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Show WHAT WILL THE JURY SAY? i Allen's Trial for Alleje! ailpnctlcn it tbs School Eltttl". 1 actoiom n ruins' jaUimr".7 llrrrniljnl'ii Couutrl Call Mr. !"' Hard nmr. Jii.ljr l'ewrra' , Xalnr.il .MiKletljit Ourrepo'tof tho Allen caw rto 1 ymtirday afletnooti Willi lhMniIin-Hon lhMniIin-Hon of M. 8. Woolley. Flll (tile, attorney V. II. Hlephma, fc'"1" proM-eullon, calliJ J lidee 1 Ii fltfTU that Mr. Winters made etatuneobi lu lilmontlioday of election ilmllar to lliwo undo liy hint on the wtttifO eland. Thla waa ruled ouL,inJ tho t roeecutlon rntedj Judge Poweja tlieu- nd lb open-In! open-In! itatemelit for the drier, lie comnienccd by attacking Mr, Winter, Mjl nii that the defeuv woult ilio" Hint It was not the alleged .uWliulloii of ballots which so sliockr.1 hla hlte oul, lait rumor that tho ileitis of other ward! were Lelm glreaoutln-atnad glreaoutln-atnad of thoae of the l'ourtli (reclnct. Thry would allow tint nil Iba tute-meriui tute-meriui male by litm In relation I) Allen's conduct hat no fouuiUtlonln fact. II. H. McCatltini waa otllej ail mM In Jul last I haj the honor of bring chairman of tho 'Liberal" nunty committee On the nflerno.in ot the school election In iiiratlon I went up tn the Pouitli precinct an I aav Mr. Winters. I nerir elated tolilmlbatl had toll Allen to clunco rlrtren ballot. bal-lot. Imrlliit the iliy I came to Hie roueluelon that weroull not la In the Third prtilnct, eo I cunceatnted our forces lu tho p'ourth preclnct,snd that la why I wont up there. Mr. Winter tohlnie that ererythlnr a-aa Kolnicoiiall rlghL I ooncentrateurom thirty tluoe vvhlclr lu the prrt loctauJ otrrotlthedilver oatr luducemtiita tn get oti r oul. I nver h-nl Sir. Winters say antthlujritDui mil In that irilncl until after tlm cvuety olpctloti, when ho told mo that If lie wo talloj before the Krandjurjba would tell Iluiuwiuo thluKitliatuey woulJn't want to hear. I nut ml Allen Id I-c Irllhi In Ib79. Tbetaly rouiU1nt 1 mclved durinictheair from tho Fourth precloct was ihateuaie tltktta from other ireclncls had tta brought up there and ere telof ped lti.it out. II. T. Hall I waaa Judge of election elec-tion with Mr. Allen In Jul l.t, talent ta-lent tho day uf the elw lion I nw Allto nllthethne. 1 dlt not see him chaoje auy rttln or do an thin.; Irregular. Alter the ulla tliavd the I'rapla'l pirty Judge congratulated ua upon out lalrneM. .Mr. Crltthlow ()n the Jiy when II witatUledtbat Vf. A I leu lml forfeit, ed III bonds, didn't you uieet it. , Vouiu and state to him that wltll you didn't ie Allen do aurtlilcr. wroujr, etlll ou weru eueplcioua? Wltiiun-I did, but I iualll1ed It. Mr. Critchlow .Nerir mlud that.- Judge 1'owvre 'ow )ou can state tlinquallflcatloli. Witnnu-Well.t tald that If Alien did change tickets and the i'eople'i I'srty turn know he waa j;olnir to dj It and ho waa tia allele for th.in to t aldi hlm.Uu ought to Ket oil. II.iucu. ttr.l 11 rl. Krlcgboum I waa In the em. ploy of the litis, ml county commute 111 July list, ami on the. day of clei, tloti woe chief clerk at the l'ourtli rv-clnct. rv-clnct. I waa at the Hecond oil I re. inetilly and did uot sit) Allen sutjstl. tutu any billots or do anything wrong. After the electlm, when Mlutwa turueil hla blank books urer to me, ho said he hid donnthe last work tie lull ndinl to do for the d tl (arty. rrutiU (irlawold ataled: I was act-Inicm act-Inicm checker and challeuger for the l.tbeial I art at Iho Fourth precinct lu July lut, U eheil tho rolera rare-lullynud rare-lullynud thalleugrd Ironi six tn ton 1 1 rsoiu. I sn Allen all the time, but didn't see lilm change auy ballots or doatollilngoutoftheway, Vflerthe lulls cl.ol, Mr. Winters came to me aud aald that If any of the ticket lis I tiovll changed the IVoplo's fuarty tickets tick-ets would Isiun the lloor, aud he suggested sug-gested that wo K'.hrr them up and put thvui nut of the way, 1 lu lili kej them up aud Iwout oxer them and eiainln-eilthem. eiainln-eilthem. I followed him. and saw that the ticket he had gathered up wero Liberal ballots. ! rod Kttler was called, and itr, Dkkaon's first iiue,llun was. tijn Jul)atdlJ)ou holdanyolllcoln the Lllwral