Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1880-04-01
all the parties concerned in the counting
and tabulations Of the votes.

WAS lhE Wv ihT VI -
PREMEDIr,TED PLAN or CoNsPIRACY'
Your committee can account for certain
transactions in no other way. The secrecy
which was maintained during the time OF
examination and tabulation of the returns
was remarkable and unprecedented. In
other years the returns had always been
laid open TO the inspection of candidates
and parties interested. No harm had come
to the state OF TO any contestant or member
elect thereby.
But in 1879 everybody was repulsed un-
til after the result had been in effect deter
mined by the governor and council, although
that result affected thirty-sey republican
Senators and Representatives untayorabiy.
And every one of these has since been de-
clared by the court to have been entitled to
his seat. and is to-day either Senator or
Representative.
The alterations, tampering with suppress
sion or destruction Of the returns that have
been found and to which reference has been
made. must have taken place before the
tabulation and lists were made up. because
the results arrived at by the governor and
council are based upon the returns, as they
show after such alteration. tampering with,
suppression or destruction, and this COM
| pletely disposes of any intimation that the
| changes have been made since the returns
left the hands OF the governor and council.
The whole great fraud and crime then is
! thrown back upon the members of the coun-
| cil. with whatever completely the governor
| had in 1t, or upon any persons whom the
governor and conncil permitted to handle
the returns. and whose interest it was to
| improperly treat them.
That the rule of exclusion from inspec-
ton was so closely applied strengthens the
assumption that mischief was going on un-
der the cover of the secrecy.
Mr.. Oryille ID. Baker has fully described
| in his testimony the difficulty which re-
publican candidate had who tried either to
prove his case or TO find out If il needed In
I be proved. He has been inirusted with at
tested copies of the records IN four hundred
cities. towns and plantations, taken and
made up by town officers of every shade Of
political faith, and he found IL impossible 10
get the opportunity To file his papers or
compare them with the returns on file
HIS testmon, is referred to a. most impor-
tant, and the instances which he gives show
a fixed pre-dctermination o. the part OF
both Governor and Council to persist in the
counting out and to hear little or no testi-
mony tha, might arrest their course Her
bert VI. Heath and Charles y. Rounds al
so testify TO like facts. If there was such
plan of conspiracy it must have embraced
/ not only the governor and council but they
must have given information 10 other par
ties. who upon such information furnished
the materials with which to do the work.
IL Is PLAN that consultations were bad up
on the matter. and the indications are that
whatever part the Governor had in them
was taken hesitatingly at first.
ATTORNEY GENERAL MCCLELLAN.
The testimony Of the Hartman brother,
shows clearly that a. early j. November
sth. week before the Committee on Eicc-
tiou Returns had reported. Attorney Gencr-
al Mcclellan. at Belfast. Swallowed forth
the exact plan which vas pursued and the
reason on which it was to be- defended.
Mr.. Mcclellan told these gentlemen that
the republicans were 10 be- counted out
that they had passed law in ISL which
made . returning board of the Governor
and Council and that his party mean, to use
1t. lie also named Waldo county town
which he said va, To be counted out, and
the result in that town answered 10 thi, pre-
dIctiOn. He further said that he had seen
the Governor and had labored with him,
and had "stitiened his back so that he was
at the date of the talk ''all right
JOHN BENsoN's TESTIMONY
The testimony of John Benson. Jr., " no
was the Deputy Secretary of State. under
the fusion government is IN point. He tells
the story OF meeting Frederick G. Parker,
one of the members of Governor Garcelon :
council. at Bangor at an early date after the
election. date which he fixes as surely
previous To November 18th. Mr. Parker
told Mr. Benson Of the defect which existed
in the return Of the town of Dixmont. and
that Councillor Brown OF Fairfield had blank
return. which would be sent by him TO the
witness to be used in correcting the return.
Mr. Parker told Mr. Benson that the Dix
mont return needed to be corrected in order
| to make precedent on which certain fusion
is, towns could be saved which otherwise
must be counted out.
/ This testimony is very important in that
| il establishes conclusvely the fact that long
/ before the time when the council committee
| had completed their first examinations the
| project of manipulating the returns had been
| discussed in the council, and methods had
/ been devised 10 the end that L fusion ma
| jority should be secured in the Legislature
Though not pertinent to this branch Of the
| case, We call special attention to the further
| testimony of Mr.. Benson relating TO the
abstraction Of certain original tabulations
and their SUPPRESSION by member of the
| council in order to conceal the evidences
which they furnish of the fraudulent proceed
ings in the counting out.
On this feature of the case Gov. Garcelon
| testifes that all the returns were kept close
| Is, and that up to November 18th no person
| outside of the Councils Committee on f.
lection Returns, or its messenger, Mark
Harden, or the Secretary or his deputy. who
attended the session, had any opportunity
to inspect the returns or to know that any
defects existed in them.
But on November sth, 1879. L. X Smar,
of Pembroke, the fusion candidate for count,
attorney in Washington county, was found,
as he testifies, travelling about his county,
armed with blank return. such as can on
| ly be furnished from the office Of the secre-
tary of State, for the purpose Of correcting
the defective returns in Robbinston and
other towns, where the defects were against
the fusion candidates. And at the same
time. the dates agreeing exactly, George W.
Drisko. the editor of fusion newspaper, was
visiting the towns of Addison and Jonesboro
as before stated. with blank returns which
had been sent TO the fusion candidate for
Senator, Hon. James II. Talbot, with ac-
companying instructions as to the exact de-
fects in the returns from those towns, defects
which the town officers themselves had nc
knowledge of, and these blank returns and
instructions came from a member of the
fusion State government whose Office was a,
Augusta.
In both Of these cases it is plain that nc
blanks could have been sent out, and nc
knowledge of the defects in the returns
which were sought to be cured could be
possessed except from information furnished
through or by some member Of the council
or its clerk or messenger.
In both the Robbinston case and the
Jonesboro case, the affidavit and the new
return received, were made the basis of action
on the part Of the governor and council, the
tabulations showing that the fusion candi-
dates got the benefit of the case as establish
ed by those papers.
The Cherryfeld representative case shows