Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1865-12-05

defeat, and burnt in the public streets
amidst the cheers of the excited populace.
l shall contend, therefore, that the election
held in said county ON the Goth day of Oc>
tober last, under the circumstances was we'll
calculated to deter 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 Con-
s%titution and the law, and should be declared
a nulllty, and the returns not counted in the
general result.
l4th.-That in Hardy county I receiveda
large majority of the votes cast-supposed to
be between $50 and 200 majority. That
Abijah Dolly, Rhinehart, and Muntzing, de-
clared that they were the authorized parties
to whom the inspectors of election should
make their returns. That these men were all
candidates for Office at that election on the
ticket opposed to me. That said returns in
said county we're made to these aforesaid
parties. That said returns were ascertained
bythem upon inspection to be in my favor,
aud that they were all defeated before the
people. That they took said poll books and
ballots, and went with them to Wheeling, or
some other place, and, after consulting with
you as to the legality of throwing out certain
entire polls, returned to said county and held
a meeting of the supervisors-who, L learn.
were only elected at that election,-at Moore
field. No quorum being present, they adj
%JOurncd to meet at some point-milc away
from the Courthouse, and there finding u
quorum, threw out and refused to count the
votes of six entire townships, to-wit: Beans,
Harpcrs, Matthias, Brakes, Barkda!Is Mills.
and Petersburg. That, at NitzmiIler's, poll
books were deposited and notice given for
the election. Whep the people assembled.
they were informed that the poll books had
been taken away by the order Of Mr.. Dolly.
l claim, therefore, and shall contend that the
Board ofSupervisors-especiaIiy hose elected
only at the last election, on the 2Gth Of Octo-
Der, lS6J,-at that and no other county have
by law no power to throw out and refuse to
count the votes Of any township, and that
they are not by law the judges Of the returns
and qualifications Of any but township and
county officers.
15th.--I charge that TIE supervisors in
Morgan county, threw out aud refused to
count the votes of two entire townships,
called, l think, Timber Ridge and Rock Gap,
which cast their votes by considerable major
tiles for me.
by the illegal action of these Boards you
have received majOritics in the counties OF
cShSlSSI HHu 4ldlON. LOU nave DCGn Ue-
ciared elected by the Governor Of the State,
Notwithstanding some Of these facts were re-
presented to him by my counsel. Its chart
table to suppose that he did not investigate
the matter fully, perhaps not at al.
In conclusion, | do nOt hesitate to say and
charge that your election bus been elected
by frauds most wholesale and pa r;,blc, and
violence such as never before diSgraccd this
or any other Circuit.
JOHN W. KENNEDY.
State Of ". Virginia., Bcyzcley County. set:
Personally appeared before me, Il Notary
Public in the county aforesaid, Joha 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 OF
his own knowledge, are true, and SO far ua
they are stated On the information Vi others,
he believes hem to be true.
Given under my hand and seal of Office.
this 18th day OF November, 1865.
Il. y. SoMMERVILLE,
Notary Public,