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Show THE FIRST GUN FIRED Lively Opening of Hostilities in the Ferguson-Allen Contest for the Clerkship- C0UNTEB - 0HAEGE3 OF FRAUD And Localities in WLich it is Reputed to Have Occurred The Testimony Testi-mony Begins. A troop of politicians, a procession of witnesses and a galaxy of legal talent filled Judge Anderson's court chamber at 10 o'clock this morning, when tho election contest case of Fergus Ferguson Fergu-son vs. Clarence E. Allen, in which title to tho position of clerk of the County court was involved, was called. The contestor was represented by Arthur Brown and J. L. Rowlins while Judgo Loof borough appeared for the defendant. The complaint was read citing that in tho election in August last both were candidates. That 3740 Votes were declared for plaintiff and 8755 for defendant by the board of canvassers. can-vassers. That there was mal-conduct on tho part of tho judges at Biugham whereby twouty fraudulent votes were counted for tho defendant; that 89 irregular ir-regular votes were counted for defendant defend-ant in one precinct and 19 in another; that illegal votes wore counted for defendant de-fendant at Bluff Dale and Alta. Tho reading of the complaint having been concluded Judge Loofborough launched a motion to dismiss on the ground that the action was not within the jurisdiction of tho court, tho statute providing that a continuance cannot exceed twenty days, and if it was done then the court lost its lurisdiction. Mr. Brown These continuances were . taken by consent and expressed agreement agree-ment of counsel for both sides, Judge Loof borough We consonted;to but one continuance. Mr. Brown Your honor Judge Zano insisted that the consent to a continuance continu-ance be made plain and unequivocal before ho allowed it. Ho also said it was physically Impossible for him to hear the case and cited the illness of your honor. The motion to dismiss was overruled. Judge Lool borough then urged another an-other motion that the plaintiff be made to elect, on which course he would rest his contest and that the others be dismissed. dis-missed. In support of this he said there were four causes on which a contest con-test could be made. I Mftlcondunt on the part of the Juflpeg. 8-Dis(iimlM( atlmi of the party at t. ilme of ht -lectJon to Kit the ofllee. 8-Where bribery In pharKPd. 4 for Illegal aud fraudulent voting. Tho complaint in this case, continued counsel for the defense, cites the first and fourth grounds. The others are not drawn in question. This puts the plaintiff in the attitude of declaring this to be a valid election and asks judgment judg-ment that he was elected to the office and entitled thereto. If the election was invalid, then the complaint defeats the relief that. It is inconsistent. Mr. Brown contended that plaintiff had a right to join all the causes for contest. It is not necessary to challenge the validity of an entire election when fraud is presumed to exist in one word. The motion was ovorruled, whereupon where-upon the defouse submitted its reply, which enters a general denial to the charges in tho complaint, andasacross-complaiut andasacross-complaiut alleges tho following: ' 1 That In poll I, 8wond precinct, two votes cast fur defendant were destroyed. 3 That In poll a, Socond proclnot, four voted In excexB of tne number received by plaintiff wi're rauntHd for him, 8 That In polM. Second preulnct, the judge made an ern.r and counted one vote for defendant de-fendant In exuesa of the number actually caat for him. 4 That In poll 1. Third precinct, twenty votes actually cast for defendant were counted for plaintiff. 5. That In poll 1. Bingham, votes cast for defendant were counted for plaintiff. -Thnt in precinct 5. 8 ilf Lake the eVend-ant eVend-ant polled tifty votes more than were counted for him. 7 That the following U'ej?al volet were caat for plaintiff at Bald emotion: At Hlg Cottonwool!, Cotton-wool!, 4: Butler, i ; Granite, 8; West Jordon, 1 : North Point, 4; Pleasant Green, 1 ; Kiverton, 34 and bilver, 1. Copies having been furnishod plaintiff's plain-tiff's counsel Judge Loofborrough expressed ex-pressed an apprehension that several days would be occupied in the examination exami-nation of witnesses for the plaintiff who numbered about 50 and asked when his troop should be present. Mr.Brown t' eight the pla'ntiffcould clean up today and the testimony was laun. Hie first witness was Jacob II. Tipton, Tip-ton, a resident of S nith Cottonwood, who testified to having resided there for twenty-two years. He was a registered voter in that preclmet at the election in question and made oath to that effect. He swore that he proceeded to the polls and tendered his vote when the judges rejected it. Upon what grounds cousel for neither side asked. Witness then made an affidavit and tendered that which was also rejected. He then placed his autograph on the back of the ballot and deposited it with a justice of the peace, in whose custody it remained re-mained until this contest. The ballot and affidavit were both introduced, in-troduced, the former revealing that witnoss had intended to vote for the contestor. , Hans Hansen, witnoss No. 2, was also from South Cottonwood and recounted one experience similar to that recited by Tiptou.as did also Benjamin Wright, of the same precinct. |