The seats of Sidney Berry and Andrew Mitchell were contested by Beriah Palmer and Adam Comstock. The ballots cast in the Town of Ballston were not counted because two persons who claimed to be Supervisor of the Town held separate elections; and all ballots from the county were burned by the canvass committee, so that the result could not be revised. The Assembly vacated the seats of Berry and Mitchell, but did not admit Palmer and Comstock, since the true election result could not be determined; see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 10–14)