The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1871-06-09
WTyORTTy RFpORT-
THE BALLoT-Box sTUFPING
AGAIN.
Testimony of Witnesses-Mr Schwab
Bound Over.


On last Thursday morning Simeon B. Smith
of Preble County appeared before P. H. Kun
Ter of Hamilton, a United States Commission
er for the Southern District of Ohio, and made
an affidavit not dissimilar to that made by
Richard Cole before Squire Wilkins month
ago, charging that Peter Schwab did at the
October election in 1870, he being one of the
Judges of that election in the ID Ward, vote
more than one time, and of making a few
fraudulent certificates of the election with the
intent of affecting the same. The Commits
sioner issued his warrant for the arrest Of
Schwab, and placing the same in the hands Of
q. s., Marshal McNacken, that officer made
the arrest on the same day, and brought the
defendant into Court, when at the request of
defendant, and on his giving bail in z,aGd for
his appearance, the case was continued to Mon
day morning last at 9 o'clock. On Monday
the defendant appeared in Court and through
his attorneys Hume 81 Symmes made motion
for continuance of the case until Saturday,
June 3d.
The Defendant came forward and waived
an examination. The Court however, on the
suggestion of the attorneys for the U. S., pro-
ceeded to take testimony for the purpose of de-
termining the amount of bail, whereupon
Messrs. Home and Symmes affected an indig-
nation at the proceedings and left the room.
THE TESTIMONY.
Mr.. H. L. Morey testified, substantially that
he was one of the clerks of the election held
Oct. IL, 1870, for the purpose of electing
Congressman and State and County officers.
Lewis G. Reye was the other clerk, and that
Judges of the ID Ward Poll were D. W. Davis,
VIM. B. Van Hook and Peter Schwab; that
when the poll was closed, the poll books and
tally sheets were placed in the ballot-box; that
the Judges and clerks then separated and
went to supper; that they met again about
ID o'clock at the Auditors Office and pro-
ceeded to count out the vote; that there was
present, when the vote was being counted out,
besides the Judges and clerks, F. Egry, Rich
ard Cole, J. E. Morey and perhahs others.
r. n. Andrews, Sheriff of Butler Co.; testified
Substantially as follows: That he was present
in the rooms where the election was held in
the I'd Ward, Hamilton, last Fall, when the
polls closed; that when the polls were closed
the books were put in the ballot-box and on
the top Of the tickets; thinks that Schwab put
the books in; Schwab had the key of the bal
let boxs that Schwab stood with his left hand
on the ballot-box and in his closed right hand
held something which looked like tickets.
SchWab raised the lid of the ballot-box with
his left hand and threw into the box the
something in his right hand which looked
like tickets" he then closed it thus: (here The
witness showed the Court with paper box the
manner in which Mr.. Schwab performed the
operation-he raised the lid of the box with
his left hand, threw into it quickly paper he
held in his right, then closed it quickly with
a sharp snap) When SchWab had closed the
box he turned to the witness and said: "Did
you see that?" (the witness) replied: 81 could
not help seeing it, Peter"
Schwab and the witness then started towards
the jail and in going across Schwab said that
he had put in the box either 81 or 80 ballots,
the witness forgot which Schwab told the
witness that he had not intended any one
should be in the room when the polls closed,
but the witness had beat on the doors and
finally secured an entranc9 and remained there
until the polls were closed The witness
cautioned Schwab not to mention ANYTHING
about putting the ballots in the box.
DR.. J. R. Nickel, Editor of the Butler Co.
Democrat testified as follows: He was walking
with Schwab on the night of the October cleo
ton 1870; Schwab told the witness that he had
put ballots in the I'd Ward ballot box, and he
wanted the witness to see Russell, the demo-
cratic Judge of the 4th Ward and have the
sdlU6 uOlC lACAOs hAAC hAIAACob " ds
ulous, and thought Schwab was PLAYING on
him; and laughed at the idea that Schwab
would confess that he had stuffed the ballot
box, but when Sehwab saw that the witness
discredited his statement, he said: "If you
don't believe it, ask Bob AndreWs-he saw me
do IT." Schwab informed the Doctor that he
put in quite a number of ballots-iust how
many the Doctor could not recollect.
Richard CSle testified as follows: The wit |
ness was in the Auditors Office On the even
ing of Oct. IL, 1870, when the judges of the ID |
Ward were counting out the poll of that day; |
Schwab had the control of the ballot-box, TAX |
ing out the tickets; Davis, another judge, read
them out, and Van Hook the Sd Judge, strung |
them. Schwab had arranged the tickets, |
IN four piles behind, and on the side of the |
ballot-box next to him. These piles embraced |
straight democratic tickets, straight republican
tickets, scratched Democratic and scratched |
Republican tickets. After the tickets were |
counted out and while the clerks we're fixing |
up the tally sheets, the witness said to SchWab |
'FThem fellows (meaning the tickets, did not |
60 in there (the ballot-box) in that shape" |
SchWab asked the witness ii he had seen how /
it was done: Cole replied that he thought he |
did; when Schwab then cautioned the witness |
to "say nothing" or "keep still" or something |
of similar import. The witness had noticed |
that while the ballots were being counted out,
that Schwab would take his hands from the
ballQt-box and put them in his coat pockets and
when he withdrew his hands from his pockets
he remarked that the handling of the tickets
tired his fingers.
The witness further testified that when the
tickets were all counted out the ballot were in
excess of the names on the tally sheets.
With Mr.. Coles testimony the case was
closed The Commissioner deemed the evi-
lence sufficiently strong to demand bail of
$4,000 from Mr. Schwab for his appearance at
he next term of the U. S. District Court, Mr..
Henry Dig went on Mr.Schwab's bond for the
lmount, and he was released from the custody
of he Z. S, Marshal.