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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 3912   View pdf image (33K)
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ticket, but does not state to which party these persons be-
longed.

Allegation 3. The third allegation charges, that at the polls
in Election District No. 10, 16, 15, 14 and 2, sundry illegal
voters, unregistered and non-resident were permitted by the
Judges of Election to vote, &c.

It is in evidence on the part of the contestants, that in Dis-
trict No. 15, there was one vote cast by a person who was not
registered, but in all of the othsr named districts, the con-
testants have utterly failed to produce any testimony to sus-
tain said allegations.

Allegations 4 and 5. The fourth and fifth allegations charge
that the election in Districts No. 4 and 1, were held at illegal
and unusual, and improper places, &c.

While it is shown that the election was held in Districts
No. 4 and 1, at different places from those at which they were
held the previous year; yet there is no testimony to show,
that they were held at unusual and improper places, or at
places unknown to the public, neither is there any evidence
to show that the judges were, biased in favor of the sitting
members, against the interest of the contestants, in holding
the election at the above named places, which places were des-
ignated by the proper authorities, and not by the Judges of
Election, as charged.

6th. The sixth allegation charges, that the Judges of Elec-
tion were partial in the discharge of their duty, and were,
and acted as partisans, &c.

The testimony offered to sustain this allegation, does not
sustain the charges as alleged therein; and the Committee
were unanimous in the opinion, that neither of the sitting
members advised the Judges of Election to exclude any vote
for contestants, as charged, &c.

7th. The seventh allegation charges, that each and every
one of the witnesses hereinbefore named, and legal registered
voters, entitled to vote at said election; that each of them
attended the polls, in their respective Election Districts, on
the day of election and tendered his ballot to the Judges of
Election &c.

This allegation was duly considered by the committee and
determined by a majority to be sustained; it being however
in evidence, that there were four or more of said persons, who
swore that they were either not at the polls, or if there, did
not offer to vote.

8th. The eight allegation charges that a large number of
persons, who were your partisans and friends, and voted for

 

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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 3912   View pdf image (33K)
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