Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-08-14
COLUMBUS, May 4, 1868.
5f 1ol ARGUMENT OF COL. BABER.
Peter A. Sands and George House,
Homer C. Jones.

11OucI VI OOucSs J l.-H
-5.-.....f....,t f...- March 10th, 1868.
Mr.. PRESIDENT AND SENATORS: = The
question before you is of great Importance.
The Senate in passing upon the election
returns and qualifications of its members
acts in judicial capacity in contested
election cases, and should therefore pro-
ceed without partiality or partisan preju-
dice to consider the facts and the law in
the case, under the solemn responsibility
of their oaths. The printed reports of the
majority and minority of the committee on
Privileges and Elections, the former signed
by Messrs. Carter, Evans, Berry, Campbell
and Rex and the latter by Messrs. bangle
and Kessler,now before you, have narrowed
the questions at issue to a very small COM
pass. and i do not propose to extend the
argument beyond this basis, except to
comment on some remarks in the minority
report, which apparently reflects on the
good faith of Mr.. Henry M. Onderdonk, in
the matter of the notice served bv Mr..
Homer G. Jones. upon him on the 18th of
November, 1867, as to taking dispositions
in this case.
The parties contesting Mr.. Jones' elec-
tion under the provisions of the statute,
are Messrs. P. A. Sands and George House,
two electors of the Eighth Senatorial Dis
trict, upon whom, instead of Mr.. Onder-
donk, who is no party to the record, this
notice should have been served. The ma
iority or the committee have shown great
liberality in admitting the testi-
mony taken under this notice in
VinCon and Lawrence counties; in
the former of which counsel appeared
without authority and cross-examine6 and
in the latter consented to an adjournment,
but afterwards did not appear, because
they found they had no authority to act.
In Gallia and Meigs, the depositions were
rejected, as there was no appearance of any
sort in behalf of the contestants, and erparte
testimony, where often only half the facts
are elected, might work great injury to the
party not represented in the examination,
and who should not be made to suffer,
when not bound legally to be present. The
affidavit of Mr.. John Lawson, representa-
tive from Gallia, which / read, clearly
proves that Mr.. Jones could not have been
misled by the action of the contestants or
Mr.. Onderdonk, because as early as Novem-
ber,27th llt.-the time the dispositions were
taken at Gallipoiis-a conversation occur
red between him and Messrs. Nash & Brad
bury, his counsel, in which the opinion was
expressed that nobody appeared for the
contestants because the notice was not
legal and sufficient. Mr.. Jones then had
plenty of time to correct his error by Civ
ing the notice properly and taking the tes-
timony over again, and therefore, if he SUIT
fers by the exclusion of these dispositions,
1t arises from his own fault in acting under
bad advice. .- =,
If the Senate, however, waiving obiec-
ton, should admit all the evidence, how
stands the case upon the facts? 1t is con-
ceded, both in the majority and minority
reports, that forty-two persons, having a
distinct visible admixture of African
blood, voted in Gallia and Lawrence coun-
ties, and all but two (Tryee and Anderson),
for Homer G. Jones for Senator, and the
weight of the testimony establishes that
these two also voted for him, and it is too
late now for Attorney General West. to dis
pute this matter, as he fully admitted it on
argument before the committee. In Gallia
and Lawrence eleven illegal votes were ad
mitted to have been cast for Onderdonk,
and two others were claimed but not prov
ed. The report of the minority of the COM
mittee claims fifteen illegal votes for Onder-
donk in Gallia and six in Meigs. but the testi-
mony which have discussed in your hear
ing, clearly establishes that three of these
votes in Gallia and four in Meigs are legal
On the hypothesis then of the majority OF
the committee excluding the depositions of
Mr.. Jones in Gsllia and Meigs, tine count
stands as follows:
Jones' returned majority. 10
Increased BY Illegal votes cast for 0nderdonk in
Vinton and Lawrence.- .---.......................u
q
This whole majority is overbalanced by
the AZ illegal votes cast for Jones in Gallia
and Lawrence, leaving Onderdonk's clear
majority 81.
/ Admitting all the dispositions, it stands
thus on the aggregate vote:
Whole number of votes cast for H. M. On
derdonk for Senator. as appears by abstract 1888
3 From which deduct illegal votes cast: a.|
Vinton .-..--..4 4
Lawrence.... .....-.-..-...''''.-... ia-t
Gallia a.-.-..........-...-.....' .......R
MeiRs IS
Total vote for Onderdonk. nk....:.......-....7s z sss
w hole number of votes cast for Hou or
z. Jones. as per abstract t......,.-.. S,0o3 RI 4
From which deduct the votes OF persons
having a distinct and visible admix- lfr
ture Of African blood. as follows:
n1hin 5l
LaWrence-- IL rer I