organlratlou7" Witness n, air. Mr Ulikaon What was It? Wltnese-Itcglstratlou olllcer for the Fourth precinct. Thla question an J nnawor brought forth n roar of laughter. Mr. Dickson Joined In tbe general laugh at his own I. XI Wll Ml. Continuing, the witness testified tliatheuas at the lulling plates all day and a.ur nothing wronrf In Allen's oonluct. Olllcer Currihsald he was on duty alliloyat the Fourth precinct during; tlieeloetloiilu tuestlon aud heard no complaint of any klud lu regard to AI-tin. AI-tin. JacohUrcsnwaldandA.il. Parsons boiliUslirird that they had frequently aiteilssjudgiiof election, aud It was uatoinary to liao ballots with thiol at the lulling places. liliiu aoins Aurs, W.J, Allen, tho defendant, was next called and mid I was proatdlngjudge of elicilon nt the l'ourtli (reilnit In July lat, The'e wero n number of ballots of hjlh parlies ou the table wheru the ballot box wat. 1 did uot lhange any ballot that day, nor ill I I put I uto the boa auy ballot not presented present-ed by a voter, uor did I fall to ut Into the lux any ballot of it legal voter, V heu the nllacl uj that evening Mr. Winters suggested to metliat It might be well tu Ick up mum Istllols whfou wirrKatleredoutliHiliur. 1 toldhlm I know nothlug about them and ill In't irosisololik them up. I never ha I any uf the couversailonswllh Mr. Wfii-Wrs Wfii-Wrs testified tu by him luro. On the night of the I.llwral couvHutluu Mr. Winters tame down to the silo-Mi whore IwastiuJIngbiirnlilstaUdthathehad ls.eu difeuted for the nomination of count attorney, nn 1 ho proposed tu get ien wltll the LIWrs.1 utrty. In ulher con creations tiugavu the Liber al irty a pretty hard name, Mr McCnllum never suggested to me that 1 should thange any volts at nil. I saw Mr. Winters mid Mr. Young at the polls the dr of tho election, i had K,,'S?r"t!al all In the election, and "rM thP".0! t""!r., ',"rm-' "''" arSai '"owed by law. Wi?.."r'. 'fltchlowI am sure Mr. quteJJ "'.'" niello the Cy.ul drlnt0!!0?' UM?usi llitiiil,,Jfr11 ,ouV ." wl,w'Jr Den?.. W." ' "?"' ' rnm" '" f-ron "'. bringing my ramlljr with am! i '"'S ,H',,,, fwl rarer, nsmr, i".0"." uai1" I'ldtren. namAr ?!! L"l,.loU ' w,e'" "l"l PU tVi M4rlr. At dlir.rent ,J2 In Colorado I went mi ter the halJlfl' '''"Win nd Williams. I Tn.J 1M "l." '" foot rare since 1J77. team. V. '". lllol foulest of of ?h.,.l".'ulTl110- M member was.? i1.11" u""n .',l "etiver. I '"dvln. 1,i",'Ti'laloat wH'.'i.""""1" 'WW reporter, wis. K! ' " ""H'orlty In legard to la? a?Un "li alU'lfeJ Hwrts. He nrorJIiWM,'U.1,'' "mntoii thing for Sh.7?i,on',.n',,1,,,,,loBou'''Itrauame """ than tin Irnwn. sl,7 i1.'. McIrI firmetly re-? re-? i? MUadvllle, aud waa police Jus-"" Jus-"" and city attorney there. 1 knew -uen tiiern. llu ... i.ibii.... ?.. .... mfin "J l,,,lt ll ' t10"' ln""I H luesllone.1. jJJj-Mcfalldin tratined lolhnenme -JWJtlhenaiuJotirneJ till this mom- ' j TUIIAY'lI I IIOCUtlllMI. A- the lima coutt one 1 tills morn-tug morn-tug Judge Anderson had in his hand acopyoi the Hall Like lltraM, whlcli ue was scannlug curiously. J'rieiitly turning lowanl the Jury-box hi Honor 1.1,1 "' u" Juron lleforo wo I ronvil "'"'lul usee I want tu enquire woollier ny of you gentlemen have f tbe report of this trial contained in this morning's rr.i(. f? ,AII answered In the uegatlvn. Judge A nderson 1 1 seema that none w you have.. It a a question to my Mod, If you had, whit action should JJ.taken. Thl Je a very Improtar thing for a newspaiwr to do, to publish ura an account a has been done In thl case. What they have to say aoulJiMsaij when tho trial 1 over, ootwhtnltlepenJIug. It I understood that the Judge's reference wa to the heading of the report re-port aud not to lliu rcjurt Itself. Further evidence wu railed by the defense. Warner A. Itoot,tiowoOinaha,wliu drtcrlbiil himself us "an all round --""paper man," said Jio flrsf became acquainted with defendant In I.eail. villain 1870. If e never heard his lion-JqueatloneU lion-JqueatloneU by any tine. To Mr. Htepliens: Alien wosamem-trofUiaollce wosamem-trofUiaollce force In Ualvlllr. At itiatilmo witness was local editor of a I.eadvllleDewier. II. was In Halt Lake now on a prospecting tour. Joseph Jenkins, a