, 1875-01-12
LE MOYME VS.. FARVvELL,
The Commencement of the Proceedings
Recounting u Precinct.


The taking OF Testimony In t,s Third Congres
s'onal District contested election casa bsga4
yesterday nsrriHg In tho room Of tho Gountt
commissioners. There we're present tbs oon
tcstant. MI. J. V. Lo Moy,o, Mr.. A. Van Du1o4
representing tho contcsteo. Air. c. 3. Tarwell
A1r. Elias shpman. Con. Lteb md Mr.. A. VI
drecn, Notary Public, bofore whom tho teslt
nony WIS to bo talron.
Mr.. Van Buren,, Oh tho part OF tho contested
oh1octed to tue testimony Icing takon before
Notary Public, claiming. that Tint officer was mol
authorized BY act Of Congrcss 10 take testimony,
in support Of wliel, Lie road from m act OF Con.
gross Of 1861, and also from IN act Of 1873. Id
offered tile following
AFFIDAVIT:
srATE OF 1LLtsotf, Cook CnuarY. .
, Elas Shllau. lciug dnly Rwurn, says ho resides IL
the Thrd cnnGressionat District Of said State OF Ils
unft.d State. Court. tho Han Jorspl E. dasy one d
t!e Judges IF tlas Bilperior Court sl County Jnlgd
Diat1et affesslt, anl have reshc4 In aatl datric(
for nIoEs E than year i..s past: ELIAS Hn1sMAN.
january, A. b. 1875. A. ". GnrRx. Notary Public.
lie also submitted
PROTEST.,
aa follows:
Tia tntpstee, Charles b. Farsail protcsis and OBJ
jrcts to tie examination u wltnesan aml taking o4
t~snus!y e TIL. enss bcfora he sad a. v. arsos,
n',s, ior ths following reasuns
f,ss.Ilc sai,l \. Y. Green Is not 1ntsao of any
;r. Gr 'a ~ tls nsd sato, nor r, +, he G4nsoer q
or Mayer, or neroraer, lntcninnt Of any town oj
S to H. tss to- hS aa s ass ssssS u S
matter.
Stfoni-The ra1 notice does not give tho plse. Of
Residence Of any Ut tu witnesses 10 10 e1am(ned ~
by 4. VIII DunEs, bis a.tornsy. '" - : ~'N'
The officer, Green, held that he ind tho right
to take testimony in accordance with the notica
given by contestant, . copy Of which was pro-
uueed BY Mr. Van Durot,, who asked tint hs
might have until 2p. IN. to produce ali officer
authorized to tuk4 dcpoaltionB to offeiata with
tue officers nanod In tho notice OF contestant In
the taking Of dispositions In tho case.
Mr. LIE Moyuc-What officer do you.propose 10
Mr.. Van Burcn-,fr spalding.
Mr.. 10 Muyno-What oilleo docs he hold7
MIR. YIN D!reu--Notary Public.
! Mr. he afoyno-lf Notary Public is not
rtolur oilicer. why do you produce ono2
Mr. Van Euren--l1y notary is as good ~
yollra, nMyway.
It WAS thsn agrood to adjourn till p. m.
without passlhS upon tho question as to wiethef
another notary would he allowed.
Tho different parties Interested In tho case
nok again at ?. nj, iG tile private office OF tho
Oeunsy Clark. Mr. spalding accompanying Nj.
a. Vau Baren.
Mr.. Van Burcn requested Mr. Groom to ro-
cord on his minutes tue fact that Mr.. Spaldipg
appeared to aaatat in taking the testimony ID
the case.
In answer to question by a1r. LIE Moyne, Mr.
Spaitll,g Stated TINT he lived ut No. 9lb North
Clark street.
Mr.. Lo Mosno stated that he had hsuded biz
| notice Of contest to the Notary, aud that 1t wa4
uecceeHary to hive it aud tile atswor of conteBte&
affixed to the beginning OF tho minutes ol tho
proceedings.
