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Show i i JTrnsfee Contest Decided in Faior of Yonng. H. S. JIcCALLUil CEXSURED. Jo4?e Zane Char?ei the Grand Jury KrzirJIn? Ulm unJ .IIrn. I TMCV ARC TO 1NVCSTICATC Tbrir Allrrril Iranilalrut "-r!nct ' at ibe hr!Ml CIHtton. As soon as Judge Auderson had announced that lie woulj take an-Uer an-Uer advisement the motion In arrest of Judgment In theVctMM. Judge Zane asMmed tms bench, and began to render his decision in the case of I oung Y. Williams. This Is a suit brought by the plaintiff plain-tiff to cocU-st the eleittou ol the defendant to the ofUce of Khoo! tnibteecf the fourth municipal precinct pre-cinct of tfalt lVnke City. 1 1 appears roiu the evidence that on tbe HUi day of July lal a school ilw.-tl.ju was held in the various wards of Bait Lake City to elect trj-teiato constitute the kIiosI bcunl of the city. Mesers. Richard W. Voung and Parity 1. liaams, aud Mesrs. Typer mi Llppman were candi-dui candi-dui In that -nard. The for-mar for-mar twj were for the long term, tn o J ears eacb,and the latter two for the short term.ono year each. It appears that In tills municipal product there were ifcP Vtes catt for tlie various cdtdates, tbe same number num-ber being cut for tlie candidates for tils long term as for tbe short term. Of these Williams received Sit and Young 333. Tnerc were two polling places. At tho second, where it is charged the fraud occurred, according accord-ing to the returns, Williams recti veil 154 votes and Young ISJ. The contestant con-testant alleges thai a number of votes, alwut twenty, as he estimate estim-ate it in bis complaint, were oaitfor htm were not rut In the bux by tho Judge who received the Votes, but that votes with ills opponent's op-ponent's uameupon tlam wvrekuU ttituted, nnd put in. It appear Ihii VlIUanu' majority major-ity was two, aud If thrve or more votes that were actually delivered by the votres to Urn Judge for Young were not drojij-ed in tho box, and three others for Williams were dropped In the Ux, ot course tliat oud elect 3Ir. Young. At this second -j11 there are H2ienus uhotrstiGed (orthaitwa- admitted admit-ted would testify) that they Toted for oun, hut only 12S votes for Youug were fojnd in the box, as xhoHu by the returns. If those men did vote for Youn?, or any three of theai, threr: votes, that Would elect Young. JIi Illalr, who was a checker for the People's n rty. testified that during the day he saw a man by the name of Puzry, whom he unier-stood unier-stood to belong to tbe People's party, hand a People's party envelojw to Allen, tbe Judge, who received the votes; that after be handed the lal lot U Mr. Allen, Mr. Uriswoid, a dialknger for th) Liberal jorty. In-teriweeU In-teriweeU n chnllruge; that Allen, the judge, laid tlie vote down on the table; tint afterwards tbe challenge chal-lenge was withdrawn; tint Allen too up anolhtr ballot from a little package (as the evidence thoas. some twenty rive or fifty. Uieprvci-e-uumber not being thowu) aud yut it in the lux instead of the one that he had received; that tbe one that the ju Jge received from I'uz-y was a light colored liallot, and the ticket uU not fill the envelope, a-could a-could be seen by holding it to tlie light; that the one that was put in was of a darker color, and that tha ticket dM not fill the cuvelo. c. He states positively that lie taw this, and that at tbe time he saw it ho called the a'-t a'-t ntion of tbe challenger -for the People's iarty, Mr. JacojF,to it, aud Jacobs slated to him that be did not want a fuss there at the 1U; that the People party would have a majority anyhow at this jire-cinit, jire-cinit, and aterward rial el that if there was a cuntro vepy to arise tlierc. tlie poll inlgh" lw thrown out, and ajvisi him to make no further contest at that tune about it. He states tuathe also told Mr. Pyper about it, and during the day, and subsequently, s number of other iersou. He stated that the reason hedli not appear lie fore Mr. Grecnmauon an luYvstlga tion was tliat after the elec .on I e did not know that lili tervices would be required, and be went olf to tlie National Park and was there during the Investigation before Mr. Greenman, Mr. Illair also testifies that he saw two other men with Teo ple' tarty Ucki ti ccme to the poll and liand their tickets, which are the light ones, such a.i the Peop'e' .arty were Ueing, to the Judge t! tbe election, Mr. Allen; that tiieie were challenges Interposed; nn J that Allen in the same way laij the ticket donn, that was delic-ed to bim, and took up aiiulhe one. one of tiiedark ones, from tbe table a 'Liberal" ticket, as be unden-toee and put it in the ballot box. The-ir.