| OCR Text |
Show TBE TRUSTER COXTEJJT. DcfeadsiUMKcr.- StlpnUHons in the Car. IVhen-WA went to presj on Saturday Satur-day afternoon the trial of the action wherein Itichart W. Voung claims the offlte 6f school trustee for the Fourth Precinct, as against P. Iu Williams, tho sitting incumbent, was Iu progress before Judge Zine. without ajury. The following Answer An-swer was filed by the dOendaiit: Richard W. Veung, plaintiff; Vb. Parley Ii. ViIIiams, defendant. Comes now said defendant and nn-1iJS,aR. nn-1iJS,aR. i.bo ,?me!al, of ld plaln-lifT plaln-lifT filed herein, denies that at poll r0. 2, at Said llectlnn Willi- i Allen, or any other person, after receiving re-ceiving a certiln-number of bnllots. or any number of billots, of any Vn'Z Tr, VotIV' V. anJ" oU,er Ave, did not dero-itsaI4 or any billots In the ballot box r exchanged i('rm ,,r, .at,y of ll,en tor other Ua ioU or pnj billot or fradulentlypr tt all deposited any one of said ballots In mid Idiot box oreaciiof thebsliol'S so alleged to beolIVrud, conUined tho name cf aul contestant as truces for two years for said arJ, or tint JjpIi or jnj-ot the blbte thus alleged to U fraudulently deposited, contained the mmo of saip defecaut for (lie same oOlce or tem Tliit aild allpel tweatv Vo'rs oranvvote. were inproperly coan'.e-i for taid JefcajMjV, should ha?e been p-oo-rly ci-Jiiied frr said contestant. That the alleged zn .ocoaduct of said , Alton or any oilier p-ron was such i a to iirocnro the said de'endant to be declared to be clcctol to kali oflitc or that he had n tretxixed the highest number of legI otes. Wliereupon defendant prays to be llereln dieoiinctl and fix his cort herein. ItEl.iA A KA-ir, Attorneys f.r Oefeu lanL After the tc&imony of Henry Ball, one of the election Judger,had bjeu given, and the armament on theaamlblllty or the regiitrstlou Il-t, the names upon which were I nurkei "voted," had I-een hid, and the list orJerod ajmltted i1P n1P- court, as stated In our Saturday's lu, the following stipulation was filed. It Is hereby stljalated between the parties hereto, that tho follow ing named wltmte Would,if caltel mas or in this case, vclustsrlly testify, each for litftwlf, that lie voted at p?!l Ko. 2, of the Fourth Municipal Ward, nf Salt r-iU City, at an election heid therein for tlie election of school tru-tcc, en July H, 1S90, ani that the vote so t y hiin contained the names of itichard W. Young for the terra of two years and George D. l'yper for the ttrm of nne year, for school trustees for mU waW. That for all the urpo nf tf.is action eacli of saki wlmesessballbccou'idered by -ai J cnart as having o volun tirlly teUfleJ,parties hereto reerv-ing reerv-ing tlie right to ohje-t to the ad-ml-siUllty or competency of said i eMdence. The follouiug are the I names of said witness: Hera follow the names of over 1 11 men who voted tlie 1'eople's tlciet it tlie poll in question. Mr. ncllly o'ljeHed to thca l-nl-sion of the evl-deuce evl-deuce decriltl In tlm Kflntittfinn claiming lint tlie name was not oomrWent. and made n prolonged argument in supportof bis objection, lue court overruled his objection, and the evidence went In It- W. -Young was called and te-tiCed that en the day of the clw.-tlou clw.