The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-06-24
LOCAL MATTERS.
THE CONTESTED ELECTION.
RESPONSE OF THE CONSERVA.
TIVE CANDIDATES.
THEY ASSERT THEIR LEGAL AND
EQUITABLE RIGHT TO THE
OFFICES.

OFFICES.
The following paper was filed In the
Hastings Court yesterday by Messrs. Nee
son, Crump, and johnson, counsel for the
Conservative candidates in the contested
election case {:
{" In TIE HUsT1sGs COURT OF TIE CITY OF
RICHMOND
"I,, the matter of the complaint of r. d.
Mitchell and others touching the election
heEd in said city on the 10Th day Of Hay,
4. ID. 1870:
"The joint and separate response of
Henry Il. Ellyson, elected Mayor Thomas
u. Dudley, elected Sergeant; George ID.
Wise, elected Commemorative Attorney ;
Theodor Boldemann, elected Commissioner
of the Revenue Charles NJ. Pleasants,
elected City Collector; Charles Fl. DIM
mock, elected City Engineer; John w.
Wright, elected Sheriff; Benjamin II. Ber-
ry. elected Clerk Of tho Chancory Court ;
Andrew Jinklns, elected Clerk Of the Hus-
tingS Court Alfred Shield, elected Clerk of
the Circuit Court and AuguSte w. Rosene,
elected High ConStable-all in and tor said
city-at the election aforesaid.
..These respondents do not personally
know nor admit that the said complainants
or any fifteen of them are qualified voters OF
said city, authorized by law to make said
complaint, and respondents require proof
thereof.
Respondents donot admit, as alleged IN
said complaint, that the judges Of said
election for the districts or precincts Of said
city, made ont and delivered to the Clerk of
the Hastings Court thereof, their returns of
the said election, us the same was held in
their respective districts or precincts, and
that said returns were made out and de-
liyered Sin due conformity with law On
the contrary thereof, respondents aver that,
in respect to several of said precincts, the
Judges thereof did not make returns OF the
election in conformity to law, or in any man
ner recognizable in law; they did not make
such returns from the third precinct of
Jefferson Ward, OF from the second precinct
of Marshall Ward.
Respondents deny that (as alleged in
the complainD it appeared by said returns
of the Judges OF the election that George
Chahoon for Mayor, and the other persons
for the respective Offices named in said COM
plaint, or any of them, received a majority
of the ballots cast. On the contrary there
of, respondents aver that it appeared by the
lawful returns made by the judges that the
said Chahoon and other persons did not,
but that respondents did receive Il majority
of the ballots cast for the respective offices
aforesaid. Hence respondents submit that
it therefore became the duty OF the COM
missioncrs Of election to determine and de-
clare respondents the persons elected to
said Offices respectively, which the said
commissioners did do. 1t is not true.
therefore, as alleged i'll the complaint,
that said commissioners Of election
falsely and wrongtully, and in manifest yio-
lalion of their duty, declared and deter
mined that these respondents were elected
to said offices respectively.
"Ihesc respondents assert that the said
George Chahoon for Mayor, and that the
other persons for the respective offices
named in said complaint, are not, nor Is
any of them, entitled to Il certificate of
election, according to the Constitution and
laws Of this Commonwealth, on any ground,
legal or equitable, because the lawful re-
turns do not show them, or any OF them, so
entitled and because they did not, or any
of them, receive majority cast at saiu
election.
"Thcse respondents aver and maintain
at the said election on the Goth day OF May,
A, u. 1870, they severally received the
highest number of legal votes cast for the
offices aforesaid, for which they respective
" received the certificates assalled IN the
said complaint. And these respondents
claim that they are entitled to said certlEl-
Gates on all the grounds and reasons to
which appeal can lawfully and Justly be
made-to wit
"1. That the lawful return OF the Judges
Of said election required said COMMISSION
ers so to determine and award the certln-
Gates. ~ A., -,
votes cast in said elections were gwen ana
cast for respondents, severa!ly, for sala
offices respectively, ana not lor any oInel
person or persons.
And these respondents further, aver
that ut the said election /. great number OF
illegal and fraudulent votes or ballots were
cast with intent to Illustrate and defeat Il
fair election by the lawfully qualified voters;
that one thousand one hundred and twenty
one u,12D illegal and fraudulent votes SO
riyen were given or cast Tor each and every
Of the said George Chahoonfor Mayor, and
other persons for the respective olhccs
named in said complaint in opposition to
RESPONDENTS for said offices respectively;
that of the said number of L. ,121 illegal ana
fraudulent votes so given and cast Tor the
said Cbahoon and others, one hundred and
eipht 0OS thereof were given and cast IN
Marshall Ward at the several precincts
thereof-to wit at precinct no. y
forty-three (43); at precinct NO. 2;
sixty-tiye U5). And 392 were 80 gwen ana
cast in Jefferson Ward in the several pre-
cincts thereof-to wit: At precinct NO. l,
72); at preclnct 10. :, loity,
and and thir2t,y-nine 2 nj m esq; at precinct No. 4,
thirty-seven go. And 1877 were SO given
and cast in Madison Ward at the seYeral eve
precincts thereot-to wit: Atprecinct No.,
nine sS at fi' precinct No. 5, thirty s At
precinct No. 4, fty,seyen 3a lo And Msrd 9af ,b
were SO given and cast i'll Monroe W ara ga at
the several precincts thereof-to wit: at pre-
,inct No. i. thirty-fiye (35) at precinct No.
}, one hundred and three QOS) at precinct
No. 8, forty.six l48; at precinct NO. =,
Or. And las were SO given and
,ast in Clay Ward at the several precincts
wit: At precint No. l, thirty-two,
so; at precinct No. 2, one hundred and
sixteen Q16).
:" And these respondents further aver that
n the conduct Of said election the election