Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1870-05-04
The Contested Election Case.
rtRsr DAYS PRocEEpINos.

Commissioner Of Registration . certificate of
election Quite an interest is manifested in the
result, consequently large number of specta-
tors were present to witness the proceedings.
The Justices composing the Court, who are
sitting on the trial of the case, are H. d. Jourol-
mon l. p. Alley Julius Ochs, W, f. Yardley,
W. A. A. Conner, J. VI. Murphy, X. Shipe, II,
Clapp, ; j. Tarver W Y Cox, j. NJ Nc
Cloud, j. A. Ogg John Tunncl Elijah Bishop,
J. NJ Yarnell, w T. Smith, J. A. Rubel, j.
w Vents W n Maxwell j. II. Nicklc, J.
L. Moses, j. I. Doyle, Robert Clayton, j 2.
Ford, Levi. Anderson, d. +. D. Almond A. G.
f. Callcn, II. l.. Gift J. =. Jack j. W Arm
strong, j NJ Carter, j. NJ Cardwcl, A. T.
smith, John Chumlea, NJ. Hin and n. Hansard
justices j H. Mynatt and NJ Simpson being in
competent by reason of relationship to the par
ties and Justices VIM. Lewellen and j. w
Fowler being absent when the case was opened
Esquire Lewellen came i'll after the evidence
was opened, when the question was submitted MS
to whether it would be proper for him to pass
upon the case not having heard the beginning
of the testimony, and the Court decided almost
unanimously that it would not.
Both sides were ably represented by skillful
counsel, Messrs. Champion, Kicks, Thornburg,
Murphy and Hall appearing for Mr.. Mynatt,
and James II. Cooke, T. Il. Corniek and j. c.
j, Williams for Capt. Boyd
The issues made up at the last term of the
Court were read, when the counsel for Boyd
produced the certificate of election from the
| Commissioner of Registration and claimed to
have the affirmative side of the case, and conse-
| quently the right to make the opening and clo-
| sing arguments The proposition objected
| to by the other side, and was discussed at some
| length by Messrs. Thornburg, Champion, Cooke
| and Kicks. The Court sustained the objection
| to the proposition of Boyds counsel, by vote
of Is to II
| The witnesses were then called up and sworn,
| there being large number on both sides.
The first witness placed upon the stand was NJ.
d. Swan, Commissioner of Registration who
| stated that he had issued the certificate of
election to Capt Boyd because he thought it
was right he should do So That he had evil
| dence before him that he was right. The re-
| turns from the 9th district showed II votes for
j. II Mynatt. In the 9Th district the poll
| books showed that Mynatt received 81 votes and
Boyd % but did not show for what office they
| were candidates. In the 10th district "a votes
were polled for Mynatt and 10 for Boyd, the re-
| turns not showing for what office they were
cast, The returns from "a majority of the pre-
cincts were full of irregularities, and from many
of them vague IN toto. He stated that the re-
turns from the 10th district showed that four
| votes were cast for j. 5. Boyd for Register
| There were no votes for Trustee cast for Mr.
| Boyd in that district. These four votes were
counted for Boyd for Trustee, but if they had
| not been so counted the election would have
| been a tie according to his count
The Court then took recess until II o'clock,
| p. II.
AFTERNOON SESSION.
The Court met pursuant to adjournment. Gen
Champion presented the returns of thc late
election, certified to by the Clerk of the
County Court and asked that they be consider
ed as read Objection was made to their being
so considered, and the returns were read, taking
up about two hours
Mr. Rule, Clerk of the County Court was
then called and stated that the returns just read
had been filed in his office by the officers hold
ing the elections Being questioned as to his
knowledge of Illegal voting he stated Jane.
Kennedy, an Alderman, living in the 3D. Ward
of Knoxville had voted in the 4th Ward. Mr.
Cooke objected to the testimony, and moved
: that it be excluded, the Court having no right
to inquire into the legality or ilegality of votes
After long discussion, participated in by coun'
sci on both sides Mr. Cooke motion was over
ruled by a vote of IS to II. Mr. Rule was ther
recalled, and stated that Mr. Kennedy had cas-
the vote, as he supposed, through mistakc tina
he had thought but little about the matter
since, and that he could not be positive as tC
, what was said at the time. He asked i
, Mr.. Kennedy did not claim residence in thu
t 4th Ward, owing to very recent subdivision
of the city into wards He replied that he hat
some recollection of such conversation, bu
4 could not state positively what it was A
the conclusion of this testimony the Court ad
+ journed until ten o clock this morning. Th
case is not likely to be disposed of before to
morrow.
SECOND DAYS PROCEEDINGS.
The Court met pursuant 10 adjournment jus
: tee James NJ, Carter suggested that in view o
the proceedings, that the earliest solution of thi
question would be for the parties in interest t.
consentth the election as to County Truste
be declared void, and that the contestants go be
r fore the people Col Thornburgh, on behalf o
: Mr.. Mynatt, said that there were many ire
gularities in the returns that days might b
j spent in the investigation of the case, withou
i arriving at just conclusion, and that right an
n Justice could be best subseryed by the cours
a. I. IL 4 l.