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State of New-York, Seneca county, ss: Henry Hoster, of the town of Fayette in said county, being duly sworn says: that he was one of the inspectors of election in the east district of Fayette, in said county, at the special election for Senator held on the 27th day of May last; that John B. C. Vreeland, and George W. Randall, were the other inspectors in said district, and present at the said election.

After the polls of said election were closed, the box was opened, the ballots counted and compared with the poll list before the ballots were opened; upon such counting before opening the ballots, the number of names on the poll list, and the number of ballots were found to agree in number.

The ballots were then opened by the said inspectors, each having a part thereof; while opening, deponent discovered in his parcel two ballots folded together closely, pressed together in such manner as precluded the idea that they had got together after they were put into the box; deponent has no doubt from their appearance, that they were both put into the box together, and not separately; the said two votes were both for Henry B. Stanton; deponent mentioned to the other inspectors, that he had found two votes folded together, and Mr. Randall replied, that he had found two votes folded together; deponent put the said two votes with the other votes on his pile, and supposes that said Randall done the same with his. The votes for Henry B. Stanton, and Josiah B. Williams, being the only votes found in the box, were separated and placed in different piles as they were opened; after being separated and divided, they were counted two or three times, and the number of votes was found to exceed the number of names upon the poll list by three.

It was then decided by the inspectors, that the whole of said votes should be put back into the box, and a number equal to the excess of votes over the names on the poll list should be drawn out.

The votes were then put back into the box without being folded, and John B. C. Vreeland, one of said inspectors, drew out three votes, one at a time; the first vote drawn out was for Henry B. Stanton, the second and third for Josiah B. Williams. The three votes drawn out were destroyed and not counted afterwards; the certificate was made out from the previous counting, and two votes deducted from the number counted for Williams and one deducted from those counted for Stanton.

Deponent had never been an inspector of election before and was not fully aware of the requirements of the law in relation to the disposition of double votes, or he should not have consented to counting the said double votes or drawing from the box after the votes were opened.

Sworn before me, this 2d

day of June, 1851,

HENRY HOSTER.

NATHAN BAKER, J. P. for said county.

State of New-York, Seneca county, ss: Luman D. Carr, of Fayette, in said county, being duly sworn says, that he was one of the clerks of election in the east district of the town of Fayette, at the special election for Senator on the 27th May, 1851; that he saw Henry Hoster, one of the inspectors, have two votes that appeared to have been folded together; witness thought at the time, and thinks now, that both votes must have been put into the box together, and that it was not possible for them to have got together in the manner they were after they were put into the box; that both of said votes were for Henry B. Stanton.

This deponent further says, that the statements in the annexed affidavit of Henry Hoster, in relation to the agreement of the poll-list and number of votes upon the first counting, and in relation to the counting afterwards and the drawing of votes from the box, and the making of the certificate, are true.

Sworn before me, this

2d June, 1851,

LUMAN D. CARR..

NATHAN BAKER, J. P. for said county.

State of New-York, Seneca county, ss: Jacob Peterson, of the town of Fayette, in the county of Seneca, being duly sworn says, that he was present at the canvass of votes in the first election district of Fayette, in said county, at Canoga, at the special election for Senator held on the 27th day of May last; that he has heard the foregoing copy of an affidavit, made by Henry Hoster, read, and knows the contents thereof, and that the same is true, and that the facts therein are truly stated and set forth to his own knowledge, except the facts stated therein in relation to the finding of the two votes therein men

tioned folded together; that as to those particular facts they did not come within his particular knowledge.

And this deponent further says, in reference to said double votes, that it was at the time of said canvass publicly stated by the inspectors and others, and was undisputed, that said Henry Hooster found one set of double votes folded together for Henry B. Stanton, and that George W. Randall, another of said inspectors, found another double vote folded together, both for said Stanton; that said Randall so stated at the time, all of which statements were undisputed. JACOB PETERSON.

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State of New-York, county of Seneca, ss: Dwight R. Phelps, of the town of Seneca Falls, in said county and State, being duly sworn doth depose and say, that previous to the late special election for Senator, held in said county on the 27th day of May last, he made a bet or wager upon the result thereof with Rensselaer Aspell, of said town, of a pair of boots, and that the conditions of said wager or bet were, that this deponent was to have the boots if Josiah B. Williams should be elected Senator, but if Henry B. Stanton was elected then the said Aspell should have them, that such bet or wager not withdrawn at any time after it was made, but was pending on the day of election; this deponent further says that he did not vote at said election, but that he has been informed and believes that the said Aspell voted at the said election for the said Henry B. Stanton, in the first election district of said town of Seneca Falls, and that said Aspell informed this deponent that he so voted for said Stanton. DWIGHT R. PHELPS.

