The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-12-23
ruE JUDGESHIr OF the FIRST
CIRQUE.


Tho Governors Decision
The Governor yesterday decided me
question, so long before HIM, as to which
Of the candidates. Judge +, Ii. Caid-
we'll or James PAUL., Esd, should hs
proclaimed elected. the Governor de-
cided in favor of Judge Caldwell. and
will give hun the certificate of cletion.
This case may be contested by Mr..
Paull when all the work done before the
Governor will have To be done over
again before three Judges, one TO be
chosen by each of the cOntendinG par
ties, and the third, who il to he the
President of the Court, to lie appoint
Ell by the Governor.
There were several questions made
before the Governor, and it may be we'll
to call the attention of the public to
what was decided aud done in the case.
The Supervisors OF Ohio county,
not being satisfied with the result
OF the election OF Judge, had all
OF the polI-books and ballots be
fore them, aud examined every bal
lot polled i'll the county, and protested
TO have faithfully and impartially
examined the returns OF the Inspectors
and Judges OF the election" and so re-
ported to the Governor.
BY the return of the Supervisors OF
Ohio county, Sir. PAUL. appeared to be
elected by a very small majority. On
this Judge Caldwell made affidavit and
filed it with the Governor, in substance,
that the Supervisors did make a careful
and impartial examination OF the re
turns made by the Judges and Inspect
ors of the various townships hut made
up return Of their own, differing very
materially from the returns made to
them, and claimed that Injustice had
been done him.
Upon this the Governor caused the
Inspectors returns to the Supervisors,
aud til. ballots To be brought before
him, under the 3Tth section OF the cleo.
ton act.
The counsel for Judge Caldwell claim
cd that as the Supervisors were only
the judges of the election of their own
members, of the county and township
officers that they had no right 10 look
into the ballots ofthe State and District
candidates, but the G0Ssrnur OVerruled
that objection, under !tin 35.h section,
Then tho Governor went over all oil
the ballots in the district, and made
observations on some rejected by him
which had been allowed by the Super.
yisors of Ohio county
There was question of difficulty il
about seven votes, voted for a. w
PAUL.. J. w. PAUL and w. PAUL. lie
admitted II considerable number of bal.
lots simply for Paull. Poll, and Paul
without any Christian name, or the
initials OF any Christian name.
Those ballots not having any Chris
tian name nor the initials OF James
PAUL, he rejected. nor did he deem II
proper for one to testify what his in
tentiOns were in voting, except to ex
plain and support the ballot, but not
in contradiction OF the ballot.
This elected Judge Caldwell by two
votes. The Governor observed that he
might stop here and make no further
observation on the case, but 1t might
be his duty TO give his opinion on one
other question in the case. This was the
election and returns from Triadelphia
township.
The returns OF the Supervisors did
not show how they had come to any OF
the conclusions returned by them.
Their minute book only showed that
in Washington township Mr.. PAUL
had thirteen more votes than were
returned TO them. The minutes show.
ed that Mr.. Hobbs made "A motion ,c
exclude Union township on the ground
that there WAS one vote more thar
voters, aud that is all the minutes shOy
in respect to the action of the Supervi
soTs.
1t WAS their duty 10 make minutes Q
all that they did. aud the Presiden
and Clerk ought 10 have signed lii
same.
II had come TO his ears that the Super
visors gave Mr.. PAUL thirty five NOR
votes than were returned by the ndge
and Inspectors.
The Governor had sent Tor all of thes
men, all Democrats except Mr.. wadJl
and he was PAUL man. They "A
testified that 40 far ns they coul
observe the election was fair; tina: the
looked over the ballots twice and tn
their tally agreed exactly, and Ih
they could not see that there was IN
frauds or mistake.
Which then shall We believer The
inspectors who were sworn to mike Il
election fair and proper and were bour
BY their oaths SO to do, or shall wo b
lieve the returns OF the supervisor
made up we know not how7
The Governor came 10 the conclnsIc
that he ought TO take the returns of ~
sworn officers, several in number. n,
Inpeachable men and friends of M