Jasper County Democrat, Volume 19, Number 69, Rensselaer, Jasper County, 25 November 1916 — BALLOT RECOUNT NOW GOING ON [ARTICLE]

BALLOT RECOUNT NOW GOING ON

Will Probably Be Completed This Morning NICHOLS GAINS SEVEN VOTES In First Twelve Precincts Counted —None of the Mutilated Ballots Have Yet Been Taken Up.

In the petition for a recount of the vote cast for clerk in the recent election defendant Nichols by his attorneys, M. Leopold and W. H. Parkinson, appeared in court Wednesday and accepted service. Last week these attorneys for Mr. Nichols had him swear the case away from Judge Hanley, owing to the latter’s bias prejudice, etc., but as heretofore stated, on agreement Of thb parties the affidavit was withdrawn and the first petition filed was dismissed, and a new petition was later filed. It was agreed by the parties that any irregularities in the petition or proceedings up to this time should be waived and that the certificate of the commissioners might be used as evidence of the facts therein recited upon the trial of a contest. It is the duty of the court to appoint three commissioners to make the recount, not more than two of whom shall be of the same political party. While it was expected, of course, that two of the commissioners would be Republicans, it was not anticipated for a moment that Judge Hanly would appoint one of the defendant’s attorneys as one of the Republican commissioners. This he did, however, naming C. C. Warner and J. J. Hunt, Republican and Democratic member, respectively, of the county board of election commissioners, and M. Leopold, one of the attorneys for defendant. When Mr. Hunt was informed of his appointment and learned that an attorney for the defendant was to be a member of the board, he declined to serve, believing that it was highly improper for an attorney for either of the parties to be on this board, and the court then appointed J. A. McFarland in Mr. Hunt’s stead. It was ordered by the court that the commissioners meet in the east court room at 9 o’clock November 23 and begin the recount, and that

acting clerk Charles Morlan of the Jasper circuit court should act as clerk of said commissioners. It was further ordered and decreed by the court that each of the candidates might be present during said count, and that James H. Chapman, Frank Welsh, William H. Parkinson, George McLain, A. Halleck and William S. Day, selected by each of said candidates, respectively, might also be present and witness the recount of the vote. “It is further ordered that when said recount is finished the commissioners or a majority of them shall make out a certificate under their hands, stating the number of votes each of said candidates has received for said office in each township and precinct and which of said candidates as shown by said recount received the highest number of votes, and said certificate shall be filed with the clerk of the circuit court of Jasper county, Indiana.” Up to Thursday night the commissioners had recounted all but eight precincts and it was thought that the recount would be finished by last evening and the contested or mutilated ballots -which had been thrown out by the election boards will probably not be reached until this morning. The recount developed that there are still lots of people in Jasper county who do not know how to properly mark a ballot. Between fifty and 100 ballots had been found up to yesterday morning where but one man had been voted for on the county ticket, the voter having marked the square at the left of the name of the candidate for congress at the head of the ticket. Up in Keener township the local board had counted this for the entire county ticket, which was incorrect, as under the law it would count for but one candidate. Four ballots that had been counted for Hershman and twelve that had been counted for Nichols were thrown out in Keener as a result, we understand. Like errors in some of the other precincts counted and ballots bearing what were held to be distinguishing marks that had been counted by the precinct canvassing board were against Hershman, and Nichols in the twelve precincts counted had made a net gain of seven votes, which with the four shown on the face of the returns gave him a lead of eleven over Mr. Hershman. The precincts counted up to yesterday morning were those in Barkley, Carpenter, Gillam, Hanging Grove, Keener, fcankakee, Jordan, Milroy and Marion, No. 1. Those remaining to count were Marion, No. 2, 3 and 4; Newton, Walker, Wheatfield and Union.