The union Democrat., 1870-03-19
CARD.

I'm regard to the petition in the case OF
James McGowan and others now before the
| Supreme Court of California, the undersigned
on oath says. that the affidavit under the
name of fMcNeil Notary Public is gross
Misrepresentation of facts so far as regards the
returns of votes of Sonora. Columbia, Monte
yuma, Cloudman's. and Big Oak Flat. This
affiant did not swear that the votes in those
precincts were not returned to the Board of
Supervisors but he did s,cedr that those votes
were not returned to the Supervisors as cast
at said precincts"
It will be readily perceived thatt the reculsr
phraseology of the above leaves it very doubt
fll whether the aathor intended to charge
that made false affidavit or that Induced
him to make one, and not desiring at present
to submit to either construction, / propose,
with your permission, to offer reply.
Some time in the month of December last,
James MCGOWAN filed a petition in the Su-
preme Court of the State for Mandamus
against the Board CT Supervisors aud Clerk
of this county, to compel the issuance Of a
certificate to him MCGOWAN, of his election to
the Office of Sheriff. As soon thereafter
as practicable authority was given by two
members of the Board to Geo. Cadwalader of
Sacramento to appear and contest the petit
ton. The answer thereto was after consid-
erably delay prepared by Mr.. Cadwalader,
and sent to me as Notary Public, with re-
quest that should procure the same to be
verified by one of the Board, accordingly
called on Mr.. Supervisor Parsons, who sub
scribed the following verifcation.
Estate of California, County of Tuolumne,
ss.-Edmund Parsons being first duly sworn
on his oath says, that he is one of the Board
of Supervisors of Tuolumne County, the de-
fendant in the above entitled suit that he
has heard the foregoing answer read and
knows the contents thereof; and that the
same is true of his own knowledge except as
to the matters therein stated on information
and belief and as to those matters he believes
it to be true.
EDMUND PARSONS.
Sworn ard subscribed before me this 10Th
day of February A. D. 1870.
SEAL II. B. MCNEIL.
Notary Public.
1t will thus be seen that made no affidavit
at all, but merely certified in my official ca
pacity that be did make one and which Isup-
pose to be the same referred to as the affidavit
under the name of Mcneil Notary Public.
Now all that | did by way cf inducing him
to make this affidavit was precisely what l
should have done, had he been my client
whom desired to verify pleading, l care
fully read the answer to him word for word,
explained whatever might be ambiguous,
and when he seemed to have fully compre-
hended the import of all the matters set forth
in the answer, asked him to put his namet to
the verifcation which he did with all appar-
ent willingness.
The next question is. what did he swear to
in regard to the votes from the several pre-
cincts referred to by him. The 4th, para
graph of the answer verified by him and now
before me reads as follows:
'It AYERS that from the following election
precincts in said county the ballots or votes
cast thereat for the Offices of Sheriff and Coro-
ner were not returned to said Board, nor
were the same canvassed or estimated by said
Board that the names of said election pre-
cncts are Sonora, Columbia, Montczuma
Clcudman' s, and Big Oak Flat and thereat
large number of votes were cast for the Off
ces and candidates aforesaid"
If Mr.. Parsons did not swear to this in re-
gard to the votes from the precincts named, in
precisely the very words above, hut did
swea- that those votes or ballots were rot re-
turned to the Supervisors GS cast at said pre-
cincts, all I have to say is that he must
have so sworn before some other Notary, for
the words ''as cast no where appear in con-
junction in the answer which he verified be-
fore me.
Now assuming, as freely do, that he in
tended to swear as he says in his affidavit he
did swear, the case stands thus between us
what he did swear in regard to the aforesaid
precincts was, that the votes or ballots cast
thereat for the Offices os Sheriff and Coroner
were not returned to the Board Of Supervisors
&c.-What he intended to swear was that
the vote or ballots as cast were not returped
&C., and submit, in all candor, that if the
proposition either way stated be not true, then
q fragrant injustice has been done James Nc.
Gowan and j. A. S. Trout to-day usurps the
Office of Sheriff of Tuolumne County.
1t is true. either way stated and in various
forms prevades the entire answer to the petit
ton in this case. Mr.. Parsons swore it was
true intended to swear it was true and would
not to-day swear to anything else.
In conclusion may say that if he really
felt that he had been placed in false light
by the answer filed in the case. the remedy
was open BY an amendment, which would have
been cherfully made at the earliest possible
moment. Tue high respect which | enter
tain for him as gentleman suggests regret
that he did net pursue that course, rather