The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-11-12
THE BALLOT-BOX.
,AsTTEMPr. TO, PROVE FRAUDS,
ELECTION OFFICERS BEFORE TIE
POLICE COURT. il d u
4 NICE PorNT DECzDEo.
THR JUDGES WAIVE {; EXAMINATION. !: AN IN. Il
Mr.. Morrison's Case Set for To-day.

80. 4. ~ -, - - q E'-TT-is2 E,sG aB
Mr.. Morrison's Case Set for To-day.
at II o'clock yesterday morning Messrs.
James Macdougal, John Marxbausep, and
James Morrison, charged with violations OF
the election law on the I'd instant, appeared
before his Honor Police-Justice White for
examination. AS alleged frauds at the late
selection have been much talked about, and
as public excitement on that peint has been
raised TO an unusual pitch, and as the ac-
cused are we'll known In the community, tt
was hardly surprising that great many
people presented themselves at the
courtroom 70 witness the proceedings.
The floors of The courtroom being not over
strong, and the memory Of the capital disas-
ter not yet effaced from the memory Of men,
it was thought advisable to, exclude the ha-
bitual loungers. None but members OF, the
bar, witnesses, immediate friends OF the ac-
cused, and q few other privileged persons,
were admitted. They, however. made 2
crowd which nearly filed the courtroom,
and occupied nearly all the available space
within hearing Of the speakers.
The accused were represented by Judge
Robert Outd, Major Robert Stiles, Mr.. w.
L. Royal, Mr.. C. v. Meredith, Mr.. Samuel
M. Page, and Colonel r. B. Berkley. Mr..
John S. Wise, the leader Of the Independ-
ents, was present as the assistant Of Mr. E.
Carrington CabelI, the Commonwealth at
torney.' .Ea.t =
Beforethe proceedings were commenced,
upon application of Mr.. John s. Wise, Po-
Ice. Justice White issued Subpgnd duces
tecum against Mr.. Macdougal for the pro-,
duction OF the extra bailotbox which was
furnished him by the law.oficers to keep bis
books and papers is, and like subpoena
against the clerk Of the Hastings Court for
the production of the ballot-boX containing
the ballots cast at MacdougaPs precinct on
the I'd instant. >.:a..-a
ALI interested announced themselves ready
to proceed, aud the spectators opened wide
their ears, expecting to hear startling reyela-
tions in relation to the alleged frauds. But
the witness placed upon the stand remained
there about three hours without an oppor-
tunitS of testifying, the counsel meanwhile
discussing an important question Of law.
THE BEGINNING. .s...g
In the beginning Mr.. Cabell requested the
Justice to take up the case of Messrs. Mac
dougal and MarXhausen.
Judge Ould asked if it would not be just
as agreeable to the prosecution to first take
up the case of Mr.. Morrison. t-.ss
Mr.. Cabeil said it would not, as he be.
lieved that much Of the testimony developed
in the case of Macdougal and Marxhausen
would have important bearing on the other.
The matter was discussed by Mr.. S. M.
Page, Mr.. j. S. Wise, Judge Ould, and Mr..
Cabell. ..~..,... ,: !.
The Police Justice decided first to take up
the case Of the two judges. y.,yjf,
Mr.. Wise asked the Justice what had been
done in reference to producing the ballots.
The Justice said that after consulting
Judge Gugon he had served subpoena duces
tecum upon the deputy clerk of the Hastings
Court, who was in charge Of the clerks
office, and he would be down with the bal
lots about 1880. ..'s@r~ ,tI' ~. >< -" =.
To save time counsel for defence agreed
that Messrs. Macdougal and Marxhausen
might be examined together.
Mr.. j. c. Harris was called and sworn as
q witness for the prosecution.
MIR. Wise desired to introduce as evidence
the egistration-books and poll.books of the
precinct. The registration books were those
produced by Mr. Macdougal by order of the
court. The names of 80 white men and 81
colored men were checked off as having
voted on the I'd instant. The poil-book con.
tanned the names Of 402 electors.
The books were received as evidence, but
the checks upon the registration books We're
not. us...
POINT OF LAW.
Mr.. Royal, rising and addressing the
court, made the point that it was not COM
petept for voters to disclose the nature Of the
votes they had cast.
At first the proposition seemed to strike
the gentlemen representing the Common
wealth as ridiculous, but as Mr. Royal laid
down his proposition, quoted his authorities,
gave his illustrations, and crowned them
with his argument, very different face was
put upon the question, and it came to be re-
garded at least as an Interesting one.
Mr.. Royal urged that the voter ought not
to be allowed to say for whom he had voted !;
that the ballot itself was the very best eyi-
dence of that. He contended that the mouth
of the voter after voting was sealed. After
casting his ballot the voter is fol- ever estop.
ned from saving for whom he voted. MIR.
Royall maintained that it is the purpose of
the ballot to secure absolute and inviolable
secrecy forever to the voter. In support Of
this proposition he cited Cooley on Constitu-
tiopal Law. He didn't say that 1T prevented
voter from proclaiming among his friends
or enemies for whom he voted, but did assert
that it was not to be told In court. r. 5sI
Mr.. Royal believed that by allowing the
voter to say how he voted would be to in.
yite perjury in order to overthrow elections.
The public, he urged, has no way of contro'
yerting the word of man who in secret
nrenares his ballot and votes one way and
then comes into court and is prepared to
swear he voted another. The public is laid
HELPLESS at the foot of thieves and perjurers'
NOTE FROM JUDGE sUIGoN. - :. =.
During the progress Of Mr.. Royalps re-
MARKS note was received from Judge Gui'
gan that it was necessary to have an aft1da
Wit as to the necessity Of having the ballots
General Imboden made the affidavit, ano
the officer returned to Judge Guigon. ;.s
..aq THE aUAUANrEE OF SECRECY. .5 ,s.
+ Resuming his argument, Mr. Royal met
the, objection he supposed would De urgeo
that greater harm would be done by allow
ing the voter TO keep his mouth closed than
to open it. That would not be an answer,
he said, and it Is not true. :, : =, ,5,
The law in guaranteeing secrecy condemns
necessarily every artifce and deviceto un'
veA secrecy. II the yoteris to be allowed to
come forward and testify, the right OF secrecy
is destroyed. The man who desires to con.
ceal his ballot may have 1t exposed. And TO
prove that no device should be permitted to
discover the voter, MIR. RoYaH again quoted
from Cooley. fit could not be done, he ar
gued, insthe case of q contested election, IT
could not be in the prosecution OF msn fof
felony. The authorities quoted as to the
former case applied therefore Win double
force to the latter. ag..gE
1t is matter Of simple lmposslDiiily, ne
assert ed, for a prisoner TO contraoict VIII.
nass who comes forward and states how he
voted. Thus the prisoner is denied one Of
his clearest rights. The thing Is abhorrent
70 tha tbenrp of lonr government. In every