The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-01-28
LEGAL 1NTELLIGHNCE.
The CONTESTED ELECTION CASE.

Supreme Court In Bnnc-Chief Justice Thomp-
and Williams Continuation of the Argument.
This morning the contested election case was
continued, w. II. Rawle, Esq, proceeding with
his argument, which was interrupted by the adj
journment yesterday. The line of argument
was continued as follows:--
The sense OF the oath to contest an onice under
an act OF Legislature is that the facts should be true
to the best OF knowledge and belief not true" only
as the act is worded. grand juror swears that he
a true bin but everybody knows that he has only
heard one side Of the case Take the case OF wit
ness. medical man Is called and sTears TO one one
Would either Of these be Indicted
for perjury This can be carried too far, how
ever IL man swears to the best OF his knowledge
and belief when he has no knowledge or belief it is
perjury There are two kinds OF knowledge which
courts aow-one is personal knowledge, and the
other ia belief or knowledge derived from the in
formation OF Others There may be cases where
there may be knowledge without belief and also
cases OF belief without knowledge. When the con-
science Of a defendant is searched, when he has
answer then to the beat OF knowledge and belief.
In cases where man ought TO have q memory, and
has none, the court sends him to prison until his
memory Is refreshed The counsel for the contest
ants yesterday rather taunted with the fact that
we could not amend the petition. TO amend II by
oath OF personal knowledge II would have been
necessary to have two men at each poll from the
time the election opened until it closed. 1t would
require $50 oaths OF these men from personal
knowledge not to the best OF knowledge and belief
Ii is said that the act OF 1854 prescrbes only that the
returns OF municipal election should be subject to
the Court OF Common Pleas, not the election itself
But, further in the act it s said that the Judge
shall consider these returns according to the laws OF
the Commonwealth. In the laws OF the Common
wealth the words election and return used
synonymousv. The word election means, in law and
popularity choice. The return is this choice being
made known to the authorities BY the use OF the
two words the word return came to apply TO both
and to include the other.
said that IL OF no consequence which OF the two
sets OF officers should gain the contest, but it is Of
importance that the people should know how far a
whole election be set aside. In october, 1868,
an election was held by the people, and Immediately
aiter rne eleGon se o "sre hs on @
not until after the election in 1889 that the decision
was made known which declared six OF the officers
elected in 1858 illegally elected TO ONCE. The act
OF Assembly directs that the court may entertain
jurisdiction In certain contested cases II certain
SssHI% the are case SSmpsS aSs s court Is
right to review the proceedings OF lower
court TO see II they have complied with tne oondi
evidence held up by the other side Is OF no import
ance. II 1t Is necessary to go through with the
duty, we know that your Honors win do it But. we
may be able TO make the case 80 plain that such O
the merits OF the case does not mean that because
there 80 much fraud the court must not be put
| 70 the trouble OF counting the votes. Until this
court decides it, IL win never be believed that Legal
votes must be thrown out because they are In com
pany with illegal ones. say throw out the ilega
votes and let the legal ones stand II blanks car
be prepared and signatures obtained 70 them at po
litical clubs or anywhere by which election car
be carried up 20 court and entire polls stricken out
It comes 10 this, that second election may be held
in court with which the people have nothing TO do
II swear TO fifteen votes having been illegal
| ought not TO know from personal knowledge who
the ftecn illegal voters wereY But this not neces
sary in 1ling up the blanks. ANY one can sLgr
| them whether they know anything OF 1t or not lie
| the other side give the name OF any one OF th'
| Illegal voters before they are believed. The grea
\ wonder was to see such respectable names ap
pended to petitions the signers OF which had nj
| knowledge whatever OF the contents
| Reference has been made TO the contested elec
tions OF Congressman and the legislators. but thos
not at all like this. BY the Constitution o
| the United States each house Is the Judge OF tn
qualifications OF its own members.
AS regards the amendment in the case OF Shep
| pard, the power OF the court to entertain sucl
amefments is not TO be argued here But the cour
has put on its records that specification was In
serted 70 nc the eyidence.taken. The court In fact
say that leave shall be granted 70 make any fact
at the proof. without this amendment the
! could not have reached Mr.. Sheppard
on the Say that this amendment wa
dlea without any notice 70 him, the aeeiaiOn wa