Gideon Striker

Following the election, Conservative incumbent William Anderson launched a petition under the Controverted Elections Act of 1871 against Liberal Gideon Striker alleging, as reported by court reports, " the usual allegations of bribery, etc." The matter was heard by Chief Justice William Buell Richards on September 27, 1871. Chief Justice Richards determined that the allegation of bribery was not established. Striker's counsel however admitted that his agents hired persons to convey voters to the polls (provide transportation), without the knowledge or involvement of the Striker. Chief Justice Richards nonetheless ruled that corrupt practices had taken place and is sufficient to affect the result of the election, and voided Striker's election.^[6]

The seat was declared vacant on December 8th, 1871 when the ruling was recorded in the journal of the Legislative Assembly on December 8th, and a writ of by-election was issued.^[7]

Anderson opted not to contest the subsequent byelection, and was replaced by James Simeon McCuaig, who bested Striker by a margin of 16 votes. The result of the by-election was also contested under the Controverted Elections Act of 1871, and was heard by Justice Morrison on August 27, 1872. The Court found that the updated 1871 voters' list used at the Township of Hillier was not properly certified, and that only voters on the 1870 voters roll were legally eligible to vote. Upon review of the two versions of list and the poll books, Morrison found that of the 201 votes received by McCuaig in Hillier, 35 were cast by persons who should not have been allowed to vote, resulting in a vote deficit of 19 for McCuaig, and declared Stricker returned by the election accordingly.^[10]

McCuaig was formally unseated on January 8, 1873 when the court ruling was recorded in the journal of the Legislative Assembly, and Striker was accordingly sworn in and took his seat for the second time.^[11]