The daily gazette., 1881-02-12
QUARTER SESSIONS.
THE CHARGE OF TIRE COURT IN THE
ELECTION cAsE-oTHER BUSINESS
ADJOURNMENT.

THE CHARGE OF THE COURT IN tn
ELECTION cAsE-oTHER BUSINESS
| ADJOURNMENT.
| The following Is the full text of Chic
Justice Comegys' charge to the jury il
the case Of Philip +. Tyre, charge,
with knowingly and willfully refusing
au illegal vote:
If at any election, the presiding OH
Ger, or a judge Of the election, shal
knowingly and willfully receive or ad
wise and consent to tue receiving of th,
vote OF any person not entitled to yot,
at such electlon,or If such presiding Off
Ger, or judge, shall knowingly or will
fully refuse TO receive, or advise ant
concur IN refusing to receive the vote Of
| any person entitled TO vote ut such elec.
tion any such presiding officer, or judge
shall for every such offence, fsrfeit and
pay the sum of $500 TO any person who
will sue for the same or such presiding
officer, or judge shall for every such OF
Tense, be deemed guilty of a misde
meanor, and shall be fined not less than
$50 ner more than $500. Both the afore-
said penalties shall not be incurred for
the same ofiense and a conviction upon
an indictment, or a judgment in an ac-
ton OF debt may be pleaded In abate-
ment Of the alternate proceeding. But
Ia all cases an offender under this sec.
tioD shall be further liable to be indict-
ed and punished an in other cases, for
willfnl and corrupt perjury IN having
violated his oath or affirmation, as such
presiding officer or judge.
The defendant was the inspector at
the last general election, held Oh the
Tuesday next after the first Monday of
November 1880, for the Western dis
trict of the Second ward OF this cIty,
having been elected to that Office at the
inspectors election Con "little election,
as 1t Is famlliarly called) held on the
first Tuesday of the proceeding month
of October. Ellis Furgerson offered his
ballot TO the defendant at said general
election, and 1t was refused by him on
the ground that be was a aeserte: from
The army of the United States, who did
not return to or report himself to
provost marshal within 90 days after the
issuance OF the proclamation of the
President dated the 11th OF March 1866.
section 1906 OF the Revised Statutes Of
the United States providing that desert
ers who did not do so, "are deemed to
have voluntarily relinquished and for
feited their rights Of citizenship,
as well as their right to become citizens;
aud such deseTters shall be forever in
capable OF holding any Office of trust or |
profit under the United States, or of ex-
ercislng any rights of citizens thereof.n |
One of the two officers of the election |
associated with the inspector challenged
The righ. of Fugerson to voc, alleging
hat he was snch deserter; and 1t being
by the Attorney g General. for
The purpose of this case, that the alleQa-
lion was, IN fact, correct, and the de-
tendani's counsel having also admitted |
bat for that section, had a
perfect right TO vote AZ said election, we
are required to decide rs matter of law
or your instruction the question raised:
Whether the said section affected such
light so as TO disfranchise him. This
Ii very grave and important
question, and requires that we would
hould exercise great caution In decid
ng IL; for ii Is just that kind of one
bout which men would be likely to
liffer, In the present state of political
ointment, according TO their party con-
lections. But it Is one far transeendlng
n Importance ordinary controyersaries
'etwesa opposing political forces, and
therefore, should receive that calm, de-
Iberats and thoughtful consideration
1hich your courts of justice are sup
osed, at least, to be best able TO give TO |
uestions growing out of the conduct of
len in places 20 which party las
lscted them.
Our trust is, that what we shall !
resent you, with respect to the law
y which you are to be governed in !
laking up yeur verdict, will be re-
eived by you and others as being
zee from all taint of suspicion on the /
core of politics for we have nothing !
, do with parties, their struggles, riv- .
Iries or interest, but feel ourselves to {
E concerned only to decide what we
take the law to be-"
Ii was contended before us by the
armed cousel for the defendant that I
10 provision of the law of Congress g
18th respect to deserters from the l
lilitary or naval service ofthe United 9
tates, as expressed in the section re-
,rred to, disqualified Furgerson to t
ote at the last general election, and .
his vote was properly re- 8
,cted whereas the Attorney Gener-
| takes a different view, contending 2
nat such provision has no eject to :,
citizen of a State from r
oting at State election, and there Il
,re the defendant, having refused to n
sceiye the vote of Furgerson,i lis liable
, The penalties of the section of our =
tate Statute, above recited. In this =
tate of the matter, it is our duty to O
Ill you what we think the act of 81
ongress means. To do this under Ii
we must eonstrue that act Q
| the light of the facts of history, as :,
eli as by its terms. =
When the colonies separated from a
he crown of England they announced Il
lemselves in the Declaration Of Inde- Il