Show R W YOUNG WINS the liberal kanui ia e proven to have been fraudulently elected THE PEOPLES NOMINEE PCT IN judge daae scores liberal ami denounces alien in particular from ahli algminas alu minas A buzz of ddn through the third district court room yesterday when judge zane went on the bench and announced that he would render his decision in the case of richard W young vs P L williams judge zanes opinion was oral and it was listened to with intense interest by all present the decision was as follows this is a suit brought by the plaintiff to contest the election of the defendant to office of school trustee of the fourth municipal precinct of salt lake city it appears from iha evidence evi deuce that on the day of july last a school election was held in the various wards of salt lake city to elect trustees to constitute the school board of the city richard W young and parley L williams and piper and lippman were candidates in that ward the former two were for the long term two years each and the latter two fur the short term one year each it appears that in this municipal precinct there were votes cast for the various candidates the same number being cast for the candidates for the long term as for the short term of these received and young there were two polling places at the second where it is charged the fraud occurred according to the returns williams received volts and young the contestant alleges that a num cpr of votes about twenty as he estimates it in his complaint which were cast for him were not put in the box by the judge who received the votes but that votes with his opponents pame upon them were substituted and nut in it appears that majority was two and if three or more votes w ere actually delivered by the voters to the judge for young were not dropped in the box and three others for williams were draped in the box to course at abia second poll there are persons who testified or that it was admitted would testify that they voted bat only votes for young were found ia the box as shown by the re turna 1 those men did vote for young or aidy three of ahem three votes that elect ecung mr blair who was a checker for the peoples party testified that during the day he saw a man by the name of who belonged to the peoples party band peoples party to alien the judge who received the votes that after he handed the ballot to mr alien mr griswold a challenger for the liberal party interposed a challenge that Al lenthe the vote down on the table that after warda the challenge was withdrawn thit mr alien took up another ballot from a little package as the evidence shows some twenty five or fifty the precise number not being show nand put it 0 one that he had received that the one that the judge received from was a light colored ballot and the ticket did not fill the envelope as could he seen by holding it to the light that the aue that was put in was a darker color and that that ticket did not fill the envelope he states positively that he saw this and that at the time be saw it he called the attention of the challenger for the peoples party mr jacobs to it and jacobs state to him that he did not want a fuse there at the polls that the peoples party would have a majority anyhow at the precinct and afterward stated that if there was a controversy to arise there fhe poll might be thrown oat and advised him to make no further contest at that time about it he states that he also told mr fyfer about it and during the day and subsequently a number of other pera ous he stated that the reason lie dui nut appear before mr on an investigation evaa thuoc aier this election he did not kaow that would be required aud he went off to the national park and was there during the ilian before mr greenman mr flair also testifies that he saw two other men with peoples poll and hand their ticket g which are the light ones such as tha peoples party were using to the judge of the election mr alien that there were challenges challe nees interposed ter posed and that alien in the same way laid the ticket down that waa delivered to him and tool up another one one 0 the dark onea irom the table a liberal ticket as he understood and put it in the ballot box the incidents in each case were substantially the same he stated except that the parties were different Mr BF thornburg testified that he was a voter aud handed a peoples party ticket to mr alien and that alien took it that he had another ticket in the other hand when he re put the one in which he gave him but e othe rones and I 1 believe that the ticket put in was different in its appearance from the one that he handed him at least he did nt put the same one in the evidence farther beyond any controversy that there was a package of tickets near the ballot box and that they were within reach of sir alien the judge and it shows quite conclusively that were tickets i folded and in some of them at least A number of persona testify that during the day at different times alien waa seen with one of those tickets in hia hand or tickets that he had bot received from voters it also appears that be was seated on a high ba near the window the came to the window and delivered to him their ballots and that he took them and that it was bis duty to put them in the box one of the other judges mr ball states that be was checker and that be bald a list of voters and checked off as they voted and mr wooley wrote the name down on a sheet their attention was of cobrae occupied mr alair testifies that some of those ballots were on the table near the boxon the floo rHe opened bound it was a liberal ticket and mr williams name was on it mr alien testifies that h did not change any of these tickets that he put in the ticket that were handed to him 5 f t i SwA the returns of comiso julif evidence and the 13 whether the preponderance ince of evidence shoes that there were as many as three bal lots which were cast for young that were not pin in but that tickets for williams substituted and put in their blare the in preceding and attending this election of course add strength to r 1 tr arts from the facts testified tu no human act of any i aids alone it is the effect of fiur brei edin act and it is in its turn heroines the cause of others and heme nl such acts