-caltnts. in each case were substantially substan-tially the same, lie stated,except that the parties were difTeicnt. Mr. K. I. Thornberg testifled that he was a voter, aud banded a People's Party ticket to Mr. Allen, and that Allen took It; that he had another ticket in tlie other hand when be received it from him, ai.d tliat he did not nut the one in which be cave bim, but the other one; and I believe that the ticket which was ut in was different in its appearance ap-pearance from the one tliat be binded him; at least, be did not put the same one in. The evidence further shows beyond be-yond any coctrovery that there was a package of tickets near the ballot bjx, aud timt they w ire within with-in reach of Mr. Allen, U-e Judge; an J it shons quite conclusively that th-re were tickets folded and in some of them, at leat. A number of jiersocs testify that during the day, at different limes, Allen was seen Willi one of these tickets in bis IianJ, or tickets that he had not received from voters. It also appeals that he was seated on n high fesat near the window; that the voters came to the wludon and delivered to him their ballots-, and that he took them, and it was bis duty to put them in the I ox. One of the other Judges, Mr. Ball, states that he was checker, and tliat he held a list of voter?, and checked mTas they voted, and Mr. WooIIey wrote the name down on a sheet. Their attention of course was occupied. Mr. Blair testifies that some of those ballots on the table that were near the box got on the floor. He opened one, and found it was a I. ihrml ticket, and Mr. Williams' name was on it. Mr. Allen testiBes that he did not change any cf these tickets; tliat lie put In the tickets tliat were banded to him. The returns, of course, are 7ninaacievldcnce;andthe question quest-ion Is whether the preponderance of evidence shows that there were as minv as three ballots which were cast for Young that were not put in, but that tickets for Williams were substituted and put in their place. The circumstances preceding and attending tills election of course add strength or detracts from the facts testified to, because no human act of any importance stands alone. It is the cflectoffome preceding act, and it in its turn becomes thecauso of others; and hence ail such acts as this have others standing around them that are related to them, either as effect or cause; and in the light of human reason they add strength jr tli ey detract from tlie statement of witnesses as to the existence of a fact In dispute. Tho credibility of witnesses must alsa be determined by re'erenco to their conduct as it p.-cara In evidence. It appears from the evidence In tlit; caso that about n week or ten days before the election occurred ills shown from the testimony of Mr. Keasler, the registrar Mr. Mt-Callum, Mt-Callum, who was the chairman of the Liberal committee, came to him -lCcKler) and told him that Mr. Greenman was not going to serve as Judge of election. He seems to have been considered presiding ad-o, to take Mb votes. He told Mr. Ktaler that he wanted ul-a to swear In Mr. Alien, as he was a Kiitable man. Mr. Kessler agreed, if Mr. Greenman Green-man was not there, to swear Mr. Allen in. Mr. Greenman did not appear ap-pear on tlie election morning, but Mr. Allen did, and he was sworn in and acted as presiding Judge, rc-ce.vingth-vo'es. It appears from Mr. Allea own account of blni-elf that he has at different times gone under different names. He seems to have been unsettled. He sajs he was a fuot racer, and that his object in changing his name was fur "pro fessloual reasons." Ho gives that as an excuse for changing his name at various plices. It seems tint he came lirretiM DecemiVr and trsaght his family with hint. Mnca then he has !- tending bar in a saloon, which, he mention;, Mr. Greenman stales that Mr. MeCallum spoke io him about acting act-ing as Jjdge of electlou a day or two before tho ,elec Uon, aud euirirestrd tn him that he had belter stay in his vfllcc that It might become necessary to make arrests an J Iwue warrants en election day. Under there circuni-ftanevs circuni-ftanevs this Mr. Allen was sworn in. and actedt lit sppcais before tlie court under very suspicious circumstance, and the evidence places Mr. Mcvaiium nho uudur very suspicious clrcim-stance. clrcim-stance. IiijtoberegretluJthatauy part? sbculi besodamseediurriu- tatioo, r it !rema hi tiaveUecb, by this fiction of Allen. There is no evidence here that casts the slight st suspicion upon any candidate or upon anyolh:r .udge of election than Allen, nor apon the challengers or checkers, nor