Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-11-17
THE COuRTS.
PIPTu w.pn rrpcrroN CASES

| cur report in thu Fifth Ward election cases
| Mead ag;. Carroll-cIosed yesterday, the testi-
| mcpy was cOntin u-d a. follows:
u W. wales Witness was COMMITS
| s,oLef Ia the First precinct OF the Fifth
| "au. There were p soldiers voted in that
| precinct, TO whose names the letters as Were
APP ended on the "poll-iist The ballots were
| not marked. Witness is as satisfied that all the
| soidiers except one vstsd the Democratic ticket
| as Ne is that there is such country as Eng
| lana. he knew the Democratic from the Re-
publican tickets by their color, size, and APP
| pearance, and could distinguish one from the
/ otner when they were handed in. The soldiers
| all save one voted the smaller OF the white
| tickets,
Leonidas Scott sworn:-witnsss was COMMITS
Sionsr OF election in the First precinct Of the
| Fifth Ward. Witness corroborated the testi-
| mony of Mr.. Weles in regard 10 the three
| kinds of tickets The clerk kept separate list
| OF the soldiers who voted
| VIM. Bartlett sworn:-Witness is commits.
| sloner OF the Second precinct OF the Fifth Ward
| witness stated the manner in which he kept a
| record OF the names of the soldiers who voted
| IN that precinct. He kept them IN short hand
| There were eleven in all, and they voted tue
| Democratic ticket The witness then pro.
| ceeded to detail all The circumstances con-
| nected with the election
TODAY.
| DR.. AlPheus Tucker sworn:-Wltness was one
1 OF the Commissioners at the second precinct;
| twelve soldiers voted there-the Democratic
| ticket; witness received the tickets and marked
| them with 49, on the back; WITNESS opened
! the bCx and picked out ~ tickets so marked
| ana also designated from the tally list the
| names of the parties voting them
| u. n. Needs sworn:-Witness was 4 Commits
| sloner IN the third precinct: the votes were re-
| ceiyed by Alfred II. Prrry: II or 20 soldiers
| voted; a squad of 10 or l. come up under the
| command OF non commissioned officer; they
voted the anti Radical ticket; knows II because
| the tickets were marked with the letter IS -
| WITNESS picked 20 such tickets from the ballot
| box, and also called from the tally list the
| names OF the parties voting them,
DGris Baker, sworn-Witness was commits
sicner in the fifth precinct. From IL TO IS SOL
diers voted, most, If not all, the anti Radical
| ticket. WITNESS examined the tally list and
named six soldiers who voted.
| Sergeant Major Gore, recalled-Witness saw
the soldiers march from the barracks to vote
| Mr.. Cook asked if he heard them say for
| whom they voted, to which an objection was
raRd; and Mr.. Cook read from the case of
Nallandlgham and Campbell in Congressional
contested cases.
The Court sustained the obJection-Judge
Fisher dissenting.
Mr.. Cook read from the act of May 18th. 1856.
9th Statutes at Large as 10 the rights of natu
ralZed citiZens-that those naturallZed after
the Dist of December shall not be competent TO
vote at the succeeding election-and stated that
the record shows that 4Si Were naturalized
before the last election, some Of whom voted In
this ward.
Mr.. Merrick argued that this law was not in
force at this time.
MIR. Davidge said that this act was passed in
order to place natiy born and foreign born
citizens on the same terms, and he claimed that
II had been swept away by the abrogation of the
restrictions of the charter of Isis. He read
from the fifth section of the act of ISi as to il
being requisite TO exercise the elective franchise
that the party should have been returned on the
poll lists as having paid a school tax on the
3lst Of December. He also read from the act of
le56, and the registration act, contendiEg that
the old rule prohibiting a MINOR who attained
his majority or a foreigner who became patu
ralized after the 3lst Of December had been
done away with.
Mr.. Merrick called attention TO the law OF
January TIN, ls67, providing for the registra-
ton, and Mr.. Davidge read the act which re-
peals the act of May, IS56.
The Court was inclined TO believe that this
act repealed the ola rules.
