The Portland daily press., 1880-04-14
Testimony of Tabulator Chase.

spondent did not appear. The petitions APP
peared for themselves, and called single
witness Capt. Chas. H. Chase who testified as
follows under examination by Henry c.
Peabody:
Charles H. Chase called by the petitioners
testified:
Q.-State whether or not you were men,
Der of the Executive Council for the year
1879?
A. 4 was.
Q.-Whether you were a member of the
election committee of the Governor and Coun-
Gil, whose duty it was to tabulate the returns
of votes cast for State and county officers
at the annual election of Sept. s, 1879?
Al was.
Q.-Who was declared by the Governor and
Council to be elected to the office of county
attorney of Cumberland county?
A.-Augustus #. MoultOn.
Q.-Who was declare d by the Governor and
Council to be elected to the office of Judge of
Probate?
A.-Nathan Cleaves of Portland.
Q.-Who was declared by the Governor and
Council to be elected to the Office of Register
of Probate?
A-Caleb A. Chaplin of Harrison.
Q.-Did Augustus F. Moulton as shown by
comparison from the count of the votes cast,
the Secretary of State, and in the hands OF the
Governor and Council receive the highest
number of votes?
Al have not given any attention to Moul-
toms case. 1t is your (Mr. Peabody's) case
that 1 have been logging my memory about.
l presume 1t is all the same as with yours and
Mr.. Larrabee's
Q.-Refresh your recollection.
Al have so far as you are concerned.
Q.-You say Mr.. Moulton was declared to
be elected. Whether he received the highest
number of votes for that office?
A,-Whon have rofrashad NV raool1aot;o,,
l should say that Mr.. Moulton received the
highest number of votes, heaving out the vote
of Portland.
Q.-Did Nathan Cleave receive the highest
number OF votes given in for the office of
Judge OF Probate for the county as appeared
by those returns?
Ayes sir.
Q.-Do you qualify that answer the same as
before?
Ayes sir, throwing out the vote of Port
land, as was done in every case
Odd Caleb A. Chaplin receive the
highest number of votes for the office of
Register of Probate?
Ayes. sir.
Q.-Yeu make the same qualification that
you DID IN the other case. throwing out the
vote of Portland?
Ayes sir; that is understood.
Q.-By reason of what real or alleged in
formallty or illegality was that return thrown
out Can you testify from your recollection of
the tabulations made of the vote of Portland
that the throwing out of that vote would were
made difference?
AL should not want to testify ahout if
The returns will show that.
Q,.-lS 1t not a matter of recollection with
you as to whether those returns show. count
ing the returns of Portland, who received the
highest number of votes thrown for the office
OF county attorney.
Al suppose it might be. / do not wish TO
decide for the whole board
o. am asking you what you recollect.
A.-The returns will show as they are now.
or would when we left them.
Q-l nave called for your recollection. I
would IKE to have an answer to the QUESTION.
Court-lt is a question only of estimate Civ
ing the result of figures, if your memory
qualities you to do it.
Any impression is that had not the CITY
OF Portland been hove out, Mr.. Peabody would
have received the C ,rtiicate.
petitioners here? Whether in the counting of
the votes for county attorney, Mr.. Coombs
would have received his certificate?
Al presume SO.
Q.-According to your best recollection is
that, or not, SO?
Al have answered the question that Mr..
Cleaves was elected by heaving out Portland.
1t certainly answers all.
VI have asked another question, if YOU
recollect. l would like to have you state.
Any impression is that it is SO.
Q.-Y GU mean by that, that is your best rec
objection?
A.-That is my present impression. There
is no doubt but what it is so.
81 will ask you whether you did not re-
celye from me tabulation of what / claimed
to be the result of these returns?
Al saw them in connection with the other
members of the Council.
Q.-Whether did not send YOU the tabula-
lions at YOUR request?
Ayes sir. / think you did.
Q.-Whether or not that tabulation, accord
ing to yonr recollection, correspondent to the
vote including the returns of Portland?
the returns.
Q.-By those tabulations did I, or not, ap-
pear to be elected as Judge of Probate?
Accounting in Portland, 1 think YOU did.
Q.-Did it not appear that Mr.. Larrabee and
Mr.. CoOmbs were elected?
/. Al think Mr.. Larrabee and Mr.. Coombs
were in about the same position.
Q.-Was not their plurality higher than
mine?
Al cannot state
Q.-Why was the return of the city of Port
land thrown out?
Al shall have to look at my notes for an
swer to that, because the returns of the CITY of
Portland OF votes given in for all State and
county officers, were decided by the Governor
and Council to be fatally defective.
Q.-Why? 1t.
A.-By art. 4, part 1, sect. 5, of the Revised
constitution OF Maine. it is provided the Sc
lectmen OF the towns in open town meeting
shall declare the votes in the presence of the
town clerk, who shall form list of the per-
sons voted for with the number of votes for
each person against his name. The return is de-
fective in this that it does not appear, by the
thrown.
Q.-You state, as / understandsyou that in
regard to the offices of County Attorney,
Judge and Register Of Probate in the retur n !.
the word scattering appears in connect on
with certain number of votes, placed off
against that word.
Ayes. sir.
Q.-Do understand you to mean that the
return of the city of Portland of the votes
gwen IN Tor the person voted for Judge of
Probate, for the county of Cumberland, was
decided by the Governor and Council to be ia
tally detective because the word scattering
followed by the word "three" and the figure 3,
appeared?
AYES, sir.
Q-Was the return of the votes of the city of
Portland, given in for the office of Register
Of Probate, determined by the Governor and
scattering" followed by the word fourteen
and the figures "14" appeared?
Alt was.
The same question was asked with regard
to the office of County Attorney.
Al think it was, and the numbering of
scattering votes was 10.
Mr.. Peabody, for the petitioners, in the
several cases, put in the records of the election
Of Sept. 6, 1879, of the various towns in the
county, including the city of Portland. certi-
fed by the proper officers, and showing the
whole vote.
The foregoing is all the evidence presented
in the case.
The decision of the Judge is reserved, the
Judge desiring time to inspect the records.
In the case of Prince VS.. Skillin, A. w
Coombs appeared for the petitioner, and Bion
Bradbury, L D. M. Sweat and Clifford & Cliff
ford for the respondent. The counsel for the
latter thought that they had right to ask for &C
delay days in filing their answer, but the Judge
on motion of Mr.. Coombs, required them to file
their answer this morning. If their answer is
not ready then he will appoint time within
which they will be obliged to file it.
D@r1 ncL L.