd. There
is no certainty but their votes would have been
received, for it is not to be presumed that mu-
nicpal officers would disregard the statutes of
the State, because they were SO directed by vote
of the town. Besides, there is too much uncer-
tainty connected with such case. These men
might have concluded not to vote, or they might
have voted for some other person than the
they now mink tney snOuiu nave voted Tor. we
are of the opinion that no alteration should be
made in the vote of North Yarmouth as return
ed by the municipal authorities.
We now come to the matters upon which Reu-
ben Merrill bases his claim to the seat. 1t is al
legged that three persons voted for Mr.. Merrill
for Representative in the Governor box and that
these votes were not counted. Mr.. Gooch ad-
mits that two votes were thus thrown for Mr..
Merrill, but asserts that they were counted, as
was also one vote for himself found in the same
place. Mr.. Gooch testifes positively that they
were counted. Mr.. Drnkwater, another Select
man, testihes that he thought they were not
counted, and admits that he had SO informed
others. Ii appears that soon after one Of these
votes was thrown, the voter discovered his mis-
take, and asked if his vote would be counted,
claiming that II should be, but distinctly in
formed by all the Selectmen that it would not
be counted. 1t is in evidence that Mr.. Gooch,
when told that these votes ought to have been
counted, justified their being thrown out by
former usage From all the testimony in the
case It is proved To our satisfaction that these
votes were not counted. The three persons
who threw them testify that they did SO by mis-
take. not knowing that there was separate box
for Representative votes, and that they did not
vote in the Representative box. One or more of
these men was refused the privilege of voting in
that box, although assured that his vote for
Representative put into the Governor box, would
not be counted. We see reason why votes
thrown in good faith, under these circumstances
should not be1counted.
With regard TO the alleged illegal votes
thrown for Mr.. Gooch, the committee has no
positive evidence for whom George ii. Pendle-
ton aud John +. Lawrence voted, they there
fore do not stop to inquire whether they were
legal votes or not. They are, however, salts
fled that Ferdinand Drink WI and Thomas
Holt both voted for Mr.. Goocb, and that neither
of them were legal voters in the town of Var
mouth at the last State election. II these
conclusions are correct, two votes are to be
deducted from those returned for Mr.. Gooch,
leaving him 254, and three are TO be added to
Mr.. Merrilrs vote, giving him 25S, and eecting
him by plurality Of four votes.