Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1874-09-25
The Cornwall Contested Election Case

The Cornwall Contested Election Ease
To the Editor o. the Free Press sndTimes.
Your reference 10 the contested election
case in Cornwall, and the proceeding
which resulted in the arrest and imprison-
nent Of the witness Lowell, for refusing to
answer the question. For whom did yos
vote for Town Representative? - has mors
Of the raeiness and piquancy Of the para
graphIs;, than the plain statement Of the
Judicial reporter. There was no "conts-
macy" on the part OF the witness, there va.
10 striking vindieation of the power and
majesty Of the law. there was nothing mel5-
dramatic on the occasion.
The witness. Lowell, was Of Canadia-
birth. had become na turalized, and vote o.
the election. and, as il was supposed f-
Mr. Dana. the returned member He W.
an unlettered man, bat bears the reputs
ton Of being honest, industrious and r.
peciable. aad appeared to be decidedly
straightforward a. a witness. and INTEL
gent for one Of hi class
Upon the foregoing question being pu. ?.
him, the counsel for Mr.. Dana made t5s
point to the magistrate who was t. klD, tr.
j.
witness was privileged from answering t..-
question. and requested the magistrate $,
u instruct him-that the constitution an
law which provided that all elections ss...f
he free, and for the security of sncl Tree
dom eniOined that such election should b.
By ballot. and folded Up IN sucl name
as 10 conceal the name Of such per-
voted for. entitled the voter q M ntair t-e
secresy of bis ballot. az his own Vs.
long as he should desire, that this Va
principle Of constitutional freedom IN / s-
mont. which coul! not be broken down -
behalf Of the contestant. The c1un-, b.
Mr. Williamson, the contestant. c.a.mer
that these provisions Ofthe constitution AL.
the law were designed merely for the Orderly
conduc. Of an election. and % p-c---r
order and prevent confusion N tIWl ulsa-.
iug and that as soon a. fue c.ec-i8u So.
over the voter protection wI- gone. a-.
be could be compelled upon oat-, Oh os-.
OF contest. % expose the secret % h-- aa.
The magistrate was Of this opinion, I'll.
ruled that the witness was not privilege
and that the question should be answer
Mr. Danas' counsel then stated that it Ne
still their opinion that the wines could o..
be lawfully compelled 10 answer that que
ti1n. and thaJ il the witness chose {. d
cline to answer. the question could 1e re.--
lis settled by an appeal l. Cnlei Jl~.la.
PIerpoint on ha5sCs corpus, % the -ul -l-.-.-.
shOuld see u u commit LlI AMI that .-.
wines would answer tlc question. -.-
judge should decide that be- ought g. I..
witness. acting doubtless oa q at...
did decline 70 answer the question. IT,
was committed, and on the next ml-ur-
was brought. on hGteqs corpus. before Chez
Justice Plerp0int, who agreed VIA q, --..
Roberts that the wines was 9Ilu1 O. Or
swer the question. aut aCIl1gel ta4. be
Imprisonment wa lawful The w.-l--
thereGp0n expressed bis re4tIne-- 60 al-R.-
and wa returned 10 Cornwall. wle-. -
made answer To that and az o;ler quest. o.
frankly aud freely. This is a. taa-- wa
u the -.c0ntumacY %. the witness --.
OF the objections %. M- Dana cl-r-
Z sel t. any disclosure which t11 wines
was able u make. The wa.-1 matter
wa simply an appeal. IN the only u
possible, from the magistrate q. t1a Ll.a-
Justice. VINO Wa supposed O. know -19 4v
better than the magistrate
IL was vel understood By Nj u4c4-
counsel that competent authorize cl-
not be mad n AlIdcleoury G. iI--l-r %
position before thCCAIei-J Justice. bus .--
ing wei the habit of lIs MINI & .s.-
/ conclusions frcm well under~tJo- --.-.....
and hi dlstinE ulshed ability --- -..---
they felt entire confidence 1ba- --4-- --.-
ton would be sustained IL III tss- a--
disappointed, a. ] an ,u-g t1rv w --
have been, had the been abe Z --y....
before the Cnlf' Justice. Oh t1e 1.--.1-
/ | proceed Z. .irs-
'.Wnen Z e vst.a- Il. hv bs-..-. ,.. r.-.-
-mpe4lri 10 disclose ths character b r.-
= az. ose i9r whom be vetel on -ve .4-
/ 5as1-s S. II ~ Ga 4'''
.rA..--..i.-- -t--,-
o,---H--s - aid :, -..l -. ~-
I $500 ~ , IN oTl'.
O'''t IT, y t-.- i'.
nee. ne 50 s lisse nee IA q ' -ei
.or VIM he vofsd -f
/ quires that the vel q secrecy s---. b.
trao-e' un-ess the voter lnse-- vg-a--l-.g -..--
-d . = - -. j - s4-o- u --
che -i.5f 10 woe pg 6,iil'. 5-- .-.--.-
sidered az important aud valua0.- - '--1l-.
.naepenasnee O tne h1-a1.s e-i-te1 .-. Oh
:" IT, -, ~ "a. -. =, -.
yer, imperle-tIy. +. me u-iTacy sa9.-s-- B. b.. -