Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1878-12-19
SMITH VS.. COOK!
The Contested Election Case for
the Sheriffalty.
Faye tie Common PIeas--Judge steele
Presiding


Faye tie Common Pleas..Judge Steele
Presiding.
Court convened at 3 80 O'Clock Monday
afternoon, after an adjournment from Sat
urday noon, and the contested election
case of OswelI Smith VS.. James F. Cook,
for the Office of Sheriff of Fayette county,
was at once taken up, Hon. NJ. J. Will
liams appearing for the contestant and
Col. Fl. B. Maynard for the defense.
The grounds upon which the election
of Maj. Cook is contested, as specified in
the notice of appeal and contest, as brief
ly stated as possible, are as follows: Be
cause of illegal votes cast and counted
for Cook in every township and precinct
in the county, and legal votes cast for
Smith rejected and omitted in the count,
and not certified for Smith. Because the
returns of the Western Precinct of Union
township show 261 votes cast for James
L. Cook, and no votes cast for James F..
Cook, and the returns of Paint township
show 235 votes cast for j. F. Cook and
no votes cast for James F. Cook. Because,
| in Madison township, the polls were
closed for a part of the time, and the
judges absented themselves from the cleo
ton, and removed the ballot-box during
the hours of the election; and because one
| of the judges of election in that town
ship was not legally qualified; because,
in Green township, the polls were not
kept open during the required time, and
the judges left the polls and left the bal
lot-box in an unguarded condition, dur
ing a part of the day. And for other
causes.
After statement of the case by
Mr.. Williams, H. E. Lydy was called to
the witness stand, and testified:
am Deputy Sheriff, and served notice
of contest on James F. Cook, on the 29th
| dav of October last.
! E. w. Welsheimer was next called to
| the stand, and testified: am Clerk of
| Courts; notice of appeal was filed on the
28th of October last; have the certificate
| of votes, made up, or certified abstract.
| Produces abstract of votes | have poll
books and tally-sheets from Jefferson
township. Produces poll-books]. ISSUED
certificate to Cook on this abstract, and
! forwarded a similar one to Secretary of
| State; the two votes for A. Smith, in JET
| ferson township, were not included; no
part of the Austin Smith votes in Paint
| township were counted for Oswell Smith :;
number of votes in Madison township
certified as cast for Cook 154, and all car
| ried into the abstract; number for Oswell
Smith l3S, and no more; Concord town
ships vote for Cook, SO; for Smith, 96.
Charles Gray was next called: Reside
in Jefferson township; township clerk; at
the election till polls opened; 0. F. Scott,
John NJ. Wright, clerks; w. G. Fent, Ma
than Creamer and James G. Cox, judges;
the hallot-box and ballots were delivered
into my care; it has been kept in the
TOwnship-hOuse, under the stairs; box
! locked; ballots strung Oh string at pres
ent; the box has not been opened, to my
knowledge, until Yesterday; l opened it
yesterday to see if the ballots were there; {;
[ had not seen in the box till then; pre-
sumo they were in the same condition as
when received; it is now in the Clerks
| office. Produces and opens itl. Have been
| Township clerk two years; was born and
raised there; know Smith, regular candi-
date; don't recollect any o., Os, or Aus ;
know Abel Smith; raised there; not spo-
ken of as candidate for sheriff; Abel A.
Smith, l believe.
A recount of the ballots in the Jeffer-
son township box was then proceeded
with by C. w. Gray, clerk, and W. C.
Fent, one of the judges OF the election
The number of ballots found in the box
corresponded with the names on the poll
books, and showed 292 votes for James F.
Cook, votes for J F. Cook, vote for
James Cook. For Oswell Smith 273 votes,
for Aus. Smith 1, for Os. Smith 1, for A.
Smith votes. There were three ballots
with no name for sheriff. The 2 votes
cast for j. F. Cook, and the vote for
James Cook were counted and certi fed
Up for the regular candidate in the official
returns from Jefferson township, and the
votes cast for Aus, Os. and o. Smith.
were also counted for the regular candi-
date, Smith, but the two votes cast for A
Smith were not so counted, and were not
included in his vote us returned from the
! township.
w. c.. Fent called to the stand Born
and raised in Jefferson township; know
no other Smith than Os. Smith spoken O1
as a candidate for sheriff; know no O..
Aus. or Os. Smith in said township; knew
Abel A. Smith; not spoken of for Sher.
if.
Jos. Hurless: Know no other Smith
than Oswell Smith spoken of for Sheriff:
know Abel A. Smith; not spoken of.
| ". = OCObbs w DIS OIlS Vi GuG ClCIhS "
election; kept the tally-sheets; the ballots
counted A. Smith are the same as pu
down A. Smith.
Andrew jackson: Lived in Jefferson
} township % years; voted at election;
wrote out two tickets; wrote the ticket
: A. Smith; wrote the tickets at the reques
! of the voters who voted them; intended
i, the votes for Oswell Smith land the voter
instructed me to write them; don't know
able Smith,
: G. w. James: Am sc years old; at cleo
ton; no Smith but Os. Smith spoken O
for sheriff; Abel Smith up there; younj
fellow: Wilson Smiths son.
Court here adjourned to Tuesday morn
ing.
James Judy was the first witness calle
Tuesday morning. Testified-Am cler
: of Paint township; one of the clerks {
f election, held at Township House, 4 mile
o north of Bloomingburg. James w. Hay!
, T. B, Sheets and Rob't Parker Judges {
: election. J. A. Templin and Jas. Jud
v clerks. One tally-sheet and poll-boo
It sent to clerk of courts, and the other PIT
:. in with tickets. Opened ballot-box ne1
! day after election. They are in the san
u condition as when left after counting ou
Produces ballot-box and ballots.1 Al
Republican.
Ballots in Paint township box wei
lie counted, showing for James F. Cook 2;
= votes; for Oswell Smith 1872; for jam
Cook 2, J. F. Cook 2, Jas. F. Cook /; fl
III o. Smith 1, for Austin Smith 1 blank
l. Two ballots not counted for James
is Cook; the other ballots for Cook wei
,o counted. Ballot cas- for o. Smith w
. counted. Austin Smith ballot was n
counted, but set down by itself.
James Judy, VIM. Mccoy and Henr
Windle testified to the effect that tn,
n know Oswell Smith as the regular cand
IS. date on the Democratic ticket; Oswell W
ID known as Os. Smith, know of no 9th
~ Os. or Austin Smith spoken for sheri
us T. R. Craig testified-Clerk of CONGO