reurtcr on Hie -lMssUH, a-tld he formerly reside 1 lu I-eadvllle and wa there well acquainted acquaint-ed with Allen. Against Ills general tepuutlou tie had nuver heard a word. Mr. Dickson aald that Mr. Hall, who was called aa a witness yesterday afternoon, after-noon, deelred tu make a correction In the testimony which ho then gave, having misunderstood a question put tnhtm. Mr. Hall desired tu be recoiled now. The witness accordingly took the stand anJ Mr. Dickson aildl In crc-tvexamlnatloa yesterday you were asked, "At tbe time yoti were Informed by Mr. IllcharJ W. Voung that Allen bod forfeited his bond, did you uot remark to Mr Voung that ou did not eeelhedefeudintchsiige auy ballots, but that you uieitei something of the kind wa Ulng done. You an-wired an-wired "Yes.'1 JS'ow make any explanation ex-planation you desire. Witness U I said yra"Ild what an weon. because I did not see hlni cliaoge any laillotn, uor UKI I know anything about It. I had tio'susplclon on the election day that he was doing anything ttiat waa not right. Mr. Htepliens What nudo ou an-ivrer an-ivrer yesterda) , thc,u, aa ou did? Wltnist I thought the qutstlon referred re-ferred lo the talk I had after the eleO-Um. eleO-Um. 1 then aald (it looked klud of fti-plrfoui from the talk. Mr. Htepliens You mean to slate that you did not have auy Intimation cr Idea that anything wroug wo golug oil on election tlay7 Wltnees en. Mr. Krrlghuum, recalled by the pros-fnillou, pros-fnillou, said tliat tome of tho blank br.ka were turned aver to him by Mr. Winters In his office and some at headquarters. head-quarters. Tliat defense rested, and Mr. Crltcli-let Crltcli-let re-called Mr. It. D. Winters. He said he t'otllced" with Attorney llnwn for about two years. It wa Hiiro the I lank books were turned over toKrirgbnura. Irossixamlned by Mr.DIckson He JM not anticipate defeat at the hand of the convention delegate. Judge Towers asked is-rmlsslon to rail John llenry-rliullh. He I mlcer aud testified to seeing Mr. W liters and Allen lu the C'rjstal saloon, taking "two or three drinks" tof.ther one evening last summer, Iter the election. He did not hear tbetr oollesatlon, huwover. To Mr. Crltohlow On another oo-couu oo-couu there lis heanl them talking about an election. ilrt. Ida Winters, wife or Attorney It. II. Winters, was lalleU, but her evUence In chlol was uulminrtaut. Tg Mr. Crltchlow tho ssld she had nerir known her husbaud take whisky citvi t lor u cold. Kho had never de. torted the oilor of whisky wheu he returned re-turned homo at night. Mr. CriWilow If he had been dilating whisky do you think you would have detected the odor? ' Mr. Dickson It Is lniuslblo for her to answer that. There are so many wajiknown to the whisky drinker of dhgulslug the oilgr. (I.tughter.) IKirluc the month of July or Augjst last ear, shu said, she had no resaan to susjicct her husbaud had so tudulred. Mi Hi hens, lu addressing the Jury for ilia pnieeiutlon, said he nutnl lut say that this was an Important case. To hla mind It wo more Imiurtant lhau ce of hoinlclde, Inasmuch m the ople of the Unite.! Htatee lookeil iiiuii the Hirlty of the 11 lut box. with groatef t reverence. The only prott cllou tlieyc-jultl luaalbty have for their life, liberty o liappfmaia waa that atlord-1 atlord-1 by their vutn. Unless they coull uut a ballot which should be purely their own. an I untramiieM, they might Just as well live lu Husala ur China, for It was I tier to lu ruled over at the sweet will of oue man than to have a mere preteusuof self-government. self-government. Against the midnight thug a rdin could protect himself If on blaguur.1, but against tho Inaluua I lions ofilwrjury tninmlltnl behind one's Uik, against a conspiracy lo deprlte ii.le of their votei, a tanon could scarctly do so. The history of eleitlons In this niimlry proved this where corruttlon had been allowtsl to hold It say. rhU stu a case, thsrefore, In whlr-h Hie Jury should havo the greatest consideration con-sideration for the safi ly of the rem. luonweallh. If Allen waa guilty, It was of vllal lmurtalice that he should not esos; If Innocent, of course h luuat go. Counsel Inslstnl the evidence evi-dence tltmrly troved