Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-02-06

IthC lIduI III warn WAS Sucn tnat II
not possible to arrive. nevertheless, a
what the result of the election in Lew
iston was On the question we are I,
decide the case upon the evidence as i
was presented. There are two classes O
Noteslhere, fraudulent votes and illega
votes. The illegal votes are to be deduct.
ed in so far as they are proved. That j.
the accepted rule in such cases. How fal
Iare they proved? They are proved to tho
extent of nine votes. Then if nine votes
VIII not affect the result, we have moth.
ling to do with those unless the nine ad.
oed to the another conclusion you may
reach would affect the result. Now
there are fraudulent votes in Ward g. and
IL Is n peculiar fact that every gentleman
who has spoken of the fraudulent votes
in Ward 6 has said "twenty-six." But
they do not know that there were not
case for' the contestants showed
you now extensive the fraud was in
Ward 8. And that is really all there
is to this case. About 4 o'clock the
checklist and the remaining ballots
were counted up and ii was found that
they both agreed for the number that
should have been given out, that is,
the number that was given out was
really in the ballot box and no more.
There We're All ballots that had been
| delivered to the ballot clerks. After
| the polls were closed the checklist
was again counted. There were on
| that checklist 447 names checked. That
| is the contention of the contestants
themselves. There were $40 ballots
/ that had been delivered to the ballot
clerk. OF that $40 ballots, taking out
what was left, the SO, there were Att
ballots that had been properly deposit
ed in the ballot box. There were 447
ballots given out to the legal voters
one at time. The necessary con-.
clusion is that there We're 447 proper
| ana legitimate votes in that ballot box.
When those votes We're counted there
were found to be 26 more votes. Is
there one of those 447 votes that is not
proper vote and that ought not to be
counted. unless it has been shown-and
the minority admit this proposition,
that they were illegal votes from the
fact that the party did not have a
right to vote? Now, how extensive is
the fraud? Can it go beyond the 26?
There are 447 ballots that were prop
erly given out by the election clerk
"A.
fraud is necessarily limited by 26 If
it appeared that they carried the bal
lot box off and had brought it back
before the votes We're counted and so
would have had an opportunity to take
some ballots out and put others in, then
l would agree that twas uncertain and
that we could not tell how many
legal votes there were in that ballot
box, but here We are compelled to the
conclusion that the number of legal
votes in that box was 447. / do not
care whom the burden of proof is on
to prove it. 1t is proved and unds-
puted. There is no way on the facts
and figures to escape from it.
Whom were those votes for? We
will assume that those returns have
been destroyed as to their full value,
but they are still evidence as to how
the vote was actually counted after
the close of the polls in Ward 6. If they
do not show what the legal vote was
they show what the. vote was that
came out of the ballot box. Accord
mig to those returns Mr.. Morey in
Ward 6 had 331 votes. Now there were
26 illegal votes. Subtract those from
Morey's-and assume every fact you
can against the sitting members and 1
Will assume that there those eight
votes also in Ward 6, and we deduct
them in addition to the 26-then we
clearly believe that Mr.. Morey who
has the smallest majority of the two
members that the majority of the
committee say We're elected-we leave
him with a majority of 12-what UNI
certainty is there in that proposition?
There is no uncertainty about the
number of fraudulent votes We have
no right to take out any more illegal
votes than have been proved And
when we add them both together we
have "a. That leaves Morey q ma
jority of -. There is another element
of uncertainty, but that is the final
element of uncertainty, and that is all |
there is of it. l differ with the gentle
nan from Brunswick when he goes
to some other ward to produce the re-
suit of Ward s. This return is evil
dence OF the condition of these votes |
when they were counted. You may ex- 4
anime the ballots in Ward s.
and give the Republican contestants |
the benefit of every possible doubt as
to those markings. and you cannot |
find that they would make a difference |
of more than six in one case and three
in the other, six for Morey and three |
as to DR.. Garcelon.
Now. is there an absolute element |
of uncertainty as to how many votes |
must have been cast for the Demo- |
cratic members in Ward 6? 1 do not |
care whether there are more or less. L |
say that we cannot on the figures ar
rive at any conclusion except that there |
must have been at least enough Demo- |
cratic votes cast in Ward 6 to have
elected Mr.. Morey and DR.. Garcelon. |
am not anxious to reach that con- |
nevertheless | am compelled
TO find, whether 1 wish it or not. that |
Messrs. Garcelon and Morey were
elected by the fair and legitimate votes
of the city of Lewiston so far as the
evidence that has been brought before
the committee of this House is con-
cerned. l do not care on what con-
siderations you will vote; know no
what considerations you ought to vote.
You are the judges of this election.
You are not to vote as you wish. I
did not come to the conclusion that
might have been most agreea BILE TO me