-tlou in q Jetion, he noticed a pile of ballots on the table near the ballot lwx;by holdlug the balioU lo the light, it was eay to dhttinguUh the Liberal from Die People's George 1. Blair tujtifiaJ: I was it the polls dunne the school elec-, tiou In the Fourth municipal ward in July i, a checker for the IVo- , pic t was present when Henry! I'uzytameup and Inn le-I hij ha'- ' lot to Mr. Allen. He wis challenged and Allen put bis ballot Cjxu y the box. The challenge was a Itli-drawu Itli-drawu and Allen then piikni an-' t!ier bjdlot uot the cae banded in by Mr. Puny, aed debited it in I tlie lax. I u U o other sii.:IUr civ-s I saw Allen change the ballots. I ' mentioned this to Mr. Jamionnil . J inline i'yi-er, and aIo told It W. Young that 1 thought theruaa -nething wrong. M. S. Woalley teilified-l wa-, one of the judges of election at tlie election In question. Mr. Allen pre ldeJ at our toll. He received all hallots and deposited them in the box. Karly in the morning muk gentlemen foldi-d a lot of "Liberal'' utew Jti 1 placed them on the table near the bi'lot box. I bcliet. Mr. Allen and Mr. Bill assisted in this. From Mien's osdurt, I tlpocted that he would dosoaiuhlng crooVeJ f he got a chance, anl I watchej him as well as I could, but btlng buy myself, I could not watch him mueli of the time. The witness was hauded the list of voters who testified before Commissioner Commis-sioner Grcenman that they voted for Sir. Young, and he stated Hint they were all reputel to be members of the People's parti'. G. M. Ottinger testified that he voted at the election ln question, Iwt was unable to say w hither Ihe billot he handed Mr. Allen went iut'i the box or uot- W-G. Phillips I voted attheelec tion iu question. I gave Allen my ballot an J he held it over the box until the checker said "voted" .and. got liclwecn me and the ballot Iiox so that I could not see whether ray a ote went in or not. George Itomuey, Jr. 1 voted at the election in question. Whej I went to the poll Mr. Allen bal a ballot in ons hand and tool mine in the other. I couldn't tell which one he put In the box. IsaacSmlth I vo'edat tlie election elec-tion in question. When I gave Allen my ballot he got between mc and tlie box, so that X could not -ee n hat he did with my ballot. B. F. Thornberg-1 voted at tlie election in qucstlou. When I went to the poll, Allen till a ticket in hi-right hi-right hand anl took mine with his lelt. After the checker said all right, he deposited the ticket which he held iu ins right hand Into tlie lox. lie could not have deposited tlie ticket I gave him. James MeHenry I votedjit the election in qutiou.. When I jrave Allen my tuliot, he turned around so tint I would not t!Uhal be did with my ballot. Tiiomas Muir, Jr. I gave Allen my ballot at the election in question, but he obstructed the view so that I eouldu'tseo whether he depviledit in the box or not. Here court adjourned until 10a.m. today. This forenoon the trial of the school election contest was continued before Judge Zane, tlie court sitting in the olllce or Db-trict Attorney Yarian. Junius y. Wells was placed on the stand by the plaintiff: I voted at poll 2; as I hanjcdAIIeu my lallot he took it Jn his ngut hand, auJ at the same time held another ballot In his left hand w hich rested upon the ballot box; between the ballot box an 1 window sill there lay a pile of ballots which persons in the room could not fee; I could not (ell whether Allen put In the ball t box the liallot I gave him, or the one he held iu h!a left hand; have been iu doub.about that miUer ever sinratj ' The plaiutitr resteJ, and the fe-feuse fe-feuse placed ilcnryBiII, the election elec-tion judge, on tlie stau J, who testified testi-fied M. S. Woolley, after Ihe close of the voting, In the evening, congratulated con-gratulated Mr. Allen ca the hitter's fairness In cmduetlng the election. The witness then illustrated the position of the ballot box, etc Don't think, Allen as-Istcd in placing ballots ln envelopes in tbe morning, but X did; there -were tickets handed out or the window to voters but I objected to it; both kinds or tickets lay upon the tab'e near the ballot box; didn't mo Allen change any tickets: did not 'think anything or that