Not being able to complete the taking of said depositions, by reason of the non-attendance of the witnesses, we adjourn the further taking of the same till to-morrow, then to be continued at the same place, and between the same hours mentioned in the annexed notice. Pursuant to the adjournment as above stated, on the 15th day of November, 1848, between the hours of 9 o'clock A. M., and 6 o'clock P. M., at the office of Samuel Perry, we continued the taking of said depositions, as follows, viz, Joseph Burgoyne, of lawful age, being first duly sworn, deposes and says: I was one of the clerks of the state election held on the 10th day of October, 1848, in the Southern Precinct of Millcreek township, in the county of Hamilton, State of Ohio; at the close of the election I assisted in counting the ballots given. Upon counting the ballots, we found that Alexander Long, Henry Roedter and Edwin L. Armstrong were voted for as representatives for the second district of Hamilton county. Upon nearly all the ballots upon which they were voted for, there were also the names of Alexander N. Peirce and George E. Pugh as representatives for the first district of Hamilton county. I do not think there were exceeding twenty ballots on which Long, Roedter and Armstrong were voted for, which did not also contain the names of Pugh and Peirce as aforesaid. None of the ballots for Long, Roedter and Armstrong were rejected by the judges of the election on account of having on them the names of Pugh and Peirce, but were all counted and duly returned. JOSEPH BURGOYNE. John L. Miner, of lawful age, being first duly sworn, deposes and says: That on the 30th day of October, 1848, I served a copy of the paper marked A, and which I request may be attached to and made part of my deposition, on Henry Roedter, Esq., by leaving the same with his family, at his residence in the city of Cincinnati, county of Hamilton, State of Ohio. I further state that W. E. Bradbury, whose name is signed as contestor to said paper marked A, and also signed as contestor to another paper, marked B, and hereto annexed, was, on the 30th day of October, 1848, an elector of Hamilton county, State of Ohio, residing in the second representative district of said county, and also that Isaac Bates, whose name is subscribed to the paper marked C, and hereto annexed, was, on the said 30th day of October, 1848, also a qualified elector of said county, and state, residing in said second representative district. JOHN L. MINER. Not being able to complete the taking of said depositions, by reason of the non-attendance of the witnesses, we adjourn the further taking of the same till to-morrow, then to be continued at the same place and between the same hours mentioned in the annexed notice. Pursuant to the adjournment as above stated, on the 16th day of November, 1848, between the hours of 9 o'clock A. M., and 6 o'clock P. M., at the office of Samuel Perry, we continued the taking of said depositions as follows, viz. William Allen, of lawful age, being first duly sworn, deposes and says: On the 30th day of October, 1848, I served a copy of the paper hereto annexed, marked C, on Alexander Long, at his residence, in the county of Hamilton, State of Ohio, by delivering the same to him. WILLIAM ALLEN. W. C. Thorpe, of lawful age, being first duly sworn, deposes and says: On the 30th day of October, 1848, I served a copy of the paper hereto annexed, marked B, on Edwin L. Armstrong, at his residence in the county of Hamilton, State of Ohio, by delivering the same to him. W. C. THORPE. We, Samuel Perry and Ebenezer Harrison, Justices of the Peace in and for the county of Hamilton, State of Ohio, do certify, that William M. Robb, John B. Warren, Andrew Giffin, Stephen D. Corbly, Isaac Giffin, John Ross, Thomas Cooper, Elias Seward, Joseph Burgoyne, John L. Miner, William Allen and W. C. Thorpe, were each by one of us sworn to testify the truth, the whole truth, and nothing but the truth; and that the depositions by them respectively subscribed, were reduced to writing by said Samuel Perry, except the depositions of Isaac Giffin, John Ross and Thomas Cooper, which were reduced to writing by Matthew Comstock;-that the taking of said depositions was begun on the 8th day of November, 1848, and was continued from day to day, as above stated, until the 16th day of November, 1848; that all of said depositions were taken at the office of said Samuel Perry, in the city of Cincinnati, county of Hamilton; and were all taken between the hours of 9 o'clock A. M., and 6 o'clock P. M., of the days on which they were respectively taken. Witness our hands and seals this 16th day of November, 1848. [SEAL.] Justice of the Peace. CUYAHOGA FALLS, Oct. 4, 1848. To the Clerk of the Court of Common Pleas of Summit County, Ohio. SIR-I hereby resign my office of Prosecuting Attorney for Summit county, to take effect from and after the 9th day of October, inst. [Signed] S. W. McCLURE. The State of Ohio, Summit County, ss. I, Lucius J. Peck, clerk of the court of common pleas of said Summit county, do hereby certify that the foregoing is a true copy of the