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Show ! TH ALLEX CASE. The ProeecnUaa tloe.-3Ilioa to VUmUi Otrrrulrd. The examination of V. J. Allen, who Is charged ith slutting tho ballot box with '-Liberal' rotes at the school election held in the Fourth precinct on July U wa. ,. jsumedberor. (fcramfesloner Green'- f,,nri,TJ;?VafU-'rn00n' AUfore, J. H. Moyle, assisted by Mr. Easton, conducted Uie rnwecutlon, while Co onelFergusou.assUledbyAIIen'n brother, defended, Fred. Kesler was called an J tesU-fled tesU-fled that he was the registration offlcer for the Fourth precinct, and after the rchool election In question he took charge or the registration list; he had kept it ever since. Mr. KelerL.IIJloepl.lnhow it was that he took possession of the list in violation of the order or Uie Utah commission. Ho haj the missing list with him aud produced It. H. F. Hall, the "Liberal' Judge or election who served wiUi the defendant de-fendant at the school election, testified testi-fied he saw nothing susjiicious In Allen's conduct at the election. Allen might have Itim Hammed without hlmnotlciticr it, ! A. J. Taysum, Sr., testified that at the election In question he voted fur It. W. Young and Gcsrgu D. I per. When he handed his ticket to Allen, he crumpled it ujt in his hand wiUi tho intention, the witness wit-ness belle ved.of II udiug out w heUirr It was a "Liberal" or l'eupleV bal-lot. bal-lot. Joseph W. Hands testified that he voted at the election in question but be refused to stale whom he oled for. George White testified that he Vuled at (he school election, but the wlndon.wassu high that he couldn't see whether bis ballot was deio-Ited or not. Jo-Iah Savlllc, William Ticims, Henry UiAdnton, 'Hits. Mulbollaud and James Mclleiiry te-tlll.sl that they voted for the IVojde's candi latc-s but were unable to seethe ballot Iox. M. S. WooIIey testified I acled a one of the judges of election at the same poll ith tlie def udaut. When became In the morning, Allen ar ranged to liave the voting clone through a wiudo.v. I ojipoxd, IkiI he carried his imiut. Itefure the (oils were ojsned, Mr. It ill folded a lot of Liberal ballots aud placed them in cnvelojies. These ballots were placed on Uie table by the bal lot buxc, anu during the day I ob-sered ob-sered that he frequently handled tlli-e tickets. Whenever he went out fur a moment he placed a book otr the ballot box, aud no tickets were placed lu the box excej-t by him. I was notified in the morning to look out fur crooked work, Vut in time was so taken uji that I couki not cratch Allen much of the time. Secretary e!ls was called and produced the tally sheet for poll 2 or the fourth precinct for Uie school election iu question. It showed the! vote vx aa follows: Williams, 150; Young, lis. j Tlie following perM)us all testified that at Ihe election ill qut-tkm they j ciited fur Young and l'yjsrt: W. F. Ne leu. John H. Sanger, John .sharp, Jr., T. 11. D. Watson, F. O. Wei, Jocnh V. Smith, G. II. Su. II, Evan Morgan. ('. A. F. Or-ob. Or-ob. H.&. Wilson, T. F. Tliomas.Jr., W.nml J. Tuddeiiham.J. F. Smiths IH. Pierce. W. J. Mik-c J. M. Sco L W. A. It ipni, James M Mi-chelVon, Mi-chelVon, Tlio". Moss, Wm. Sai.som, J. P.Okon. A.J.Oliver.W.R. Pickering, Pick-ering, Joliu Starley, Jotiuahejihard, Willi ini iecrs, riionias Thomas, Itotwit Ituckett, W. C. SNjulres, George Onensliaw, Jr , J. (1. West-wood, West-wood, S L Miilholteii. Joint Mij-lierry, Mij-lierry, W.S. Nc-hn, H. W.Sanis-bur, W.Sanis-bur, K. II. Miow, I". If. Wood-ma Wood-ma usee, II. C. Wallace, Gennte White, A. It. Wright. James W. Wriiht, Alex. Wlnward, Itjbert Patrick. A. Pratt, C. L. Itjgcra, W. O. ItlJgrt, S. P. Teasdel, J. J. Toronto, Peter M. ItoliillKKl, Joliu Oivnsliaw. II. T. McEwau, J. Oloreiishaw. One witness, iiamod Thoritburg, tc tilted that lie was not a "Mormon." "Mor-mon." but had voted tlie People's tu-kel. he lianded his tolhit tn Allen, Al-len, who ti.k it ill hia kft ImihI, while holding another Inllot iu his right liane; witne-s turncsl Ills pjii iu another dire Hon fur an liiMant, and Uien sax Allen dejo-it in the Iwx the lallot he had in his right hand. Witness after. wards went toO. W. Powers and It. I). Winters and told them that his allot was not jait in the lx. Mr. Moyle stated that several witntssc-i who ha 1 been ii'ibpienaed had railed lo ajijmir, and he therefore there-fore asked that the examination be contiiiunl until today at 10 o'clock, awl that attachments lv K-ued for Uie wltnc-es. The mjuest was granted and the court then al-juurued. al-juurued. At about hair-past ten this morning the, case was resumed. re-sumed. Tlie jiro-eculion placed a liuiulicror witnesses on Uie stand who testified that they vcted the People's ticket. The cro-c-zxamlna-Hon was confined to asking each witm-s if he examined hia ballot before otlng. It was proven that there were 22 billots in the box, and only 279 ; names) on the oII list. One name ou (lie latter, that or George 0icu-sltaw, 0icu-sltaw, was marked ' vote,," whereas where-as lie all I not vote. Thus there were four more billots in the ballot box than the lolI ll-t showed bad been cast. , The prosecutAn re-tej, and Mr. Kergu-on filed a motion to dismiss the copUint on (he ground tint the prosecution had failed to mike out a case. Tiie motion was argued at considerable length, Mr. Moyle making an ex -elk-tit speech Iu op-jo-HIon to It- It was overruled.aud the introduction of evidence for the defense! was begun. H. S. McCallum was the first witness. He testified to having visited Uie K11 at which tlie defendant de-fendant officiated as an election juJge; that there were six or seven Pcojilc's Party voters in tlie room where the election Judges and dial leugers were; that Iheystoud around the ttble up-m which was Uie ballot box. and were there in violation of the rule c-tablihed by the Utah Commission. The witness described In detail the interior of the room, etc but no fact of any lmjartance! bearing on the cae waa elicited ou the direct examination. Cross-examl ued. I knew Allen in Leodville. Ho was a policeman there several year; he was not prosecuted In Leadvllle or Denver, to my knowledge, knowl-edge, for any election fraud; he has been In this city about a J ear; has been tending bar; dont know of Ills havlngcngaged In dciling cards. Iu three precincts piles of lullots lay on the table beside the ballot box; Uie election ju Jgea Would hand out ballots to voters. Prior to tho day of election a "Liberal" ticket was sent to each IVoIes Party voter, but no "Liberal" "Liber-al" tickets were sent to "Liberal" voters until the day of election. At the close of McCal'um'a testl-mony, testl-mony, at Uie request of Mr. Ferguson, Fergus-on, the case was conUnued until 2 p.m. next Tuesday. |
