The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1884-06-05
The Contested Election Case OF
Word vs.. Sykes.

return until the 21st inst.
The Contested Election Case of
Word vs.. Sykes.
Chalmers, j., Delivered the opin-
ion of the court.
This is contest under Sec. $50 of
Code OF 1880 over the question Of
who received the greatest number of
legal votes for the Office of Sheriff of
Monroe county on 9th day of Nov,
1883.
The petition contains the most
minute as well as sweeping charges
of fraud at said election upon the
part OF all connected with it, most
of which are as specifically denied
but as to some of which demurrers
only were interposed.
As the case must 60 back for
new trial we shall allude only to such
questions as must necessarily be de
cided since it seems to us that the
governing principles underlying
these inquiries are always the same,
and are generally well known.
The cardinal rules controlling such
cases are these: Where the charge
is fraud the burden is always upon
the contestant to show both fraud
and injury to himself in the conduct
and count of the canvass, and that
in truth apd in fact he received the
greatest number Of legal votes. I'M
til he has proved both of these ordi-
narily he can never recover. Unless
he received a majority of the legal
votes he has no right to bring his
suit; and he can complain of no sort
OF irregularity OF fraud save when he
afirmatively shows that he was
thereby damnifed; the fact that he
may have been SO is not enough,
though he may show such possibility
as tending to prove that in fact he
was injured, and he may show this
by any proof admissible IN any other
inquiry as to fraud. But always his
obligation is to prove that he was
really elected by plurality or ma-
iority of legal votes. Unless by the
whole proof he has done SO his case
must be dismissed or decided against
him.
Promising this much we pass upon
the several errors assigned or such
of them as seem important.
l. There were four boxes at which
both sides admitted that the canvass
of the votes was in fact fair and the
returns correct, to-wit: Aberdeen, S.
Aberdeen, Athens and Darricotts
As to these the court correctly sus-
tanned demurrer, though contest
ant claimed that as to them the
friends of contestee attempted in
every possible way to perpetrate
frauds, which were only prevented
by the vigilence of bis friends. The
attempt to commit frauds which it
is admitted was frustrated was ire.
levant and incompetent in proof.
2. At two other boxes, to>vit:
Centre,Grove and Rome it is charg-
ed that the result reached was gross
ly unfair and unjust; this result be-
ing produced by ballot-box stufing
and frauds of the grossest charact ter
practiced by the officers of election,
and that to avoid these all the friends
of contestant seeded and established
elsewhere for themselves boxes which
were fairly, openly and honestly
conducted, both as to the reception
and the counting of the vote, though
the results at such boxes were re-
iected by the county commissioners,
while the fraudulent votes were re
ceived and counted. AS to these
two boxes it was proper to have sus-
tanned the demurrer as to the pre-
tended outside boxes, all charges OF
fraud being denied. Whether the
votes in the regular boxes should
have been counted depends upon the
proof as to the actual frauds alleged
to have been committed there.
At the Walton Store box diff.
Guilty arose after the voting was fin
| ished as to the manner in which the
counting should be carried on; the
one side insisting that it should be
done "publicly" as the law directs,
and the other side contending, SO it
is said, that they might count in
private. Both sides sought the aid
of an armed force from Aberdeen.
The friends of the contestant obtain
ed possession Of the box leaving the
key with the friends OF the contestee
| and carried it to Aberdeen and pres
sented it i'll time to the county COM