as this have other stand hg around them that are d to thym either as effect or cause hi the light of human reason ohp add strength or they detract from ali e statement of witnesses as to existence of a fact in dispute the creditability of witnesses must also he determined oy reference to their conduct as it appears in evidence it appears from the evidence in ilus case that about a week or ten days before the election occurred it is shown from the testimony of mr kessler ahr i registrar mr mccaluum McCa lIum who waa ahr chairman of the liberal committee came to him kessler and tola him air greenman waa not going to as judge of election he seems to have been considered presiding judge to take the votes he told mr kessler that he wanted him to swear in mr alien as he was a suitable man mr keseler agreed if mr green man was not there to swear mr alien in mr greenman Green mau did not appear on the election morning but MJ alien did and he was sworn in and acted as pre siding judge receiving the votes it appears from mr aliens own ac count of himself that he has at different times gone under different names he seems to been unsettled he says he was a tout racer and eliat his object in changing names was for professional reasons he gives that as an excuse for changing his name at various places it seems that he came here last december and brought hia family with him since then he has been bar in a saloon which he mentions men tiona mr greenman states that mr mc calcium spoke to him about acting as judge of election a day or two before the election and suggested to him that he had better stay ic his office that i might become necessary to make an rests and ishua warrants war ranta bif election day tinder these circumstances thi mr alien was sworn in and acted he ap before the court under very suspicious circumstances and the evidence mi act allum very sn circumstances it is to be regretted that any party should le so damaged in reputation as it bedenis to have been by this action of allan there is evidence hero that casts lie sligh cst t upon auy candid tie or upon any other judge of election than alien nor upon the challengers 01 rs nor upon any other pelsor so larrib I 1 have been able to discover creot mr alien and mr mccaluum McCa lIum there are some circumstances it is true which would seem to detract some what from mr beairs blairs statement but an may be it is arrange that he did not at the time that this fraud was being aou the voter and thai he did nut make a public statement that he nut call ahe nt of the budyan to it the circum naiff is somewhat the same with mr i i he did not call to llie fact that he saw hi vote wi 1101 put in but ahn ill be circumstances are seem to give force lu the effect of the state ments af blair and thornburg Thorn burK and of alie voters who testified they handed their for young to the judges and they were not found in the box when the returns wre taken into account they would have been just as they are probably if the of blair and other witnesses were true when all this evidence is considered candidly and fairly in the light of all the case and that the votes at leapt these three cannot be counted for william ti ev ought to be counted for mr they were wrongfully left out u the ballot b x in a government which rests on the will ot the people the people should see that that will is that it shall rot rest upon deception and fraud nor upon the action of a rascal and a wretch who attempts ta overthrow the expression of the peoples will and thereby commits crime akin to treason under a government which protects him this court is that air young was elected to this office and that mr williams was not 1 I wish to catl the attention his honor without finishing the sentence added will havethe grand jury brought in at 2 oci ocle and will say what inure I 1 have basay then promptly after 2 in the after grand filed court and toik their places ia the box and judge zane proceeded to charge them aa follows gentlemen ol 01 the grand jury I 1 ask your attention to a charge against william J alien who acted as a judge of election at the school election in the fourth municipal ward on july 14 last the charge is that he received certain ballots from botera and did nob deposit them in the ballot box but other voies for iu a fraud to this S s booc atten diun tiun and I 1 charge you to investigate all i tie circumstances thoroughly une McCal liim seems to be implicated and t is your duty to investigate his conduct i also the of the territory passed to protect voters and secure an honest election provides as follows every officer or judge of election who aids in changing or destroying any poll list or in fraudulently placing any ballots in the ballot box or taking any or adds or attempts to add any ballots to these legally polled nt such election either by introducing the same into the ballot box before or after the ballot therein have been counted or adds to or mixes i or attempts to add or mix with the ballot polle dany other ballots while the same are being counted or con or at any other time or allows I 1 another to do so when in hia power to prevent it or fraudulently carriea a way or destroys or knowingly alcova another to fraudulently cany aviah or destroy any poll list ballot box or ballots lawfully polled is punishable by imprisonment in the penitentiary for not less than two or more than seven years another section provides as follows every person who willfully aids or abets in the commission of the mentioned in the four sec eions is punishable by imprisonment in the county jail for the period of six mont lis or in the penitentiary for a period not exceeding two years so that if after a full and fair in vesti gation of all evidence you find suf chent evidence to lead you to believe that a conviction can be had it will be your duty to indict any man who lias committed this crime or aided or abetted its commission these laws are passed to protect voters in your investigation ti yon hii proceed fairly passion or prejudice or be influenced by partiality I 1 you that it is your duty to investigate the matter fairly and fully the united slates attorney will give you any assistance you may require infanta shoes per pair at irvine barneis Barn evs |