The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-12-06

the ballots cast for me, were taken, after
the election Was over, by persons inter-
ested in my defeat, and burnt in the pub
lie streets amidst the cheers of the ex-
cited populace. I shall contend, there
tore, that the election held in said county
on the 26th day of October last was, under
the circumstances well calculated to de-
ter the loyal voters OF the county from
exercising the right Of Suffrage; and
that it did deter many such from going
forward to vote. That said election was
held in utter contempt and violation of
the Constitution and the law, aud should
be declared nnllity, and the returns
not counted in the general result. !.
| l4th.-That in Hardy county receiv-
ed large majority of the votes cast
supposed to be between $50 aud 200 ma
jority. That Abijah Dolly, Rhinehart,
and Muntzing, declared that they were
the authorized parties to whom the in-
spsctors of election should make their
returns. That these men were all can
dldates for office at that election ON the
ticket opposed to me- That said returns
in said county were made to these afore-
said parties That said returns were as
certained by them upon inspection to be
in my favor, and that they were all de-
feated before the people. That they took
said poll books and ballots, and went
with them to Wheeling, or, some other
place, aud, after consulting with you as
to the legality of throwing out certain
entire polls, returned to said county aud
held meeting Of the supervisors-who,
/ learn; were only elected at that cleo
tion--at Moorefield No quorum being
present, they adjourned to meet at some
point-miles away from the Court
house, and there finding quorum, threw
out and refused to count the votes of six
entire townships, to.wit: Beans. Har-
pers, Matthias, Brakes, Barkdalls Mills,
aud Petersburg. That, at Kitzmillers,
poll books were deposited and notice Civ
en- for the election. When the people as
sembled, they We're informed that the
poll books had been taken away by the
order of Mr.. Dolly. claim, therefore,
and shall contend that the Board of Su-
pervisors-especially those elected only
at the last election, on the 26th Of Octo-
Der, 1965-at that and no other county
have by law no power to throw out and
refuse to count the votes. of any town
ship, and that they are not by law the
Judges of the returns and qualifications
of any but township and county Off
GERS.
18TH charge that the supervisors in
Morgan county, threw out and refused
to count the votes OF two entire town.
ships, called, think, Timber Ridge and
Rock Gap, which cast their votes by con-
siderable majorities for me.
By the illegal action of these Boards
you have received majorities in the cOun-
ties of Jefferson and Hardy. You have
been declared elected by the Governor of
the State, notwithstanding some of these
facts were represented to him by my
counsel. 1t is charitable to suppose that
he did not investigate the matter fully,
perhaps not at all.
In conclusion, do not hesitate to say
and charge that your election has been
effected by frauds most wholesale and
palpable, and violence such as never be-
fore disgraced this or any other Cir
cult.
JOHN w. KENNEDY.
State Of ". Fhyinia, Berkeley County, So:
Personally appeared before me, No
tary Public in the county aforesaid, John
w. Kennedy, and made oath in due
form of law, that the matters set forth
in the foregoing notice of contest, SO far
as they are stated on his own knowledge,
are true, and so far as they are stated OH
the information of others, he believes
them to be true.
Given under my hand and seal of
Office this 29th day of November, 1865.
r. A. SOMMERvILLB.
Notary Public