The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1868-04-09

I
upon casting lots Booth won. The case was de-
clded on Wednesday of last week.
From the notes of the decision, we are enabled
to make the following report of the case
"The following votes for Booth are found to
be illegal
/. James T. Farris. Voted In Lick towns hip
Not year In the State. We think the evidence
of Charles Walden and Levi Sly establishes the
fact Of bis uon-resldence. He admits he poted but
refuses to tell how he voted. or who gave him
ticket "a circum stance against him-he should
have been compelled TO nnswer.) James Carr
saw him near the polls with Democratic ticket
in his hand. This, with his refusal to answer
how he voted, satidcs my mind that he voted
the Democratic ticket, and his vote must be
thrown out
2. Peter MeCourt. Voted in Lick township.
Family not in the State one year. Alanson Rob-
bins says he paid rent from November 1st, but
did not occupy the house for some days after.
First charge for merchandise was Nov. H. 1866,
Peter McCourt says his family boarded at Gas
coyne's two weeks, then moved into Star Fur
mace house. Gaseoyne swears he came to his
house October I'd, and remained until October
10TH and went into Star Furnace house. (Not
consistently Testimony of McCourt and O.
Rathburn shows that he voted the Democratic
ticket. Illegal, and thrown out.
8. McColllster Humphreys Voted in Frank
lin township. Minor. Record establishes his
minority He swears he voted at election in
| Franklin township. Refuses to tell how he
voted Testimony Of W. S. schellenger and
Others establishes the fact that he voted the entire
Democratic ticket. Illegal, and thrown out.
| 4. John 0iler. Voted In Lick township
Family not year in the State of Ohio. Swears
his family had not been year in the State also,
that he voted for contestee. Illegal, and must
be thrown out.
s. VIM. Adams Voted in Jefferson township.
| Not q resident of jefferson township. Voted
there, as shown by his own admissions, and
voted Democratic ticket, and for contestee Ille-
gal and thrown out.
6. Jefferson Martin. Voted In Liberty town.
ship Minor. Evidence of VIM. c. Hill, Re-
becca HILL Martha Martin, Melinda Hill and
Samuel Overly establishes his minority Martin
yandivort and Samuel Overly fix the character
of ballot Democratic and Illegal, and thrown
out.
Z. Thomas R. Patton. Voted in Franklin
township. Minor. Evidence of Joseph spriggs
and VIM. Spriggs, together with suspicious
scrap or leaf from family Billie, establish his mi
nority. He says he voted for contestce. Illegal,
and thrown out
8. Thomas Perkins. Voted in jefferson town.
ship. Left State &c. Evidence of Wm. s Marsh,
Amos Marsh and Robert II. Jones, proves con-
clusirey that he left the State with the intention
of making Virginia his home. Voted Demo-
cratic ticket, and for contestee. Illegal, and
thrown out.
0. E. NJ. Aud. Voted in Lick township.
Not resident Of county. The place where n
married mans family resides shall generally be
considered and held to be his residences but if it
is place Of temporary establishment for his
family, or for transient objects it shall be other
wise. Mr.. Auld does not testify in the case.
There is nothing to show when he was married
how long he and his wife had been living with
his wifes mother. True, he told DR., Monahan
he had never kept house. That may be: some
! people never keep house, but remain with their
parents 1t may be permanent not temporary
home or residence-as in case Of Robert Mont
gomery. He was sojourner only with his
wifes parents and nseer kept house. The inten.
tenton, without the removal, avails nothing
nor the removal, without the intention.
Auld Published a Democratic paper. He said,
before the election, he would vote the Demo-
cratic ticket He told DR.. Monahan after the
election, if he had known all, he would not have
voted as he did. Illegal vote for contestee, and
must be thrown out.
10. Cicero Davis Voted in Scioto township.
Not resident of Ohio. He went to Illinois in
November, 1868, bought farm after he got
there Did not look upon it as his home and
again did look uponit as home, (see contostee's
evidence, page 1863 Left Illinois October I'd,
came through without delay to Cincinnati-de.
talned there some two days, John Norris, Fe-
lix Dixon Grffe DIXON, in contestants evldedee
pages 48, so and 81, show that he came to Jack
son and went out to Scioto township from the
goth to the 25th of October, 1866. He admits
under cath that he voted at the October election
1901, out refuses 10 tell now ne VOIeu Ills
father, under oath, says he hopes he never
stopped SO low as vote anything but the Demo-
cratic ticket. Can any one doubt how he votedi
A vote lost to Booth, contestee.
The following were Illegal votes cast for d.
w. Cherington;
/. Josiah Williams. Voted in Lick township
Family resided in Pomeroy Voted for contest
ant. Illegal, and thrown out.
2. Homer G. Cherington. Voted in Madison
township. Res ided in Gallia county up to Sept
10, 1867. Voted for contestant. Illegal, anC
thrown out admitted by contestant)
0. Patrick Loekman. Voted in Lick town
ship. Left Ohio and went to Virginia to max,
1t his home. Returned In August, 1867. Voted
for contestant. Illegal, and thrown out.
4. W. W. Conner. Voted in Bloomfield town
ship. Not so days in the county. Contestan
admits this to have been ON illegal vote. Throw
out.
g. Edward /. Jones. Voted in Madison town
: ship. Resident of Meigs county. Voted fv
contestant. Illegal, and thrown out
G. Robert Montgomery. Voted in MiltoI
township. Not resident Of State one year
I, Voted for contestant. Illegal, and thrown out
4 Ira A. Redfern. Voted in Jackson town
: ship. Not resident Of Jackson county 80 days
Voted for contestant, according to his own ad
missions. Vote illegal, and thrown out. tn