Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1868-04-08
Report in the Contested Election Case.

Mr. Iandon, from the committee selected
to try the contested election case OF Robi-
SON VS.. Shugart, made the following report,
viz:
In the matter of the contested election in
the Twenty-hrst Senatorial district, the Sc
lect committee present the following report:
composed of the counties of Blair, Hunt
ingdon, Centre. Miffiin, Juniata and Perry.
The last election returns gave Samuel /.
Shugart, the Democratic candidate. IA, l24
votes, and John K Robson, the Republi-
can candidate, IA, lo2 votes, the first men
toned, therefore, having twenty-five t22)
majority, claimed and was accorded seat
in the Senate. The election is contested by
the said Robson upon the ground OF fraud
ulent and illegal voting upon the day OF e.
lection, claiming that if all illegal and unau-
thorized votes be excluded from the count,
that he and not the sitting member would
be clearly and positively entitled to the
seat
Your committee was drawn on the 9th
day of January, 1868. They met on the
same day and organized, II. b, Swoope and
John Cessna appearing as counsel Tor the
contestant, and Hon. John w. Maynard,
VIM H. Miller and John h. Orvls, Esq,
for the sitting member: The committee
has met daily, as required by law, and dur
ing most of the time have held two meet
ings per day. One hundred and seventy
six (l76) witnesses were called and heard on
the part of the petitioner and contestant,
during a period of three weeks, two hun
dred and four witnesses on the part OF the
respondent, during period OF SIX weeks,
making the total number of witnesses ex-
amlned three hundred and eighty (3S0).
The business sessions of the committee
were all held at the capitol except one,
when meeting was held IN Nllksbarre,
Luzerne county, for the examination OF the
naturalization records of that county, for
the purpose of ferreting out certain alleged
naturalization frauds claimed to have orlgi-
| mated in that locality.
A minute analysis of the vast amount OF
evidence taken would be tedious and un-
| necessary in this report. The committee
presents herein the prominent and deter
mining facts of the case without celebrating
details, only adding in their own behalf that
| thew have performed the duty assigned
them with all possible industry and care,
| and present this conclusion of their protrac-
| ted labors free from partisan bias upon their
candor and sworn obligation.
The counsel for the respondent have ear
| nestly contended that the whole vote OF
Taylor township, in the county OF Centre.
| should be thrown out, for the reason, aS
thev allcge, that it was not held at the place
| fixed by law In this township, the contest
| ant had eighteen majority. 1t seems that
by an act Of Assembly passed In lS4S,, 1t
| wasprovided that the election in Taylor
township, in the county of Centre, should
be held at the school house near Hannah
Furnace In August 1856, petition OF
| IL % ha nrpSpntn6
| TO the court of quarter sessions OF the coun-
i tv, setting forth that the schoolhoase near
Hannah Furnace, where the election was
appointed by law to be held, had been re-
moved. and praying the court to order the
election to be held at another place, or to
authorize an election to be heldin the town
shin, for the purpose of fixing place at
| which to hold the general election. On the
back of this petition the court endorsed an
order, fixing Friday, the 10th OF September,
as the day for holding an election IN the
township, for the purpose OF determining
where the general election should be held.
This order was made on the 25th OF August,
| 1856. A paper was produced by the pro-
thonotary which he states he found in his
Office. but which is not marked filed, pur-
porting to be the return of the election SO
authorized by the court This paper shows
for the house of William Adams, fourteen
| votes: for the Henderson school house, live
votes. and for the Hannah school house,
| three votes. No action seems ever to have
been taken upon it by the court. No order
or decree was ever made fixing the house O1
William Adams as the place of holding the
election. The parol proof in this case show.
ed that the election was held for awhile al
the house of William Adams that it was
| transferred in some manner from there to q
| wagonmaker shop on land of Thomas Mer
ryman, about the year 1860, that In the fall
of 1866 the wagonmaker shop was torn down
and Thomas Merryman forbid the officers
from holding any more elections on his prem
ises that they went to the nearest schoo
house (the Henderson school house, one anG
half miles distant from Merryman' 81
where they held the spring election In 1867
and also the fall election, which We are ask
ed to decide invalid Without further
statement OF facts, the committee excludes
this poll from the election returns, which
deducts eighteen votes from the returned
vote for John K. Robson.
The respondent claims to have proved
sixty eight illegal scattering votes for the
contestant, comprising minors, non resident:
and non tax payers. This being the whole
number claimed, the committee allows tn,
full number and deducts the same from thu
vote of John K Robson.
Both parties have proved large numbe
of deserter votes. The defense claims tha
this whole question should be ignored
Without stating the argument IN the cas-
and realizing the difficulties gathering abou
the subject the committee accede to tn
claim; and leave this class of voters wher
the general election returns have place.
them, without expressing any opinion upol
the legal questions involved In the matter
J The returns from Carbon township, Hunt
;nrdon oonnty o;ya tbe sitting member a y