Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1868-02-20
Contested Election.


The contests of election instituted
by w. w. Gibson against David B.
Hebard and James A. Upton for the
offices of Prosecuting Attorney and
Sheriff respectively, were heard as
provided by law, by the Court last
week, and a decision given. As
stated last week, the points made by
the contestant were the throwing out
OF the vote o. Ohio Township, and
illegal votes cast for the democratic
candidates. The points made by the
contestees were throwing out of the
vote of Raceoon Township for irreg-
ularities, and the SO called negro
votes cast for the Republican candi-
dates The questions arising out of
the elections in Ohio and Raccoon
Townships were argued, and that of
Illegal votes submitted on the volu
minous testimony taken. In thecase
of Ohio Township the Court decided
to admit its vote, substantially on the
ground, that although the sitting of
Harmon as a judge of election would
have vitiated his election, if contes-
ted, yet that the vote would not be
cast aside as to the other candidates,
whose elections were contested. The
vote of Raccoon was also admitted,
the Court deciding that the mistakes
made there were mere clerical errors,
and not sufficient to affect the valid
ity of the election in that township.
This decision left the contest to be
settled upon the evidence taken of
illegal votes. The Court after ex-
animation of the mass of testimony
taken, found 10 illegal votes had
been cast for the democratic candi-
dates, composed of foreigners, non
residents, rebel soldiers, deserters
and minors. The Court referred to
the facts proved in the testimony that
some Germans in Walnut Township
bad been pursuaded to vote by rep
reservations made to them that Lin
coins Proclamation made them citi-
zens and gave them the right to vote.
The Court spoke in strong terms
of the criminal character of such
representations, to induce ignorant
parties to cast illegal votes, and
Judge GUTHRIE stated that, had he
known of the facts at the time the
Grand Jury was impanelled, lie
should have called their attention
particularly to the subject, as such
violation of the law merited proper
punishment. The testimony of the
Germans shows that James A. Tip
ton, the Democratic candidate for
Sheriff, was the party, who made
these representations to them, about
Lincoln's Proclamation giving them
the right to vote. This is made a
crime by the laws Of Ohio, and Tip
ton was bound over to await the ac-
tion of the Grand Jury, but for some
reason no indictm ent was found
against him. The Court found 4
illegal votes cast for Blazer, the Re-
publican candidatr for eirorth. q of
these colored votes, that the evidence
did not show to be more than half
white, and a minor The evidence
taken by the democrats, of colored
votes was of no avail, as the Court
held, with the Supreme Court, that
man more than half white was a legal
voter
The Court therefore found Blazer
to have received 1913 votes and Tip
ton 1907 votes for Sheriff, giving
Blazer a majority of IL votes, and
declared him Sheriff of Gallia county.
d. B. Hebard is declared Prosecut-
ing Attorney, as he has a majority
still, even if the illegal votes cast for
him were rejected. although it was
agreed by both sides, that the mass
of the testimony could not be used
against him. The remarks of the
Court in regard to soliciting the ille-
gal votes of the Germans referred to
speak for themselves, and we call
the attention Of all to them.