Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1878-12-26

= j
Cook nor James Cook, nor for Os., Austin
DR. 0. Smith. One bunch of three ballots
we're thrown out. Not strung. A one
armed cOlored man offered a bunch of |
tickets, TOdhunter told him there were
too many and handed them back; he /
looked at them and said they were all |
right and offered again and they were put |
in. Don't know whether it was same |
bunch or not. Todhunter took them out |
at count and showed them to other judges. |
Thrown under table. Democratic tickets. |
John P. TOdhunter-Was judge of cleo
tionin Perry township. Took votes out
of box at count. Irons called OFF and
Fetherlin strung. Bunch of three thrown
out. POlled together tight. Showed the
to all judges and clerks. Not strung.
Put them in my vest pocket. Democratic.
Didn't throw them under table.
Perdue and Fetherlin recalled to count
out.
Perdue identified ballot box.
(Recount objected to by Mr.. Williams.
because, 1st, no notice had been given by
cOntestee. 2nd, no charge made against
vote of township by contestee.)
Count went in subject to exceptions.
Result of re-count-OsWell Smith 80.
James F. Cook I99. Os. Smith 8. James
L. Cook 3. Blank 8. Total 302.
Fleming Kimble (re-called at his own
req uest) Lived here for several years, on
LIAE AEIB udlu SLUG vi OCnCISOANAAAC AO0Ng
north of Paint street; neighbor of S. B.
Yeoman, Frank Beadle, John Gillespie;
on the same side of the street; voted at
election on the 9Th of October, at Engine
house; voted for sheriff; don't want to
tell for whom I voted. The Court here
instructed witness that he would not be
compelled to answer, if, in his opinion,
his answer would tend to criminate him
self. Witness declined to answer, on ac-
count of secret ballot.
The Court ruled that witness must first
answer whether or not he declined to an
swer on the ground of his answer tending
to criminate himself. The point was dis
cussed by counsel. The witness declined
TO answer the question, on the ground
that his answer would tend to criminate
| himself.
| Counsel for contestee asked the Court
| to instruct witness in elements of crime
in illegal voting, but the Court refused to
j instruct the witness.
| Frank Beadle (re-called at his own re-
quest): voted at the last election, in Oc-
tober, for Oswell Smith for sheriff; live
in the north part of town, on left hand
side of the Jeffersonville road as you go
out, at above point.
Cross-examined-Hav not been threat
ened with criminal prosecution since
was on the stand yesterday; talked with
Yeoman, Kimble, Blackburn and other
witnesses: voted the Democratic ticket
L can read had several tickets, got one of
Smith and one of William Allen; don't
think / voted either of these; never voted
the Republican ticket. Allen asked me
tovote the ticket he gave me; Republican,
with the exception of sheriff; didn't know
who gave me the ticket voted: don't re-
member the judges or clerks, but think
Barnes was clerk; was at the polls about
15 minutes; went to Martinsburg; have
: voted at Engine-house ever since [ lived
here, and thought it was the right place
and think so vet.
Sam'l Jamison: Was at election, anC
voted at the Courthouse; voted for sher
iff; can't swear positively for whom
voted didn't look at my ticket; Oswel
Smith gave me the ticket voted; l cam
J swear positively whether it was Demo
: cratic or Republican ticket; intended t.
vote for Oswell Smith.
Attorney for contestant objected t.
the question of intent, and the point ar
gued by counsel.
: The Court decided that the question wa
| competent.
; Witness-I got my ticket of Smith;
e don't remember what was said by him o
t me at the time. Lived, at the time of tn
n election, across the street from Davi
Dore's; he owned the house; had live
e there over month; moved there fror
= near the Playground. Mr.. Clark lives
few houses beyond me; live on the stree
| LAdI udS ldJClY. DCSn cut NSOWlls 10 Lie ISl
:. of Chiliicothe pike.
oss-examined-Have voted in tn
township. before; have been a residen
over year; voted at Courthouse;
!, thought it was my proper place to vote
z John Shafer: Live on Chillicothe pike
: a mile from the iron bridge, on the righ
. hand side as you go out, opposite JacO
= Dahl's, for four months; voted at tn
: election in October last, at Courthouse
. | paT1't foil for yvhnun 7 voted n
s look very close at the ticket voted; ha
= several tickets; / intended to vote for o.
Smith. Horace Lydy gave me one ticket
kept the tickets in my coat-pocket, lie
hand; am not sure whether l voted a r
\ publican or Democratic ticket; took thrC
~ ~ tickets out of my pocket after had vote'
y two of them were Republican; don
~ know for whom Lydy was working; wor
- at zimmerman 8: am married; my fam
ly is here at Latham's; my wife lives G
= the street next to Fayette, opposite IL
p Baptist Church; have two children;
- - board at Zimmerman's, on ChillicOtl
II pike; they have been here over a weel
they used to live in New York, at Roche
% J. ter. They came to Chillicothe three yea
- ago; have lived at Chillicothe and all
20 here. They went to New York in Noveu
ber, year ago. l went, too; 1 can
=, back in August last; they staid ;was butte
-. =, ering while there; was born and raise
~ ~ Fayette street with my family; lived
- - Washington ever since have heen
y Fayette county. Didn't keep hou
- when 1 lived in New York the last tim
= l boarded with the man worked for al
4 nv wife lived with her folks When
10 went to New York I sold nearly all Il
y goods; took my bed-clothes and stove;
~. ~ left no goods here. Ny wife was n
o. 81 well and wanted to go and see her folk
- came back in August and my wife car
- in December, this year; went right
.o ,e work for Zimmerman; fetched my be
! Le clothes back, and sold stove.
y ss-examined-Calne to Ross coun
- =, first from New York; staid there a yea
~ then came to Fayette county, and liv
:. here and kept house. When ! went
= !, New York 1 intended to come back
- Ohio. Zimmerman told me when / we
70 away that could work for him whenev
a l wanted to, if come back. He wrote
y y me to come back.
pO Re-cross-examined- d-Zimmerman wro
90 to me two or three times to come back.
~ ~ wrote first and told him I wanted to con
u u back
70 Mrs. R. j. fireman: My. son Charl
IN will be 81 years old next February.
ii Cross-examined-Wa married % yea
n ago, next christmas, 1 think; don't +
as memb ber the year. Was married in Was
IN ingtOn by Mr.. Phillips. Charlie was bO
r. one year and two months after we we
ee married. Yes, Charley went to the 81
,e diers' Home. He didn't leave because
I'd was too old to remain; he ran off.
l. Judge Priddy: Am Probate Judge
h. Fayette county. RECORDS were produced
Il. The records show that the affidavit for
.. cense of marriage was made by Gungl
as December oath, 1856. The return, ma
Ok by It. II. Phillips, shows that the ma
10 riage was solemnized Dee. 25th, 1856.
OF j. M. King: Live in Washih gton. Car
IL from Bloomingburg. Voted on the 9th
October last, at the Engine-house. Vot
a for Oswell Smith for Sheriff. Live on t
,e. Jetfersonville road, and lived there VIII
on voted; on the left hand side as you
IN OUT My neigh bOrS are KimbalI YeOma