The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-07-21

ct ais:
The contest in this case, In which able
and elaborate arguments on nearly every
important subject of discussion that can
arise in the construction Of our election law
have occupied the attention OF this court
for nearly a month, is now narrowed down
TO the consideration Of the questions as to
the poll-bookS, returns, and proceedings, OF
the Judges Of the third precinct OF Jefferson
Ward. ;, :.
It appcars in evidence before ME that at
this precinct 1,044 votes were polled. II
these returns arc received and regarded, the
contestants succeed; il rejected, the lncum-
bcnts retain their commissions; unless, in
deed, upon the evidence there appear such
irrcgularity and illegallty in the action Of
the Judges, or such uncertainty as to the
result produced by their action or default
that the election which turns upon this pre-
cinct is to be regarded therefor as vita
ted.
The two poll-books which the law re-
quircs to be furnished ut each precinct
were returned by one of the judges of this
precinct to the clerk of the court, not seal
cd in accordance with law, but folded III
papcr and tied with string. They were
disreyardcd by the commissioners, and are
for the first time introduced in evidence in
this contest on the part OF the CON-
plainants.
IF the case had rested with the introduce
ton of these two books, l should have little
hesitation in upholding the returns con-
tanned in them, and giving to those in whose
favor I consider complaint has been lc-
gallv made the certificates which arc de-
nandcd for them.
On the back of each book Is the usual
printed form, filled up, which declares it to
hc the poll-book of the election held at the
third precinct in Jefferson Ward, in the city
of Richmond, State Of Virginia, the 2Gth day
of. Nav, 1870, and rcciting that the judges
and clerks named were sworn as the law dl-
reefs previous to entering upon the duties
of their respective offices; and the same
certificate, partly printed and partly writ
ten, Is ut the head of the first page. I'M
mcdiately following this. form are in
each book tho names Of electors num-
bered-in one BOOK Numbering 1893, and
III the other numbering 65i-the names
in the one book differing from the names
of the other, the two lists evidently not
duplicates. After these lists of names in
each book follows the certificate, the form
of which is properly filled out and signed
by the judges and clerks, certifying that the
number of electors ut the election amounts
to .O4i, and Immediately after, under the
printed heading, "names Of persons voted
for and for what office, containing the mum
ber of votes given for each candidate" fol.
lows the names of candidates, the names o.
the officers, and the number of votes, not
written out as required b. law, but in
figures showing prima fdcle a majority fol
contestants GENERALLY of about 800 votes
largely more than enough to elect them.
TO this return is appended certificate
signed by the judges and clerks, that the
numbers opposite the names Of the candi'
dates are correct, to the best Of their know
ledge and belief.
With these two books before me, ttnac
companied by other testimony, l should
have been blind not TO see that by a some.
what natural mistake each clerk instead o
taking q duplicate list, rs required, had
taken a separate list of voters, and these
two numbering-onc, 500, the other 651
constituted the 1,044 votes which are ccrti'
fled to have been pollcd, and which consti'
tute the basis of the returns, which give
the votes cast for each candidate, should
have considered that the substance of the
law had been sufficiently complied with to
enable this court to decide upon the merits
But the case does not rest upon the re-
turns alone. a single witness, William II,
duI, olC vi tuC JuuSCo vi oiiC plCStnSps ""7
offered by complainants, and holding as
did, that the law made these returns " sub
ject to the inquiry, determination, and
Judgment of this Court, he was examined
hy complalnantS to supplement, and by the
incumbcnts to contradict them.
This witness, thus made the solo witness
for either side, proved that the two books
in question were the poll-books and returns
of the third precinct, Jefferson Ward-that
by a mistake they kept the white voters on
one book and the colorcd voters on the
other, just as they had done in the rcgistra-
tion--that two contained the names
of all the voters at that prccinct-that there
was no duplicate poll-book kept; that fol
the first hour after the pollswcrc opened, land
the voting had commenced, there were only
two Judges present; that after an hour
third judge was elected by the two /; that
for the first hour one judge at the window
took the colored votes, which were listed
by one clerk, the other judge took the white
votes ut the door, which were listed by the
other clerk that when the third judge was
appointed he attended to tle colored voters
and so throughout the day that the voting
places were som distance from each other
but in the same room that the white ant
colorcd were voting 1T the same time, and
the clerks and judges were attending to
those votes they wcle taking, and not t.
the others that the ballots were counted
after the voting was over, the white and
black together, and the number, 1,O44
made out; that the ballots were no,
strung upon string; that the judges read
out and counted each ballot, as required,
until about O'Clock the next morning,
when they got tired and stopped reading
them; looked at each ticket to see il it was
lol .tI
them in two piles, the scratched tickets in
q third, giving for each ticket headed Con.
scrvatiye or Republican vote to each Con
servatiye or Republican candidate, the
offices to be filled numbering tWenty-0ne;
that the books were delivered to him by the
other Judges, open and unsealed, but after
wards he folded them in IL piece of paper
and tied them with a string; that directly
after the canvass had closed and the books
had been handed to him, he carried them
to the clerks office. but the clerk not being
in, he returned TO his house with them, and
keeping possession Of them oil
the time, delivered them to the clerk, their
proper custodian. -. ~ ~
These being the only facts before me, it Is
contended Oh the part of the incumbentS
that these books cannot he received or re-
garded ut I'LL by the Court, or that If re-
garded the returns must bc rejected for ille-
"alty i'm the conduct of the election ut this
precinct /; and they urge that it having been
decided by this Court that under the law no
inquiry can be made iuto fraudulent votes,
The directions OF the election law, which
constitute the guards and checks of olec-
tions. must be strictly complied with and
they complain Of tho election at this pre-
cinct:
list. That while section "a Of the election
law requires three judges to be present and
acting together at .the polling OF each vote,
there were only two judges present during
Lhe first hour, each of whom was en-
,u~ed ut y distance from the other receiving