Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-01-14


One phase of the hearing last night
that was quite prominent was the tes-
timony, both oral and by deposition,
that was offered upon the one side and
the other. My brother Powers of Fort
Fairfield introduced oral testimony and
dispositions. and after he was through
my brother Dutton of Augusta intro
duced stveral dispositions exactly dis
putting the contention of Mr.. Powers;
1t seemed to me that there was direct
cconf'ict of testimony, that Is. a certain
man said there was a certain number
| OF ballots cast; certain other man, as
rar as l could see entirely respectable
and entitled to the same credence. gave
an exactly opposite version. and l Won
dered TO myself what this committee
would do with such testimony as that.
! 1t seemed to me that, as an attorney
| might say. the proponents had not met
fully and fairly the burden which is
imposed upon the moving party. That
was the way that phase OF the situation
struck me, and l wish. gentlemen, that
YOU could all have been there and heard
this testimony because I would like to
know how that testimony would have
! impressed you.
The gentleman from Lewiston Mr. Nc
/ Carty) would have you understand that
III another phase of the case they rely
entirely upon the fact that there art
( not. sufficient number of ballots in
the ballot boxes as they were received
and are now found in the State House
, here in Augusta. | want to say to you
that there is something else in the case
there 50 thai you do not have to consider
{ that as conclusive. and l do not feel
under the paticulra circumstances of
the case that it ought to be because ii
is not in dispute that the ballots were
very loosely handled. and | think the
gentleman correctly states the fact when
he says they were kept there for several
days before they were finally sealed up
and sent away. 1t also appeared in tes
timony that there was one ballot which
was considered defective and which was
thrown upon the floor, and no one at
present knows what became of it. 1t
is incumbent upon the presiding officers
at an election to make out several sets
OF returns, one set of returns indicatin g
the vote as they count it. and another
set OF returns indicating the whole num-
Der Of ballots cast If | understood the
~. there was no contention at the time
of the election that there were more than
50 ballots cast in this plantation. The
returns made up and signed by the cleo
ton officers. and which are entitled to
as much credence at your hands as the
other set declaring the vote. returns the
total number of votes cast as s. 1t
further appeared that Of the ballots cast
thert was ballot which all hands admitted
was detective; it was thrown down
upon the floor and at the present time
no one knows where it is or what has
become of il. So that it seems TO me
the number of ballots is verified in this
manner
1t further appeared in evidence before
the committee as to the manner of the
count of the vote. which was peculiar
one Owing TO the intense rivalry that
existed over the election OF representa-
tives, it appears that they counted the
ballots for representative first. The only
thing they did. as l understand, before
they counted for representative vas to
verify the total number of votes cast :.
that is. they counted the entire number
OF ballots that they took from the box
and found them to be %: then they COM
menced to count for their candidate and
instead of counting from the top, as
think election officers naturally would
do, they commenced from the bottom,
and they counted the votes for represent
alive, counting is for Mr.. Michaud and
4, for Mr. Thibodeau. Then they proceed
ed and at some time after that in count
ing when they came along to the top
OF the ballot l presume they found that
one ballot was defective in that it had
! no mark in the square over the party
column. and that ballot bore "Michaud
sticker and was of course thrown out
| don't know the fact. and I contend it
is impossible TO tell what it may be
but 1t seems to me that the mistake was
made right there and an honest mistake
no doubt | think these gentlemen hav-
ing charge OF the election when they
counted those ballots made a. computa-
ton Of 4s and AZ, and subsequently find
ing one was defective. they threw it
! That seems to me to be the only reas-
enable explanation of the matter
l am sorry that I cannot make the mat
ter plairer. and l wish that the test:-
mony produced before the committee
|
every member of the House wants to
do exact justice between Mr.. Thioodeau
and Mr.. Mchaud and towards the cleo.
tors in tina. class. l believe you want
! to do it. I think you are going to do it
| to the best of Your ability, and | regret
that you have not more definite Informal
! ton to guide YOU in reaching a conclu-
SION; as l said before, il seems to me
! upon the first proposition you are tread
ing upon dangerous ground if you ac-
| cept the contention that is advanced:
upon the second proposition it seems to
| me that Mr.. Thibodeau has fairly and
| reasonably established the manner in
which the vote was made up. Under
! those circumstances l want you to con-
| slider the matter carefully: | want you
! to consider it honestly, and l know you
will do SO as far as you are able with
what you have to guide you so that at
whatever conclusion we may arrive in
this matter We may feel that We have
done the best We could with what We
| had at hand to Judge from and with.
| (Applause)
| Mr.. SANBORN Of South Portland: M,.
| Speaker; My own engagements have been
such that it has been impossible to at
tend the hearing of this case. and l am
entirely dependent upon things which