The sun., 1864-10-29
The Alleged Election Frauds.


B1ltirnoye Oct. 2S The Military Commission
to Investigate the ALLEGED fraud in taking the 'o,c
Of tho soldiers from Now York resumed today.
Donahue was brought into Cour, about O'Clock.
lie had no counsel, hut proceeded In his own be-
hslf to object to the jurisdiction % hs Court
TIC prisoner pleaded guilty OF hs having signed
certain blanks with tho name Of e S. Arthur,
Cap,n'n AMI Aii-lc-'amp, amt no others and as
IL did not appear thgt he an officer
Of tho State = New \ RI, or Of the United
States tNcrc was. he conteulri. n crime coin-
mit,ci The Judge AdvocNe sad no prisoner
Hrst wishes 10 object 70 the jnr siction OF ihe
Court, on the ground that the offence charged IL
one TIM, should bo tried not by military,
bu, by a civil court. In the second
Place, pleading 10 Tie merita o' The ,aac'
ne peeiH gailiv Of having signci certain blanks
mentioned IN the ~, rricr'ci lo the name OF e. q.
Arthur, Captain and 4. \ O.. hut that h" is not
guilty oi having signed any other officers or p-l-
va,es' names lie clains,hat tlS sguins, not haV-
ing specified the regiment OF the ofhcer and 1t not
tppearng that thare was any oihcer ~ that TaWc
IN the volun'ecr service "t the state of NV forA,
did not constitute scrirr; thnt such yocl were on
their iaco Illegal sui could not I've received IL is
but fair TO state that the Governmsn, claims n At
tbc accused has forged tue names Oi 40 diers and II
other uficers sTcciiying -cci'ucnis. 1t "U there
| fore ~ necessary for The government 20 gu into
rroof On .hs, point The President ~ th. Court
would decide, nrs. the question Of Jur.sd!c-
| hon.
| JUNIOR ApypCkTF In ulN opinion the lnrt ht
| jurisdiction Of the case for the raaaon that the
Grim. as ALLEGED was committed by N. perspnntnF
Of soldiers now IN tho volunteer service OF u . tn-
| tod State. nui signing their names 70 election
| blanks Tor the purIose ~ defraudng soldiers =
! their votes The offence is not one against the
| state of New York. To constitute u crime
against that Stat" the offence must bc committed
within the state. THIS crime was was committed ,
! within ,lre State Of Maryland. II the state of
y New York were 20 aisenlpt 10 punish ~ II
would not be kuown IN what Court TO
try the ~ soner. The crime was not commute IN
| tlat state, consequently The state Of New York
a. uld hay. no jurisdiction. On the other hand It's
NJ IA crime against tho State Of Mar! land. IL IS
| nei her the common law crime oi forgery, which
rcot 4rod tina, IL should he for tho "lt" gan ai
mon ". nor IL II statutory criuein narylsnG. IL
IL not IL crime against the civil laws Of the Unite
| States Il is No, a comm9n law forgery IN the
United ssates. Hence, II military cour.
! he tried all. The act ol the i'ate Of Now ivrk
ci,.lei III ac, 10 enable qu,i fod electors Of this
! state abaor h orefrom md .' 'lo military service
~ ,hc Iuit, j states Iu ths army Or Layy, to yote
isoniv into led 10 he ew Ia time Of actual war,
! wb,n 0uds, MILITARY law Is DE law o the land.
/ TLIs crime y, Vs dir~ily 10 the efficiency Of the
service The q, 'pr.yatOn OF u soldier Of his rght
| To- vote the Lnu .letse that he was dcfrauicd Of
| /, vy,,lj have a 2'ux eject. II h.s fake
vote he received al the polls his true vote when
| nrceented aIter~ards viii he reJectod. The very
ioundation Of the Government which guards tie
gh,s Of tbe ci,,7enn electors ID by tina, oct at
| ,ockcl ard the only mode in which the offence can
| 10 r,n,s,,cd Ia by the military authority. The
o,sooce i, 20 a .reat extent, violation oil gener Al
| orae- No 2c5, which commanCA otlo'rs 10 take
.srcs 10 secure freedom aud fairness OF election.
and to Sc that It shall be condueted win due re-
! gard TO . ,od orGor and military discphn-. What
greater attacs on good order and military discl'
pIne than this.
The Court decided that IL lad jurisdiction In tn,
case
Mr.. orville x. Wood, Of West ChaIy Clinton
| County, y. Y, was then sworn IN the part OF the
Government, and test.fo,. IN substance as follows;
Resides a, wer. CAs2y, Clinton Co., = T.; ia
! merchant; cams 20 Bit.m0r rc Us he az IT ~ u,
Union Committee 0f i7 county, 10 assist IN Irocur
ing solni.rs ,.tes N this ctyi visited Fort NJ Hen
, | ~, and there net Cant. Dtrnur, u tie Jli
| New York, and sey, RAJ soll.crs from Clinton g..
! stopped there two OF tfIeo day; IN colYor or
| wltI Cap. MuJermotl in relation ~ tie NounH %
| soldiers, he rctnarsed that there had tecn sput
| CHECKER plAyinr," and his suspicious werc arous
| ed. visited Newton University Hosp!sai, and ron
whai he heard there suspected Il At somtIuins "a
| wrong; went 10 the oihCe ui to- STATE Ag"n,.t -
| L1.4ye,s st.. and there mel Mr.. Ferry asked IlH
\ how things wero getting alCng gH ~ hII. ~ uh
derstanI that he tWJod! belonged to M
Mcclellan party Ferry desired 10 know
he had a comm ssiCn from GOV. :, ympur; be- tu.'
Is Committee. Mr.. Ferry dee red 10 see hs CON
| uA4.ion, He said lie had none, but he had a ls
| of the sn.iiers Of his COUNTY, which appeared q
s.ts.v ~ Ferry. He told NJ. Ferry Nat ho cam
10 Baltimore to get ne vote Of the 9lf New York
He ais informed tina, IL mad been taken. McClcl
? In r,scelvsI 400 votes, saI Lincoln II. He G.,
prcsscl srrprise ~ the small numter OF vote
paIlee for Iiv1aln, wNc- xr. rcrry sad NAT vi g
, tn.,a ystas s.Ils Lao u.Si othsS tasv S@s y