resignation of Samuel W. McClure, as Prosecuting Attorney of Summit county, now remaining on file in my office, and which was filed Oct. 4, 1848. Attest my signature and the seal of said county, at Akron, this 17th day of January, A. D., 1849. LUCIUS J. PECK, Clerk. By N. B. STONE, Deputy. CUYAHOGA FALLS, Oct. 4, 1848. To the Court of Common Pleas of Summit County, Ohio. This is to inform your honors that I resign my office of Prosecuting Attorney for Summit county, to take effect from and after the 9th day of October, inst. The State of Ohio, Summit County, ss. S. W. McCLURE. I, Lucius J. Peck, clerk of the court of common pleas, within and for the county of Summit, do hereby certify that the foregoing is a true copy of the resignation of S. W. McClure as Prosecutor of Summit County, now remaining on file in my office, and filed Oct. 4, 1848. Attest my signature and the seal of said court of common pleas, at Akron, this 17th day of January, A. D., 1849. LUCIUS J. PECK, Clerk. By N. B. STONE, Deputy. 18-APP. H. J. PAPERS IN THE CONTEST BETWEEN TRIMBLE AND JONES FROM CLINTON COUNTY. SEE RESOLUTION IN JOURNAL. To the Hon. the House of Representatives of the State of Ohio: The undersigned being a citizen and an elector of the county of Clinton and State of Ohio, and also having been the opposing candidate against Alanson Jones, Esq., for the office of representative in the General Assembly of the St te aforesaid, now in session, prays leave to contest the election and right of said Alanson Jones to a seat as a member of the House of Representatives of this General Assembly, from and for said county of Clinton, by virtue of the annual election holden for the election of members of the General Assembly and other officers in said county of Clinton, on the second Tuesday of October, A. D. 1848, and by virtue of which the said Alanson Jones now holds and claims right to his seat in this General Assembly. The grounds upon which your petitioner relies in contesting the election and right of the said Alanson Jones to a seat as aforesaid, are, 1st. That during the whole time the said Alanson Jones was a candidate for the office of representative, as aforesaid, from and for said county, he, the said Alanson Jones, was then and there the duly elected and qualified sheriff in and for said county of Clinton, and as such was enjoying all the rights and privileges thereof, upon the day of said election, and for a long time thereafter. 2d. That during the whole day of the said second Tuesday of October, 1848, and during the whole time the said Alanson Jones was being voted for for the office of representative, as aforesaid, from and for said county of Clinton, and for a long time thereafter, he, the said Alanson Jones was then and there the actual and legally elected and qualified sheriff of said county of Clinton and State aforesaid, and that as such he, the said Alanson, was then and there enjoying all the rights and privileges thereof. Believing, as I do, that the genius and spirit of our representative system of government is more safely guarded by a majority of the people, and being firmly convinced of the fact that most if not all of my fellow citizens who voted for Mr. Jones, voted for him in good faith, supposing him to be eligible as a candidate for the office to which he aspired; and believing, also, that had it occurred to them that Mr. Jones at the time of his election was ineligible as a candidate for their suffrage, they would not have so cast their votes. And believing that Mr. Jones, with a full knowledge of all the facts as set forth in the premises, is now holding his seat in this General Assembly in palpable violation of the constitution of the State of Ohio, and in opposition to a large majority of the voters of said county, your petitioner requests that your honorable body may at an early day inquire into the grounds of this contest, as set forth in the papers in the cause, and that the said Alanson Jones may be ousted from his seat in this General Assembly; that the rights of the people may result back for their own decision; that a new election may be had in said county, so that the citizens thereof may enjoy equal participation in the resulting benefits of legislation in this General Assembly. The depositions and other evidences taken in this cause, together with a copy of the notice to the said Alanson Jones for taking the same, are herewith transmitted to his Honor, the Speaker of the House of Representatives. JEHU TRIMBLE. The State of Ohio, Clinton county, ss. I, Thomas L. Carothers, clerk of the court of common pleas of said county, do hereby certify that at an election held within and for said county of Clinton, on the second Tuesday of October, in the year of our Lord one thousand eight hundred and forty-eight, Alanson Jones was duly elected a member of the House of Representatives of the State of Ohio, as appears from the poll books of said election now on file in my office. In testimony whereof I hereto set my hand and the seal of said court of common pleas, at Wilmington, the 7th day of November, Anno Domini 1848. T. L. CAROTHERS, Clerk. |