The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1867-03-08

he hearts of those men, or their parti-
an feelings, that caused this difficulty.
There was no evidence, am informed,
before the election board that this man
vas deserter. You cannot find any
evidence on the record that he was Il
iesort r; and now they come here and
mako the assertion that he was well
known dcserter. The gentleman from
Bradford county, in the House, Mr..
Kinney referred to the very patriotic
class of citizens who fought Lee in Can
lda," etc. | would advise the gentle |
man not to be so very hard upon his
friends of Sullivan county. |
He thought the stump speeches he used |
i'm Bradford County would do to use in |
the hall of the House of Representa-
tives, and thought they would apply to
the Democratic party, when, uniortun-
ately, they applied more to his own
friends than to the Democratic party.
have been sent to the
papers of Bradford and Sullivan coun-
ties, by some person claiming to be an
outsider, but who, | believe, is men,
ber, in which they have endeavored to
excite and get up a partisan feeling, i'll
which they say justice cannot be done
unless this case is transferred. L am
anxious that, wherever this case. is
tried, it shall be tried upon the
merits of the case, without parti-
san feeling entering into it. | be-
lieve that can be done in the county of
Sullivan; believe it cannot be done
in the county of Bradford.
l think the member of the other
branch made a great mistake in eXcit-
ing partisan feelings in Bradford county.
The other member from Bradford Mr..
WohI,l ,,nIn n ctntnn1nnt in thn IIntISn
in regard to which | wish to say that he
was laboring under wrong impression.
lie said that circulars had been issued
there, signed by myself and others, in
which it was agreed to defray the eX-
penses of descrters, provided we could
have their votes. For my part, l never
saw or signed circular of that kind.
The only position / ever took, took
openly, before the people of Sullivan,
in my speeches. | do not wish to say
| that he misstatcd the case knowingly (;
l think now he acknowledges he was
wrong.
Now, sir, this change will put the
costs on Sullivan county unjustly. That
bill proposes that all the costs and eN-
penses of the change of venue shall be
| paid by the commissioners OF the county
of Sullivan. | do not know the inten-
tions of those who drafted the bill. /
think, for my part, that it should be
put in different shape, and lett for the
costs to follow the suit.
Now, sir, | wish to state, further, that
this petition wrongs Judge ElwCll.
Judge Elwell has charged the jury that,
in indictments against officers of cleo
tions, for rejecting voteS-and he has SO
charged the Jury in every case of the
kind before him-that they could not
be convicted without its being cstab'
lished by the evidence that the defend
ant knew the party offering his vote
was legal voter, and yet rejected his
vote. If Judge, or inspector, acting
upon his best judgment, honestly re-
iccts a vote rs Illegal, he cannot be con
victed of a misdcmcanor, although he
was mistaken rs to the law. lie cal
only be punished when he acts corrupt
ly-not for the honest exercise of hi
Judgment.
Now, | wish to ask any member il
this Senate if he would ask any judg'
to charge differently. Judge Elwcll i
!; an honest, upright and conscientiou
man, and us Il man and as Il judge, w
are all proud of him. lie says:
"He can only be punished when h
acts corruptly, not for the honest eXer
else of his Judgment"
Now, Mr.. Speaker, | have anothe
thing to say. | am authorized by tn
associate Judges of the county of Sulli
van to state, "that if the election boar
now standing indicted by the grand ju
nv of the county aforesaid, in the cle(
tion case of Elkland district, in tn
, case in which you purpose to chang
the venue, may so desire, they Wi
F., most cheerfully Vacate the bench durin
said trial"
:, If the gentleman from Bradford wi
acknowledge, as | think he will, Judg
:, Elwell is an honorable, upright MAJ
he can certainly have no objection
his trying this case alone. The assoc
ate judges are willing to vacate IL
bench during the time of the trial. ~.
:, Now, sir, it is my duty to refer Ii
tie further to this petition. l find
7, the end of it the following:
Gas attorney for the defendant, r
. spectfully ask that the above petite
y may be granted, being fully of Il
y opinion that the defendants cannot g
" Il fair trial in Sullivan county.
le ! THOMAS j. INGIAM.'
! That sounds to me good deal Ill
!. the criminal before the court of justic
n who began to cry, and felt very ba
"a and the judge remarked to him: "Nh
N my dear fellow, you shall have justice
n, "Ah! your Honor, that's just what
d am afraid Of" Now, sir, this man, In
NJ ham, was indicted and tried before Il
1e court in Sullivan county, think, du
X ing the last May session. The eviden
Nv showed the fact that he had met mi
y in the streets, and told him that, if
~ ATTEMPTED to vote, he would arrest hi
as "A deserter. Towards evening, Il
m man-Peterman- lis vote, Al
Il. Ingham and others grabbed him, tc
,st his clothes off, and kept him under
an rest until after the election had cloSI
n and then gave him the hint that
nj could escape through the back va
nd The evidence for the prosecution sho
Il ed this fact. 1t was shown that he h
nt arrested this man for the purpose
nf keeping him from voting; and yet, :
~ this Jury, with all their partisan feclln
IN brought in n verdict of mot guilty
nd but dcfendents pay the costs. Even
We Ingham, while the jury was out,
knowledged that there was nothing
al der the heavens that could preyel
'% m% verdict of guilty" being render
~ That shows that we do not do thi
csai' quite as rashly and with as much |
'oi poi tisan feelings as we are accused oil
nn perhaps us we ought To.
IN. Now, Mr.. Speaker, do not wish
ed detain the Senate any longer. Bl
IAN wish to say here, that there is no
tir dcncc in The possession of the Sci
hat that these parties have made an an
NV, Wit that they could not get fair trl'
his Sullivan county; there Is no eVldt
ion going to show that they cannot hn'
M. fair trial-only this solitary pcti
I'VE here presented. If this bill is pas