GEN. r1EH
Was then sworn He sUatltiea that Ills name wa9
hfk fhHf1I ,I,tn at,A
| was County Clork Of Cook County; al County
| Clerk had charge Of ballot-boxeH and election
returns made by judges Of eection in CooA
| Cnunty; Lad those Of the election held on thu
id November, 1874 iu TINT part Of Cook County
embraced in tile Third Congressional District
Il which Ae received from tle judges Of elsotiol
of tho district thres or four dys after said eoo<
ton, md which wore dopositedl III closed box INK
side the yault"f tic County Clerks otlce whot4
| they had remained ever Hiuco. When fecelvod
they were III Haalod ehvolopeH according to pre-.
clnctn; tLoy had not besn opensl ainco,
| At ttie request Of a1r. Lo Lloyno. tho County
Clerk produced tho ballots aud atldaylts Of this
| FIrak Precinct OF tho Twentieth Ward. lie then
proceeded, III tho presence Of the swo notaries,
| orES THE ENVELOPES
| containing tic ballots.
| Alr. Van B1ron asaod the wttnnsa II Tho paok-
| ages produced were not sealed up by tl,e judges
OF ELECTION Of that precinct when they wer<
handed to him.
The witnosa aaid that they wero brought to hing
| sealed.
Sir. Van Buren, objected, and prato stol against
tho opening Of eltLer Of Tho lae:.;,as ut MI, but
sa that ii, against the protest oi tllt roitessees
tho packages wore opened, llo it,B1sted that ths
| Judges o{ tile e|euton OF tho Trat rrcpinot OF
| tho Twentieth Ward, whouo duty IL was to saa! up
said packages. aud deliver them 20 seaiad to tbs
witncss should bo callcu in 10 lnspeat said pack~
| ages, that they might Hee tl,o Hamo. aud deter.
| mino aud declare whether they had beeH
o.,enod. saala. broken. seals removed. or tam.
| wit i'm nil
| protested, because ths law OF t4a State Of ILL.,
| noix required that tile battots and polt-books
/ should be carefully preserved by the Clerk fo1
tho ioriod OF nix months. whap they should ba
destroyed by burning without having been pro-
vio,lsy opened. usleBa upon contested election
proceeding r1ndpr the LAWS Of the Htats Of. Ills
aois. lIa clallued that tho County Clerk bad no
right to opon tho PACKAGES IT al, Or to disturb
the seals, unless Ill under that statuto provided.
II tIa Clark opened the packages At sll hs
| claimed ila violated solemn statute Of the ssAta
Tho cannty ctork quoted paragraph 90 OF TIA
IN SUPPORT or MS R1aur
| TO open the packaKos, AZ fullowss
teas!ng the shall have The right t. have ts 44A
package Of ll1lots opelcd and said ballots rsfurre
BY wsaehsaa fos tse PURPOSE ef aash soatss nat tad
tho pseasncs Of the otces having thu custody hereot
Mr.. Vau Buron uaid that he wanted additional
time to yet tho Judges OF Election who sealed
III the same condition as when they were handed
| by thom to the Clerk OF witno4H. lie dtd not
| Baspect that tie Witness had tamperod with
them, but tue fact STOOD that tApy lad rpmRined
| for months where thaY could he tn,npere4 With,
aud 1t was quite necessary to have tile testimony
lie called attention to tho fact that one Of the
| aenla Waa broken.
1Ir. Max sJl1uller, ths oterk Of tho wltucss Al
lutled 10, inspected tho pAckasos previous to
| their baihg opoued.
Witness t'ien opened the packages, and tho
/ counting Was proceeded with, and resulted ~
follows, tho NotarleB 1laklng no ot1iclal report 40
yet: laFweli. 40 yotea; Lo Moyno. 299 yotea+
| Az returned by the Judges II stood; FArEoil,
aga; La Afoyne, 35l.
An adjournment WAS then had until half-past
| 10 o'clock this morning.
| Karc Old Wines
Lord DalhonRies cellar Of rara old winss vas
sold in EdMburg the other day. Tie most
| Interesting uart ct The aAIa RRa tha etlritaA