by Mr. Clark, who was also one of the judges. The tickets, after being counted and strung, were put into the ballot box; the box was deposited with Mr. Harvey C, Newberry, the township clerk, and one of the clerks of election, in whose possession it has remained up to this time. There were two hundred and sixty one votes polled for Representative in the State Legislature, of which David L. Rockwell received one hundred and thirty-two votes, and George Sheldon received one hundred and twenty-nine votes. There were no votes polled for any other individuals for representative at said election. The poll books show that D. L. Rockwell received one hundred and thirty-two votes for representative. The poll books should show that David L. Rockwell received one hundred and thirty-two votes for representative, as there were no votes polled for D. L. Rockwell at said elec tion. In this place the contestor proposes and insists that the tickets or ballots and poll books be attached to and made a part of this deposition, and the same is done, with the endorsement of the letter B thereon. GILES HODGES. Also, at the same time and place, John Perkins, of lawful ing first duly sworn, deposes as follows: age, be I was one of the judges of election in Franklin township, Portage county, Ohio, on the 10th day of October, 1848, and officiated as such that day. I was the judge that strung the tickets after they were read and counted. The tickets, after being counted and strung, were put into the box and deposited with Mr. Harvey C. Newberry, the township clerk, and one of the clerks of said election, in whose possession the tickets and box have remained up to this time. There were two hundred and sixty-one votes polled for representative in the State Legislature, of which number David L. Rockwell received one hundred and thirty-two, and George Sheldon one hundred and twenty nine. The poll book here present, marked B, shows that D. L. Rockwell 'received one hundred and thirty-two votes for representative, which is erroneous. The poll books should show that David L. Rockwell received one hundred and thirty-two votes for representative in the Legislature of Ohio, as no votes were polled for D. L. Rockwell at said election. JOHN PERKINS. Also, at the same time and place, Robert Clark, 2d, of lawful age, being first duly sworn, deposes as follows: I was one of the judges of election in Franklin township, Portage county, Ohio, on the 10th day of October, 1848, and officiated as such that day. I was the judge that took the votes out of the box, opened them and handed the same to Giles Hodges to read, who was also one of the judges of said election. The tickets, after being counted and strung, were put into the box and deposited with Mr. Harvey C. Newberry, the township clerk and one of the clerks of said election, in whose possession the tickets and box have remained up to this time. There were two hundred and sixty-one votes polled for representative, of which David L. Rockwell received one hundred and thirty-two, and George Sheldon one hundred and twenty-nine. The poll book here present, marked B, shows that D. L. Rockwell received one hundred and thirty-two votes, which is a mistake. The poll books should show that David L. Rockwell received one hundred and thirty-two votes for representative in the State Legislature of Ohio, as there were no votes polled for D. L. Rockwell at said election. ROBERT CLARK 2d. Also, Harvey C. Newberry, at the same time and place, of lawful age, first being duly sworn, deposes as follows: I am township clerk of the town of Franklin and was one of the clerks of election in Franklin township, Portage county, Ohio, held on the 10th day of October, 1848, and officiated as such on that day. I assisted in making out the poll books, and tally list. After the votes or tickets were read and counted, I put the tickets into the box and have had them in my possession up to the present time. The tickets upon the string here present are the same that were deposited in the box at said election. There were two hundred and sixty-one votes polled for representative in the Legislature of Ohio, of which number David L. Rockwell received one hundred and thirty-two votes and George Sheldon received one hundred and twenty-nine votes. The poll book here present, marked B, shows that D. L. Rockwell received one hundred and thirty-two votes for representative, which is erroneous, The poll books should show that David L. Rockwell received one hundred and thirty-two votes for representative in the State Legislature of Ohio, as no votes were polled for D. L. Rookwell at said election. HARVEY C. NEWBERRY. 