[5] However errors by the returning officer resulted in the election for East Moreton not occurring on a single day with the poll in Cleveland being held at a later date.
[1][3] A second election in East Moreton was held on 5 September 1863,[7] which was won by George Edmondstone and William Brookes with Robert Cribb coming third and Warry fourth and last.
[8] Robert Cribb lodged an objection to the outcome of the second election saying that the ballot paper were printed in a manner likely to mislead the voters.
[11] Warry challenged the election result claiming that Brookes had conflicts of interest in relation to contracts with the Queensland Government.
[14][15] Warry became seriously ill on the Sunday after the Town of Brisbane election, and died five days later on Friday 19 August 1864 at his home at Spring Hill.