Mr.. Cook argued that the law was not re-
pealed, and read from authorities TO sho " that
an act i'll general terms did not repeal ar act
whose provisions were special. The law nov
requires a residence of one year in the city and
three months IN the ward and il person on
tanned his naturalization papers but "A few vs.
before I'll, ction he was not a qualified voter.
Inc Court oyerruled the proposition OF Mr..
Cook an read from the act of January, 1oo1.
the qualifications of electors, and said this
statute had Tor Its chief object the Enlargement
OF he franchise and brings the class OF persons
objected TO within its provisions.
Mr. Riddle SAID that the defence were having
an examination OF papers made at the War De-
partment and AZ the headquarters of the regi-
m"ht as 10 the residence of the soldiers, and &c
was not completed. The defence would like
the privilege of offering the result of this ex-
animation out OF It's order, and if this was
". TtEOGie. sworn-Witness was a clerk at
The NTH precinct, and made "a Inst OF those who
YoU d. Marked opposite the names of soldiers
"S.' Witness here read the names of ten 50
marked from the list
The defence here closed.
MI. DaNIdge sand that the petitioner was sur
prlstd that the defence had closed 80 early.
having understood that the defence would take
The balance OF the day. They wished to show
by the Judges of registration that these soldiers
were entitled To vote as bona fis residents for
the time required by law.
Gtnerdi T. +. B0roH, sworn for petitioner
witness was one OF the Judges of Registration,
and described the manner OF registration. Wit
ness registered all who come who had resided
mere twelve months, and who had not voted
elsewhere during that period; some said their
homes were elsew here, but on inquiry found
they really had no homes outside the city A
number stated that they had families, and he
knew some had resided here for years. Wit
ness registered persons who resided one year
I'D the District. and who lived In the ward three
monlns. There were doubtless a number of
negroes who resided IN the county VINO applied
for registration.
CrosS-examined by Mr.. Cook:-Witness does
not recollect the names of any soldiers III the
Filth " ard who had families. If any dispute
arose, The question was REFERRED to the Board.
by MIR. MerrIck:-Numbers of them stated
that they enlisted in this city.
gorge H. PtdHt.-WItness is one of the regis
tiers; registered soldiers in the Fifth Ward;
asked them the same questions as Were asked
CLERKS; If clerk had voted elsewhere within a
year he was not registered il a man claimed
his residence but twelve months he was regis
tered; witness contended that they could not
register men from the county, but was over.
ruled.
ORPHANS COURT, JUICE PurceH.-To-day
letters testamentaTy on the estate of Elizabeth
NJ. King We're issued TO Robert q. Rutherford,
bond, Si,CUC; also, on the estate of Eleanor MIL
Ter 10 Charles Miller, bond, $1,000. The fourth
account OF executor of Thomas Lumpkin, and
second and final of guardian Of Rita Tray,
were approved ard passed.
EQUITY COURT, Judge Oin.-In re estate o
WIN. Thompson; decree ratifylng prcceedingf
OF the Orphans Court. Woods VS.. Brscoe:
order ratifying auditors report Adjourned.
SUDDEN DEATH OF MRS. SHAUNNEssEY.-
This morning, about five o'clock, Mrs. Bridget
Shaunnessey, residing on Delaware avenue, be-
tween II and streets, was found dead IN her
chamber by her sister, who was sleeping in
the sane room with her. : Mrs. Shaunessey
was the wife of the person who died on sun
day morning from the effects OF an injury in
hicted with piece of brick, throwa at him
ON Wednesday last by Michael Nash. the par
uculars of which, as developed before a jury
OF inquest, were published in the STAR yester-
day afternoon. She appeared before the jury
and gave evidence herself, after which she at
tended the funeral of her husband in the after
noon, returned home from the grave about
dark; set up till about nine o'clock last night
talking with some friends about her future
prospects, and then retired to her chamber, in
company with two small children and sister,
latter OF whom slept on the bed, while Mrs. )
and her children made a pallet, and went to
sleep on the floor AbOut four o'clock Mrs. s