8

had a large bet on the result of the election. The selection
of such a place is well calculated to excite the gravest suspi-
cions as to the motives of the Judges in making such selec-
tion; and those suspicions receive additional strength from
the fact developed in the testimony of Pagenhardt on page
60 of contestants' record, that after the polls were closed
these Judges, instead of complying with their duty as pre-
scribed by law, of immediately proceeding to open the ballot
box, and to count and cast up the ballots, left the room, or
cave, which was locked up by Powell, who retained the key;
the Judges remaining away for an hour and a half, leaving a
clerk in the room.

Such a dereliction of duty, in sworn officers is deserving
the severest censure.

In regard to District No 10, a large amount of testimony
has been taken, going to establish the fact of the presence of
armed force at the polls of that District, on the day of elec-
tion. By a reference to the testimony of Tobias S. Fisher
and James Brafford, on page 59 of contestant's record, and
to that of Upton F. Biggs, on page 19 of the record of the
sitting members, it will be seen, that the presence of this
armed forced was in pursuance of a resolution adopted at a
secret meeting of the friends and supporters of what was
known as the Radical ticket in that district. In that meet-
ing, Mr. James Chisholm, one of the Judges of Election,
participated.

In dealing with this district, the majority of your Com-
mittee hesitated between counting the votes in favor of the
contestants, of those who offered their ballots with the names
of contestants upon them, and were refused their votes, and
throwing out the vote of this district altogether. While the
fact of the prsence of the armed force, and that it was there
by a preconcert and arrangement, is thus conclusively estab-
lished; yet on the point, as to the effect of this array of armed
men on the minds of the voters of the district, the testimony
is conflicting; some swearing that its effect was to intimidate
and keep away voters from the polls: others who attempted
to vote and were refused by the judges, and who were exam-
ined on behalf of the contestants, swearing that they were
not intimidated by this military display. That no actual
violence or outrage ensued is a fact admitted by all. It
seems to be further conceded that there was a custom prevail-
ing, to a partial extent in the district for voters to carry their
guns to the polls, for the purpose of shooting at a mark on
election days.

On this state of the proof, the majority of your Committee
did not, after mature consideration, deem themselves justified
in throwing out of the count the entire vote of District No.
10; but adopted the other alternative of counting for the con-
testants the votes of those legal and registered voters who