kind was going to occur, and was not on the look cut' for "L Cross-examined by Mr. Rawlins Idid not have auilhlogtodo with placing ballots on the table near the. ballot box; "Liberal" tickets eii placed In envelopes lu the mornlog, iwcl?,I?lr?uShl,nto the room. Fran U. Grlswold wassorrf tor the defense. I was the "Liberal" -necScr; there was a perfect view aIIdan.IaS UoUungVrouz: diiT niiif Jrma,SU attlon to wbit the elecUolljudge. were vlolotf I bad". IKS' W? P?rt omlwaVto 'SVoAUen change Cross-examined: Iwasnolwsia-ing Iwasnolwsia-ing Allen at all; had no occasion tn; my dutlea occupied mya'tenUon. or iT .. r 1 l"1 ta tehalf election Judges; there were no ballots bal-lots exchanged Uiat I knbwof;lherc VerelalloUofboth parties lying on the table by the ballot box to be handed out orthe, window to votes; them there v ,t, .lu ."f1! "Plained the losllion of the ballot box, where he sat, etc., and continued: I eoul J not git be dow; If the other side saw annhlc-wroug annhlc-wroug they shoUld have spoken of it jtbed aul there; Mr. Woolley con-gratulated con-gratulated me on my fairness In conducting the election. Cross examined by Mr.rtiwllns Have been bar-keeper at the Crystal ,,St nXa(x t,:b'VarJ'" o o this city in December lass; have been in several different places In ColoraJo: waslnrninilllnob;iii D xon. III; I I was known as Dick Murphy l my! ep-falhwa iume uas Murphv; when I used to.trarcl ne r. foot ficef. I asuad tUnrrr.t ...-. ,. no. Stale the names I Inv gone under; un-der; have gone under the name of Alien alouttluceyearr; csuld not s.ate when I took tho name or A!-?.' A!-?.' .We.n: .'' tbo "awe of Allen In LeaJvllUt the day before the school election, Mr. McCallUm came to meand sal 1 Mr.Greenmnf ono cf the "Llbehil' crettloil judgt-s wocU not bn ftijl- lj uteuJ. andir t cCdH serve lit, would like Itt I cons nteJ; I had known Mc-Callum Mc-Callum about twelve yeir; during that time lie might havekuowu that I bore different nioirs; he knew I was a foot racer anil a bartender; I wenrun let mv on Ulille eeceiit at time when t was Interested iu i (j?!0'"" others name was I I'atri.-k Alleu: mv mother's nim waj Murphy b foreshe was married, and her seconi husband name wa Murphy. There w er elctlon e nVelonea on the labia hear the lallot box, sup-pdrul sup-pdrul lo contain tickets of both parties could not say who placed them tlierr; saw meu bring the tickets there; Uny said the tickets vae to bo t,ivoa to votcr; Mr. Jlsjj dlj not object lo the tickets being paced there; I handed out a num-!r num-!r or tickets to Voters; kuew "Illral" from lVojilv licrvis be-caue be-caue I ha.1 b-en Ioij. the man who lelt tile "Libera" ' tickets there told me to give them to voter who might ak for them; tbe voter was ippoedto look at tlie ticket he was voting; did not handle the ' Liberal" tickets except to baud them out to jvoter; I banded out PopIeM tickets too. Mr. IU l!ns sarcastically I have I nb doubt you did. ! Witnerl Fred Kesslcr BppoIntcU me elcctionjudge: was ofiered no reward for so ettlug; met Mr. Mc-C'alluni Mc-C'alluni in front of tho Crystal aioon; I liad jut taken the billot box to the UtihConuatolon: It was on the. night or the election; be went in the saloon with mc; I had ju-t left the billot box at tlie office of the Utah ConimIMon McCaliUiu was seeing that the ballot boxes n rro being promptly delivered; did not Meet McCallum that night by apixilntracbt. Mr. Kawlins led tlie witness lai-k to his ereoniI liitory and he testified becouid not tell any i of the names he had gone br, and I admitted having 1,-en nrrtrted In I Denver on a chave of fraud con-neeleJ con-neeleJ with nu election, but was 1 discharged.