| Show WHAT WILL IT BE V The School Contest Case is Submitted Sub-mitted t J to Judge Zane r THEEVIDENCE OF YESTERDAY V Mr Williams Exonerated from All Knowledge V Knowl-edge of the Fraud Tho Defense V Virtually Caves In The trial of the case of R W Young against P L Williams involving the title to the office of school trustee of the Fourth municipal > ward was resumed before Judge Zane in the district attorneys office yesterday yester-day morning V ingJIS JUN1US F WELLS was thefirst witness called and he testified I voted at poll 2 As I handed Allen my ballot he took it in his right hand and at l the same time held another ballot in his left hand which rested upon the ballot box Between the ballot box and window sill there lay a pie of ballots which persons in the room could not see I could not tell whether Allen put in the ballot box the ballot gave him or the one he held in his loft hand Have been in donbt about that matter ever since placed The plaintiff rested and the defense V BENny BALI the election judge j on the stand who testi feM S Vooley alter the close of the voting in the evening congratulated Mr Allen on the latters fairness in conducting V the election The witness then illustrated iustrated the position of the ballot box etc Continuing witness saidI dont think Allen ° assisted in placing ballots evelopes in the morning but I did There were tickets handed out of the window to voters but I objected to it Both kinds of tick tck ets lay upon the table near the ballot box Didnt see Allen change any tickets Did not think anything of that kind was going to occur ant was not on the lookout for it Crossexamined by Mr Rawlins did not have anything to do with placing bal lots on tho table near the ballot box Lib oral tickets were placed in envelopes in the morning but were not brought into the room Vt IKANK H GRISWOLD was sworn for the defenseI was the Liberal Lib-eral checker Thero was a perfect view of the ballot box from the window all day al I saw nothing wrong Did not pay much attention to what the election judges were doing I had a list of Peoples party men I was to challenge Did not see Allen change any tickets Crossexamined was not watching Allen at all had no occasion to My duties occupied my attention ALLIS OWN STORY W J Allen was sworn and testified as follows I was one of the election judges atoll at-oll No 2 I am a bar keeper at 237 Main street I have worked there ever since the saloon opened February I came to tho city in December sometime I had no employment em-ployment until I went into the saloon I roomed at first between Second and Third streets onTemplp I cant say how long I lived there previous to going into the sa loon The house was kept by widow lady dont know her name The house is now torn down I dont know its number V I came here from Denver 1 lived in several sev-eral other places Colorado Dont know how many Lived in Aspen Georgetown Colorado Springs Was born in Freeport III Lived in Dixon U15 tJsed to go under dif ferent names Was sometimes known as Dick Murphy Stepfathers name was Murphy Could not say how many names I have been known by Could not state any of them Would not undertake to state Cannot state when I was in Dixon Cannot say how long it was since I went under a different came nor where Have been a foot racer Have assumed different names as such Could not state whether I was in Dixon one month or three years The day before the election I met Mr McCallum who told me Judge Greenman could not be at the polls and asked i I could not take his i lice I have known McCallum ten or twelve years He may not have known I went under different names He knew I was a footracer My fathers name was Patrick Allen My mothers maiden name v as jvlurphy She married a man named Murphy after my fathers death There were tickets on the table near the ballot box of both parties A man let them there Ihanded several out dur ing the day DonJt know who he was Had no tickets in my hand except those handed to me by voters Mr Kesler swore me in McCallum said nothing to me about reward for acting as judge Saw McCal him after the polls closedat the saloon He was thero to seo if the ballot boxes were properly disposed of I was about mid nisht or earlier I transacted no busines with him Behove a note was sent UD to Mr Kessler aboutmy acting as judge Did not see it Told him if Mr Greenman did not come I was requested to act in his place He swore me in Had never been oannected with elections in Colorado except ex-cept as other people I arrested Charley Thomas in Denver He is Tom Pattersons law partner I released him because be-cause the lieutenant of police advised me to do so Ho had me arrested I was discharged and he was fined SI I have nevertaken a registration oath here registrar went to my house and registered me I was registered as others are they go around and take names of voters 1 found my name on the registration list lst when I passedthrough here a year ago last March I went to Portland could not state how many names have used I cant state any of them j was a member of the old Bates running team in Denver was onlho police force in Denver for four months I resigned I didnt like it I knew no dis flnction between Liberal and Peoples tickets l Some of the Peoples tickets were in Liberal envelopes two or three of the Peoples tickets had a slip of paper around them r nu nrn AU L was sworn for the defense Was at the poll most of tho day Was present to re present the Liberal interests Saw nothing wrong At this point the court took a recess until 2pm unti After recess Allen resumed the stand i and in answer to questions by Mr Kane testified to having taken the registration oath on May 20 ISJO He had forgotton having done no was why he testified that he had not taken the oath COMMISSIONER GRHENMAN who had been called in by Judge Zano to explain how he happened to be absent from his post of duty as presiding judge explained ex-plained that the ubiquitous Mr McCallum McCalum had asked him to remain in his office to act as commissioner in case of trouble ALLEN AGAIN ON TIE STAND I Allen was placed on the stand and cossexamincd by Mr Rawlins Am not sure whcuher I took the registration oath before Registrar Dykes of the Second precinct pre-cinct or not Mr Rawlins produced two oaths one V V taken before Kessler dated May 29 1890 and another taken before W L Dykes dated < June 4 180 both bearing what pur ported to be the signature of the witness The latter was not sure that the signature on the oath taken before Dykes was his but did not say it was not In answer to the court ho said he could not swear whether or not it was his signature Mr Rawlins asked him if he voted in the precinct where he was judge and ho said yes but denied voting in the Second votng precinct pre-cinct where Dykes had registered him FRED KESSI15B was placed on the stand by the defense and testified that ho registered Allen May 29 1890 and that tho oath taken before Dykes Bad been given to him in accordance with a usual custom and said The registration administered by me are on tile in my te I Office I have ny ofce never filed them with the Utah commission Was under the impression impres-sion the lawdid not require me to No one told or advised me to retain tho oaths to prevent thenr from being examined Was iS V 1 J 4tlit3 4f 4 0 notaware that in retaining them I was violating vio-lating tho law McCallum spoke to me a short time before the school election about Allens acting as a judge of election and said he would make a good one I knew Allen was a barkeeper butldid not inquire I much about him I had authority to appoint an election judge Do not know why Mc Callum failed to notify the Utah commission commis-sion that Greenman would not act McCal lum told me a week or ten days before the I election that Greenman would likely not act Mr Rawlins Are you not aware that it was a scheme to get Greenman out and Allen in that the election might be manipu lated 1 latedWitness WitnessNo sirV Mr Rawlins Did you have a suspicion that crooked work was intended I The witness hesitated and then answered No Sirt Mr Rawlins Then why did you appoint as election judge a barKeeper ana a comparative com-parative stranger in the city ra her than some well known and reputable person 1 Witness I can give no reason MIC 31DOVALL in behalf of the defense testified to his ac quaintaco with Allen The latter l had resided re-sided in this city since last November or December Mr Rawlins made a brief and eloquent argument for the plaintiff He exonerated Mr Williams from any knowledge of or complicity in this shameful fraud Said that the proof of Allens guilt was conclusive conclu-sive that the evidence pointed almost unmistakably un-mistakably to a conspiracy and that all honest men were concerned that the purity of elections should maintained He asked the court not only for judgment for the plaintiff but for such other action as the evidence seemed to demand The defense submitted the case without argument The judge j reserved his decision until Wednes V dnv |
