Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1882-04-13
penter VS.. Ely 4th Wis. 400. Brightly's

penter vs.. Ely 4th Wis. 400, Brightly's
contested election caSes 25S.
Ii was there held that "when there is
doubt as to the person intended 10 be
voted for, by reason Of a misspelling of
the surname or OF the addition of
different or erroneous christian name, facts
and circumstances Of public notariety
dehors the ballots connected with the
election, and the different candidates,
are competent evidence to ascertain Tor
whom the ballots were intended to be
cast" The facts to which this doctrine
was applied by an able court, were these
Matthew II. Carpenter and George Il.
Ely were candidates for the office OF
District Attorney. In IL contest it ap-
peared that votes were cast for ID. NJ.
Carpenter, NJ. b. Carpenter, ~. I. Car.
penter and for Carpenter" and Tor
Mr. Ely by several erroneous initials and
by the surname ely 1t was shown
that these candidates were the only
persons by those surnames in the county
competent to hold the Office, and from
that fact IL was held that It might be
inferred that the votes having on them
only the surname Carpenter or Ely,
were intended To toe cast for Matthew
II. Carpenter and George Is. Ely, aud
the votes were so counted.
In the contested election of Simon
M.rburgcr 5th Weekly Notes of Cases
800, evidence was held to be admissible
to show that Simon Marburger was we'll
known by the name OF Samuel. On
such proof votes cast for Samuel were
evidence in each of these cases raised a
reasonable presumption in respect TO
the intention OF the voter.
1t is not necessary To bring another
case within the principle enuuciated in
these, that the facts should be the same
or similar. each case must depend upon
its own surrounding circumstances. II
from those circumstances the intention
of the voter can be arrived at without
violating any rules OF evidence, or en-
daugerinR the purity OF the ballot box,
it is the duty OF the court IN dIsposlng
Of the case on it, merits TO do 30.
IL Is not assuming too much TO con.
clude that every one of the one hun.
dred and forty four persons who cast "a
vote in the borough OF MillheIm, on the
18th day OF February, lssl, knew that
the contest for the office of Justice Of
the Peace was between +. L. Musser and
!. II. Relfsnydcr. In the absence Of
any evidence tending To show that any
vote cast Tor Mu-ser or RriIsnydcr was
intended for any other person having
the same surname, the inference Is rcA.
sonablc. that votes for either Of those
surnames was intended for the caudl-
date of that name. aud when that in.
terence l. backed by the testimony Of
the person who cast the vote. there is
no room for doubt that it Is correctly
drawn.
The rule now l.. that where intent j.
material, party under the statute may
himself testify 20 such intent. 2i
Wharf Ev. Sec. iS2. gji. llth Mass
Rep. $40.
This rule OF evidence would not per.
nit voter to contradict his ballot cast
Tor one person, 10y tc-iiiyiug that he IN.
tended II for another; but where there
Is ambiguity 10y reason Of the name of
the candidate not being correctly writ
ten. or the full name not gwen. or hy
reason Of there being other persons Of
the same name IN whole OF in part.
there ought not TO be. and hold there
l. not any rule or policy Of Law which
fnrhidS explanation and proof of inten.
tion 10y the testimony Of the voter who
cast the ballot. His identity can always
be asceriained by the number endorsed
thereon. Holding these views as to the
law, after careful consideration Of the
facts, I conclude that the vote Of David
Miller should be counted tor the con.
testant, which being added to the vote
returned for him 10y the board. makes
60 votes, from which il to be deducted
the vote Of Michael Lamey. leaving
sINty.eight votes for John II. Reifsnyder.
the contestant. From the vote return
ed for F. Z. Musser Gq votes. is deducted
the votes cast by Solomon Confer and
John A. Confer two votes leaving for
him G. legal votes. Thus giving 10 John
II. RcifsnydCr one majority.
And now March 29,h, 1852. il il here.
by declared and decreed that at the
election held in aud for the borough Of
Millheim, in the county Of Centre, on
the 18th day of February, 1851, John
II. Reifsnyder having received the high
est number Of votes, was duly elected tn
the Office Of Justice of the Peace. and
il is further ordered and decreed that
the costs in the case be paid by the
borough OF Milheim, in the county OF
Centre.
ID. F. FoRTNET, ADAM Hoy, J. /.
SFASGLER. Attorneys for Contestant.
ALEXANDER 4 BowER. JAMS A. Beaver,
Attorneys for Respondent.