- The witness testified jva-itively that he ha I never taiteu the registration regis-tration oatli, but that Ketsler placed his namu on tlie IKt without his doing so. To Mr. Ilellly Was a lollcemm when I was arre-ted in Denver; was a lawyer whom I hil arrested, did it for ruiongv; on tlie force about four months; never changed ny name on ncuouut of auy crime I ever committed. C. A. ICrlgtuum was sworn for j the defense? Was at poll most of the day; wjs present to represent re-present tho "Liberal" Interests; saw I nsthiug wrong. I At litis otiit the court took a ruce&s uutill 2 iu m. I ' ;i - After re. js Mr. Allen' resumed tlie stand, ami lu answer to q Jcr 1 tionu bv SCr.'Ktiib iestified to having hav-ing Uken the reqj-tratlon oath on M-. J9.li, lt91; he Iiad forgotten I luViiig-lon-- was why he tcstllled tbathehad riol bk-n the oath. J. W. Greepman was sworn and testified ininuhuer to questions by theoiutt: I naschoxn to act as a Ju !ge of election, lit Mr. Mct'aliam and others of the "Lilierai" county mnimlt'ee told mo they thought there might In trouble on that day, and thai tbey would like me to n main In myeffice suJ be prepared for lM-luei tb! I- the reason I did not nil us judge of election. Mr. Alltn was pk-ced on the ktsml and croM-examlned by Mr. IUwlius Am not sure whether 1 tnak tlio reiUtritlnn nilli ifnrt Iteglstrarairkesof tlie Second I're-cinctornot. I're-cinctornot. Mr. Rawlins pntJuced two oath, one taken before Keller dated May 23t!., 1E9J, and another taken be-1 be-1 fore W. Ii. Dykes daU-d June4 ISOJ, boll) tiuarineH hat purioneil totic the signature o? the w Itne-i-; the latter was not sure that the flniture on tlie oue takn 1-efore- Dykes was his, Uitdid njtsayit was not. Iu answer an-swer to tbe court he said he could not swear whether or cot It was his slgmture. Mr. Rawlins aeked him If he voted lu tliu reciuct where ho was Jujge anJ ho slid yc-; lt denied Noting in the second precinct where Dykes had registered him. Fred Kecs'er was placed on tho Man I by tho defense, and tmtified tint llo registered All n May 29, ISOJ, and that the oath tiken liefore Dykes had been glreu to him, in accordance with a usual cuitoni; the registration oaths adminUtered by me ore on file in my ofiice; I have never filed them wUIl the Utah Comjiislon; was under tlie lmpresnon the law did not require me to; uo one told or advised me to retail the oiths toprcvent them frijnfbelng examined; was not iaru, that in retalnlug them I was violating tbe law; McCallum spoke to mo a short' UmeSbeforo the school election alout Allen' acting as a judge of election, and said he would make a good one; I knew Allen was n bir-keeper, bir-keeper, but di I not inquire much about him; I had authority to ap- ik.Int au election judge; do not now why McCallum failed to notify the UUh Commission tint Grcenman would hot act; McCallum Mc-Callum told me a week orlendnys before tlie election that Greenman woul I likely not act. Mr. Ifawiins Are you not aware Unlit was a scheme to get Green-man Green-man cut and Allen in that the election elec-tion m ghtl-e manipulated? Witness ?o, sir. Mr Rawlins Dnlou not havea suspicion tht crooked work was Intended: In-tended: The witness hesitated nnJ then aniwered: "Xo, sir." " " Mr. IUwlins Then why did j-ou appoint as election Judge a bir-keep-er and a compiratlve stranger lu the city, rather than some well known 'and reputable person? Wltne I can give no reason. Mr. McDJwalLln behalf of the derene, te-Iried to his acquaintance acquaint-ance with Allen; the latter had resided re-sided In this city since last November Novem-ber or December. Both sides here retted and Mr. Rawlins opened the argument for tho plaintiff, making many strong pjlnts. The argument was in progress pro-gress when we went to press. |