4 Also, at the same time and place, Jonathan P. Carver, of lawful age, being first duly sworn, deposes as follows: I was one of the clerks of the election in Franklin township, Portage county, Ohio, held on the 10th day of October, 1848, and officiated as such on that day. After the tickets or ballots had been read and counted, they were put into the box, and delivered to Mr. H. C. Newberry, the township clerk, in whose possession they have remained up to this time. There were two hundred and sixty-one votes polled for representative to the State Legislature, of which number David L. Rockwell received one hundred and thirty-two and George Sheldon, one hundred and twenty nine. The poll book here present, marked B, shows that D. L. Rockwell received one hundred and thirty-two votes for representative, which is erroneous. The poll books should show that David L. Rockwell received one hundred and thirty two votes for representative in the State Legislature of Ohio, as no votes were polled for D. L. Rockwell at said election. JONATHAN P. CARVER. To the Speaker of the House of Representatives of the State of Ohio: We, Henry L. Tilden and Israel Forker, two justices of the peace, as aforesaid, in and for the township of Ravenna, Portage county, Ohio, do hereby certify that the foregoing named witnesses, Willis Strickland, Philander Robbins, Edmund Yale, Theron Wales, Milton J. Snow, Giles Hodges, John Perkins, Robert Clark, 2d, Harvey C. Newberry and Jonathan P. Carver, were by us first duly sworn to testify the truth, the whole truth and nothing but the truth; and that the foregoing depositions by them respectively subscribed, were reduced to writing by one or us, in the presence of Darius Lyman Esq., counsel for the contestor, and Samuel Strawder Esq., counsel for the contestee, and were taken on the first day of the times and at the place specified in the enclosed notice, and on behalf of the contestor. In testimony whereof, we have hereunto set our hands and seals this 31st day of October, A. D. 1848. H. L. TILDEN, J. P. [Seal.] The State of Ohio, Portage county, ss. I, Horace Y. Beebe, clerk of the court of common pleas, within and for the county of Portage, and State of Ohio, do hereby certify that Henry L. Tilden and Israel Forker, Esquires, before whom the foregoing and annexed depositions were taken, were at the time of taking the same, justices of the peace in and for said county, duly commissioned and sworn, and to all whose official acts as such, full faith and credit are due, and that the foregoing signatures purporting to be theirs are genuine as I believe. In witness whereof, I have hereunto subscribed my name and affixed the seal of said court at Ravenna, this third day of November, A. D. 1848. HORACE Y. BEEBE, Clerk. REPORT FROM THE COMMITTEE ON PRIVILEGES AND ELECTIONS. IN HOUSE, JAN. 25, 1849. A majority of the committee recommend for the consideration and action of this House, the following resolution: Resolved, That George E. Pugh and Alexander N. Pierce, are constitutionally elected to the office of Representatives in this General Assembly, from the county of Hamilton, and that they therefore be now permitted to take their seats. NORTON S. TOWNSHEND, HENRY ROEDTER. MINORITY REPORT OF THE COMMITTEE ON PRIVILEGES AND ELECTIONS IN THE HAMILTON COUNTY CONTEST. 1 IN HOUSE-JAN. 25, 1849. The undersigned, a minority of the committee on Privileges and Elections, have examined the certificates of election of Oliver M. Spencer and George W. Runyan, claiming seats as members of the General Assembly, from the first district of Hamilton county, and also the certificates of Geo. E. Pugh and Alexander N. Pierce, claiming seats in this House, as Representatives from the county of Hamilton, and dissent from the opinions expressed by the majority of said committee, and submit the following as their reasons for such difference of opinion. Your committee have examined the certificates or credentials of election of Oliver M. Spencer and George W. Runyan, which are herewith made a part of this report, and find that in the first district of the county of Hamilton, that That Oliver M. Spencer and George W. Runyan, having received a majority of all the legal votes cast in the first district of said county, were by the judges of said election, declared duly elected Representatives to the State Legislature, from the first district of Hamilton county. Your committee also report that the certificates of said Spencer and Runyan contain the legal and proper evidence of their election as above declared, and all the facts which the law requires as necessary to entitle them to seats as members of the General Assembly. |