The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-03-05
wALLAon Va. MCKINLEY.
Az Abls LsHal document tina, Gives tho
fAOla
[CoNIINUrDl

~, Whllhtb hnUulu Db tuuulfu IUi CUn'
testanI. See Carpente w Ely, 4 VIA,
i2Oj Pe0plevs FnrgnaOn, y C0wen, 1922
Mckenzie Va BraxtOn, McCrary hl, y,
1856; P0ple w Seamen, DeniO, f00i New
ton w Newell, 70 Mlnn,, b2A.
Z, That the 8 votes certified 10 JOna-
than Wallace should be counted for con
testant. Aee Carpenter VI kly, 4 WIh.,
i20, Mckenzie w Bfaxl0n, McCrhry H.,
y. $3.50, People w Kennedy. 81 Mich 67i
People w Cook. IA Barb, 259; People VI
Cook, N, Y.07.
That tho one vote certified 10 Major
wallace, ana the . yOtea certified tO Mai,
wallace, should be counted for contest
ant See Carpenter w ely, 4 Wis. i26i
Chapman VI FnrguaOn, Bartlett, 2B7,
4, That the votes certified 10 John
II, Wallace,the 2 votes TO W, II. Wallace,
and | 70 W, W. Wallace, should be c0un'
ted. Soc Carpenter VI Ely, 4 Wla, i20;
State w Gates, 43 Conn, $685. 3 Am. Law
RN l42 ID, Champney for James A. o. In
Mhhs' Legislative House Doculnenl(leBT
No. 8l.
8. That the 3 votes certified 10 Wallace
should be counted for contestant. Soc
Carpenter w ely, 4 Wis, i20; Talking,
ton VI Turner, II III, 23i; Newton w
Newell 70 MINI. 529i Seaainghaus w
Frost, Election Cases, i7th Congress, 1903.
From the foregoing authorities IL Will
BE- Seen that votes cast for "lely," were
c0nntod for George Il, kly,' yOtea cast
for "Ge0rgO B. Ella" were counted for
George Il. Ely" and votes cast for ID.
NJ. Carpenter" M. d, Carpenter" IN.
II. Carpenter" aud Carpenter" we're
counted for "Mathew II. Carpenter" "A
Wis. i20), Votes cast for "lalklngtOn, }"
were counted for Joseph TalkingtOn,"
al Ill. 23i) Votes cast for Judge Fer.
gnsOn," without any surname or initial
were counted for "Fenner FerguaOn,"
Il Bart. 207) That votes cast for NE.
we'll, "krank Newell '"g. IL. Newell"
or "F. Newell" should be counted for
"Frank u. Newell" Geo Mlnn. b2D)
That votes cast for "JOuas Champney"
and for u. q, Champney." should be
counted for Jonas A. Champney," al
though no had father living aud ell
glble, name was "JOnas q. Champ
pney" (3 Am. l.. Review, li2)
IL saems 10 these cases and tho other
authorities above referred TO fully enti-
tle contestant 10 claim each and all the
2a votes before referred 10, counting
which gives 10 contestant u majority Of
Z IL votes, on the returns aB certified 10
the Board OF State Canyaasers.
Thus far w0 have only considered
what appears on tho face Of the official
returns, made dnd certified 10 the state
board OF canyassera, aud In tho light OF
the evidence aud tho law IN applicable
NhaVnlA huu.a latsuI an al on
10 the prejudice VI contestant.
We will next proceed 10 consider con-
teBtanPs claim for ballots cast ut said
election for the contestant, but which
were not counted or returned for him
by the election Olllcora, aud which, there
fore, do not appear In the official ab-
stracts,
The principal part OF this class OF
votes were cast In Fairfield township,
COlumblana county.
In this township u majority OF tho
judges OF election aud both clerks we're
Republicans; on making the official
count IN the evening OF election day
they found In tho ballot box eleven bal.
lotR on which tho name Of wallace" In
SOL, form. appeared for Congress. which
they did not count or return for contest
ant.
The Revised Statutes of Ohio provide
foS. he safe keeping OF tho ballots In
thtA0ll0t box 10 be used IN contest ca
$685. (5ec. 2g5B)
The testimony Of Robert II. Carpenter
and John q. Augustine show that said
ballots and box lOr said township were
properly kept. Their testimony further
shows that said box was properly open.
cd aid u recount Of the ballots had In
this caao, and the same are attached ny
exhibits 10 the deposition OF John q,
Augustine,
On this recount only 633 ballots were
found IN the box, while tho official ah.
etfAct OF tho Secretary Of State shows
that 03S ballots were actually cast nj
said election, no that on the recount b
less ballots were found than were cast
ut said election.
What became OF these b ball0tsY The
testimony OF Albert H. Shields, Republi.
eau Judge Of said election, shows that
tho ballots on which the name Wallace
appeared In irregular form as they were
found IN the count, were laid inside on
the nd Of the box until tho accumula-
tl0n became great, then placed In u hat
In thus changing them around from
place 10 place In u room well filled with
people, IL ie quite probable some OF those
ballots were Lost; that In this way this
discrepancy of Ave ballots arose, as these
ballots, thus laid aside, were ballots on
which contestants name appeared
II we arc right In this modo OF nc.
counting for tho diScrepancy,this loss OF
would DO 10 tho prejudice OF tho con-
teatant, nnd this number should DO nd
ded 10 the II before mentioned, which
were found In tho box on the recount,
not having been counted and returned
for contestant.
10 will appear from M examination
OF tho testimony OF Augustine, aud from
tho exhibits attached TO his deposition,
that on tho recount there were found
for Jonathan II. Wallace go yotesi for
Jonathan Wallace votes; for j. II. Wal
lace D votes; Mager Wallace vote; Mn.
Wllnc vote; Wolnc | vote; W0llac 2
votes, Wolloc vote; Jonathan II. Wal
lace / vote; Mage WOlac | y0tej Mag.
Wolace vote, Wallace 3 votes; WolOc
vote; making Il total Of 2DS votes, The
Official returns made by the Judges OF
election gives contestant only 287 votes.
being II less than tho true number
shown by such recount, II contestant "
entitled TO claim oil OF the aforesaid 2VS
ballots.
II exception In takon TO the spelling
OF tho name "Wallaco" on any OF tho
aforesaid ballots NJ shown by the toati-
mony OF Augustine, we claim that an
inspection Of said ballots ~ they appear
wttached to his deposition, will show
that tho witness hus not done entire
justice 10 contestant In this respect.
The ballots themselves show u better
spelling OF the name In several Instances
than that given by the witness In his
deposition; but We contend that, accor'
ding 10 tho legal rule which