The returning officer was Isaac Gorrick who was a friend of Bourn Russell. The nomination of Russell was moved by Edward Close and seconded by John Kingsmill.[2] Once a poll was called for, Gorrick appointed Close and Kingsmill as deputy returning officers.[3] In January Close had also chaired a meeting at Morpeth where Weekes had addressed the voters.[4][5]
William Christie lodged a petition with a £100 deposit, against the election alleging that more than 20 people who were unqualified to vote had voted for Russell. This was not a secret ballot and voters were required to write their name and address on the ballot paper.[6] Christie subsequently published a list of the 21 people whose votes had been struck off.[7] Because the committee was able to identify the ballot papers for people who were unable to vote, they recounted the eligible votes and declared that Elias Weekes had been elected.[6]