Subscribed and sworn to before me this 14th day of June, 1851.

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WM. CLARK, Justice of the Peace.

was

Seneca county, ss: Dexter C. Bloomer, of said county, being duly sworn, says that he has examined the poll lists kept in the first election district of the town of Seneca Falls, at the special election held therein on the 27th day of May last, and which lists are now on file in the town clerk's office of said town, and that it appears by such

lists that Rensselaer Aspell, above named, voted at such election in said district, his name being on said lists, and further says not.

Sworn to before me this 14th

day of June, 1851,

}

D. C. BLOOMER.

WM. CLARK, Justice of the Peace.

State of New-York, county of Seneca, ss: Addison N. Gurley, of the town of Seneca Falls, in said county and State, being duly sworn doth depose and say, that previous to the late special election for Senator, held in said county on the 27th day of May last, he made a bet or wager upon the result thereof with John Conkling, of said town, of a pair of six dollar boots, and that the conditions of said bet or wager were, that this deponent should have the boots if Josiah B. Williams should be elected, but if Henry B. Stanton was elected the said Conkling should have them, that such bet or wager was not withdrawn at any time after it was made, but was pending on the day of election; this deponent further says that he did not vote at said. election in consequence of having made said bet or wager, but that, as he has been informed and believed, the said Conkling did vote at said election for Henry B. Stanton, in the second election district of said town of Seneca Falls, and that he has frequently heard the said Conkling state that he voted at said election.

Subscribed and sworn to before me this 14th day of June, 1851.

ADDISON N. GURLEY.

WM. CLARK, Justice of the Peace.

State of New-York, County of Seneca ss: Isaac Fuller of the town of Seneca Falls in said county being duly sworn, doth depose and say that he was one of the clerks of the election held for Senator in the second election district of said town on the 27th day of May last, and that John Conkling, the person mentioned in the foregoing affidavit of Addison Gurley, voted at said election, and that it was stated and understood at the time that he voted for Henry B. Stanton for Senator.

Sworn to before me this

14th day of June, 1851.

WM. CLARK, Justice of the Peace.

ISAAC FULLER.

State of New-York, Seneca county, ss: Isaac Fuller, of said co. being duly sworn, doth depose and say, that he had a conversation on the third day of June instant, with George W. Randall, one of the inspectors of the elections held in the east election district, in the town of Fayette, on the 27th day of May last, in reference to the canvass of votes taken at said election, in said district; that in the said conversation, the said Randall stated to this deponent, that in canvassing the votes so taken, he found two tickets folded together in such a manner, as to lead him to believe that they were put in the box together, and that it was his impression that said two votes were for Henry B. Stanton; that said two votes were separated, and both counted; and that after the votes were all counted, it was found that there was an excess of three votes over the number of names on the poll list; that the votes were all put back into the box, and three votes drawn therefrom, two of them for Josiah B. Williams, and one for Henry B. Stanton. This deponent further says, that Ansel Bascom, Esq., of Seneca Falls, was present, and took part in the conversation above mentioned, and further says not.

Sworn to before me, this 14th

day of June, 1851.

}

ISAAC FULLER.

NATHAN BAKER, Justice of the Peace.

To the Senate of the State of New-York:

Your petitioners, electors of the county of Seneca, respectfully represent to your honorable body, that they believe that the apparent majority of four votes, obtained by Henry B. Stanton over his competitor, Josiah B. Williams, at the late special election for Senator, in the 25th Senatorial district, held on the 27th day of May last, was obtained by counting double and illegal votes for said Stanton, and the illegal destruction of votes lawfully given for said Williams.

That a portion of the evidence upon which your petitioners express the above opinion, is set forth in the annexed affidavits, and that other and further evidence can be produced if necessary, that said Williams was in truth, and in fact, duly elected to the seat in your honorable body, now held by said Stanton. Your petitioners therefore pray that the matter may be investigated, and that said Josiah B. Williams may be declared elected to such office of Senator, if found to have received a majority of legal votes.

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