The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-03-05

a
ants name therein for Congress, was
not counted or returned blythe judges OF
election, for the reason that name OF
aOma one, not u candidate for any office,
appeared written on the back OF raid
ticket. This ballot Nv attached 10 the
deposition OF W. u. Guess, aud his teati
mOny shows that the name waa written
on the back, not by the party who voted
the ticket, and that the same was voted
In Ignorance Of tho fact that there was
any written on the back OF the ballot,
We fan 10 SEQ why this ballot should
not be counted, II II be claimed that
the ballot be void under the provisions
OF aectlOn 20is, vol, 70. page l0B Ohio
Laws, which provide that ballots shall
bN "WltllOnt any mark or device by
which Que ticket may be distinguished
from another, except tho words NJ the
head OF each" We reply that the object
OF this statute was 10 guard agalnat
frauds upon the voter, and that this case
does not fall within either the spirit or
letter OF this statute,
IN MADISON TOWNSHIP, C0LuMhIANA co.,
One ballot wac found by the judgea OF
the election on which cOntestanpA name
appeared In writing, under cOnlealee'a
printed name for Congress, on q regu'
lar Republican ballot, This ballot IN
attached TO the deposition OF Jonathan
A, Mick. His testimony and that
Of George W. Durbin show that
thia ballot waa not counted for contest
ant. We ara entitled 10 have this vote
counted for contestant, for the reason
that the written name should prevail
over tho printed one, the writing being
the hlgheat evidence OF the voters in-
tentlOna, (See McCrary on El. SOC, l0s'0)
II II bN objected that this matter la not
specifically mentioned In the notice OF
contest. we reply that c0nteatee has not
been taken by surprise, lilo could have
examined witnesses on the matter had
he desired no to do, ana We understand
II Nv Il matter 10 which contestant may
now make claim, although not apeclllc'
ally mentioned In his notice, See Me-
Crary on El. aec, 1853 II Bart 3Sl)
ILLEGAL VOTES CAST ron CONTRsTEE,
The qualifications of electors are very
particularly described by tho COnatltu-
tiOn aud statutes Of tho state Of Ohio;
aud by tho rulea 10 established, the
qualifications OF electors are 10 be teel'
cd.
We quote In full all the constitutional
and statutory provisions which bear
upon this subject. ana attach tho same
10 our brief IN an appendix, for cOnyc-
nence. and will hereafter refer TO the
same by sections.
Wa will now proceed 10 cOnaldefn.
tIOn OF tho testimony In relation 10 ille'
gal votes which were east and counted
fOr c0ntestee. We call attention 10 the
following persona who voted Illegally
for cOnteatee.
ELIAS MEDLEY -lla testimony shows
that no voted for cOntestee In Stark
county, that he, with his family, rest
ded In Harrison county until August,
1889, when hO came 70 Carroll county.
leaving his family In Harrison county
where no lived until Sept 10, 1889, on
which day he with his family moved TO
Stark county and voted NJ the election
on 10th day OF October, having been In
Stark county lOaa than thirty days, hence
his vote waa clearly illgal, (See stat.
utes Of Ohio sec, 20i5)
CHARLES llARDEsrY. -Thla party voted
In Carroll county. was n Republican, had
n family residing In Harrison county at
the time Of election, which family never
resided IN Carroll county, ~ shown by
the testimony OF John ll0ller ana John
j. BrlckOr. His vote waa clearly Illegal
his home being In tho county whore hla
family resided, Tho witness, Bricker,
swO tfa no saw him vote, did not aeO the
face Of the ticket, hut both witnesses
know HIM TO bo u Republican In poll
tica which raises the presumption that
no voted for cOnteatee. His testimony
could not ho taken ~ II IN not known
where no N.
REV. SAMUEL CoLLINs-Tho testimony
Of Cyrus 4, ROthwell, r. W. Winter, Enos
Goble aud Joseph BrlltOn, show that Col
lins had been preaching In Palestine,
COlumhlnna county, that no left there
with his family In December, 1881, went
10 Washington u. g., located there M u
minister, ana never resided In Ohio af'
terwards. In hla own testimony, taken
by c0ntestee, ho admits ho voted for
cOntestee In C0lumblana county; that
on going 10 Washington his intention
was 10 remain there permanently II
auccessful lie aweOra hls going lhorc
might bo brief or might be perma'
nept," that II successful, his intention
was TO remain there indefinitely, IL ia
quite clear that Rev. Collins, when he
lett this state with hia family, did not
leave with tho Intention Of return
Ing" hence hls vote IL illegal (R, 3.
nf a anp Oln