upon any other person, so far as I tiara been able to discover; except Mr. Allen and Mr. MeCallum. There nre scnie circumstance, it Is trde, which would seem to detract somen hat from Mr. Blair's siatt-uent, siatt-uent, but lie gives an explanation which may bo correct. It is sL-auge-that lie did not, at uV time object that this fraud was being pct-jw-tt-li-u upon the voter, ana that be did not make a public statement state-ment that he did not call the attention at-tention of the judges to it. The circumstance is somewhat the same lib Mr. Ttiornbcrg; thai lie did not call attention to the rai t that he saw his vote was not put in. But when these clrcumUncesare coniderl with the others they -eem to give fores to tlie effect of the statements of BKIrand Thornberg. and those or the voters who to-UQtd thev handed their voles for Young u tlie Judge and they were not found In the box. When the returns re-turns were taken lute account, they would have been just as they are, probably, if tbe statements of Jtlalr and the other Itnee were true. When all this evidence Is con sidered candidly and fairly In the light of all the circumstances which surround the case and tho action of Allen, I am of the opinion that the weight of evidence Is clearly against him, and that these votes at 'east these three camiot be counted for Willnms. They ou;lit to becounted fjr Mr. Young If they were wrongfully wrong-fully left out of the ballot box. Iu a governaieui which rests on the will of the paopte, the people -liMild esc that ilia, will U expressed ex-pressed that it shall not rtat upon deception and fraud, nor upon tlie aetlou of a ravcal and a wretch n ho Ueuipts t overthrow tiie t-xpres -ion of the vople's will, ant therc-y therc-y commits a crime akin to treason j ne'er a government which protects him. Toe Judgment of litis court Is that Mr. Young was elected to t'tls oillce- aud that Mr. Williams wat not. I wlli to call the attention UU Honor, without finishing the sentence, sen-tence, added: 'I Mill havu the iIMIkI jury brought iu at 2 o'clock, nd will say what more I have to ay then." Upon the re-asembling of the court at - p. m., thegrtud jury having taken their scats, Judge Ctuo addressed them In the following follow-ing tenu: Gautleaaeiiof the grand jury 1 wklt to ask your attention to a cliirge against one William J. lk-u, who acted as judge at the rccoud poll in therb-irth Munlcital Wani at the rchorl ehtttion held on the Mill day cf July last. The charge,-. If true. Is Ihat tie received certain vot& a-id did not put tli eni in the ballot box altcrwartls thoughhotookother votes and put them in, thereby com mitting a irauu.. it it mis cnarge tlat I ask your attention to, aud I cutis you tliat It is your duty to 1 vejligatJ It thoroughly. Tiiere are circumstances and facte also, which have como to my knowledge tliit se-tm to implicate one MeCallum his first name I do not now remember. It Is your duty to Investigate his conduct aUo. Tlie statutes of the Territory pasfd lor protecting voters and for puoses cf securing a fa'r expression expres-sion of the voice o! fie people on niaittrs upon which they arc akcd to vote of securing honest elections elec-tions provide that every ofiiccr or judgn at an election who withholds, changes or destroy any Uillot apers. or fraudulently (Jiceaany titllotslnllietaliotboxts or take any therefrom, or aids or attempts to aid In such acts, is guilty of a crime, nnd liable to be confined in tbe penitentiary fjr a term of no less than tn o uer more than seven years. Another section of the statutes pro idea that any out- who wilfully aids or abets Iu the coumiI-Ioii of any of the aforesaU cSentes shall beliiMe to imprisonment. So that if you. altera full and fair Investigation of all the evidence, find that, iu ycur o,iItiiou, there Is sufficient ground for 1-elieving that a conviction may be Iiad.titat an Indictment In-dictment should be found, that a tr.al before tho itlt jury sliould taV place, tliea it is your duty to indict. These laws, as I said, were passed for the purpose of protecting tbe voter to allow cf a fair expression of the will of tlie people, and to prevent pre-vent fraua of a character such as is charged. Iuyoar investigation you should prbct-ed fairly, candidly, with-oat with-oat pasion or prejudice, aud you should not be influenced influ-enced by partiality or fear of any conequciici tnat may come from i full and fair Investigation. TT-.e names of the witnesses, I suppose some, at lea't can be ob tained from Mr. Kawllns. The United States Attorney will give you any assistance you may require. Tlie grand Jury then retired to their roam. |