that the defend, ant did rhange certain nt the letllct handnl to hint l.y voters, vot-ers, and tainted lo the eati with which he could distinguish through theeuvtloiiotbedlirerencels-twtvnlhe"Ltlerar,anltlin theeuvtloiiotbedlirerencels-twtvnlhe"Ltlerar,anltlin 1'eonle's Tarty tlrkt I. There cvul 1 1 no doubt of this after tho lest mute oalerJy, while Mr. It. W. Young was ou tbe witness stand. That gentleman was able lo plik out the Inlhits every time wheu the euvelol. wire held up to the light. Mr. Winters kad testified to having actually seen Allen change fwo of the ballots, nnd then again there were the damaging ndmlsslons msdo to him by the defendant defen-dant himself nnd hi colleague, MiCallum. It hat l-cn sought I y the defense to show that Winter ha I lurm-l ruunduiniitbol.lbeial" party trjt of revenge beratuo he was not nominated for thenftlce of munty attorney; at-torney; that he Hit relorognvr them a "black te." No person coull jsissl-My jsissl-My credit audi rt story. It was said that Alleu was n moral man, and that MiCallum thoMi him na a Julge of election for that very rmson. That story waa ntrhlo thin Ut thru) do Alleu Justice by all means, tut, he naked, were there hot In the Fourth preclm t plenty of Intel llgeut aud roinpitent voter from among whom n u Ige coul t hnvo teen stilected? IlislMd of Hit", however, McCallum had logo about, like the I hllowipher of old. seeking nn honist maul AtcCnllurii ltncw thl tutu to lo rt "racer" and that he traveled under illllertut aliases It waaunanswerable and ridiculous to supisise (tut Alien should have been hunted for simply becnuie he was an honest man. Anxious Anx-ious lo obtain Home oue who, as a liiugo uf eh ctlou a mist lniurtant olllce would rrl!cct credit nn the Liberal party par-ty at the lull, and In face of number of respectable cltliens, McCallum went Into the Cr)atal taloeu out engaged a bar tender who list only It en here some six months, to fill that nrllce. Yes, Jmt because he was honrsll "Wr, ana l.ltieral party," contlnutd coun-el, "have sstlmil lo set up something hetterthaii we have ever had before. We have continually harinl.and Justly so, at that which eilated under the old nglme lu this city. Lver since we have attempted to rot a "Liberal" administration In Halt Lake City we nave uceii pieaiiug lor pure sillt(cs. We want an American state of things, rhertfore we should be all the more cartful to protect the ballots mat lu thla city and the tight of theioplet and If a crime has been committed lot us tunlsli It with an unsparing hand." Witnesses had troll tailed to character; but we hinlly ever hoard an tiling slid even aluut a Hilt f till ho gut caught. Mr. Htel hen urged tho Jury. If thiy titlleved from thoevl-tlelire thoevl-tlelire that thee harge had lieeu roved, to find the defenlant rullly, and let him be punished as ho dtserved. lie usked tueni lo give Hie lestlmonyof Mr. Wlnli rs due weight and credeucv, nnd watch cautiously theattemj t made liy the di leuso to break that testimony down. Attorney Dickson followed for Iho defense, lie admitted that a crime agalnat the ballot box ws ono of the griatt-stof crlmesin a representative government, because It struck at Its very foundation. If the ballot box was uot rutecled f roin fraud and tor-nqllon, tor-nqllon, the liberties of tho people would lie very Insecure. It wa n greater crime, howevir, to couvlcta man ofa felony when the evidence wa Insuflldent to carry rouvlctlon to the mind of all reosouablo men. There was noevidence in nil case, lie contended, con-tended, luttlilent to exilte eat n n ut Iclun excel t the teltlmouy of "Hint whited sepulchre that despicable hytucrlte, that wrctihiHl creature Uriah Heip Winters." Winter fttooit hero contradicted tiy tlio drfeudatit, Mr. (IrlswolJ, and Mr. Henry McCallum. lie inquired, in-quired, then, were tho Jury going lis believethe stattments of thl Juda Iscarlot, rut agaltut the testimony of n number of ressctable men? looking at the face of these w Hues see, ho himself him-self would far rather ncce t the tin iworu statement of those gentlemen whom he had named lhau the tworn evldt nee of "Uriah Heap Wlnttrs" Mr. Dickson next dealt with the bearing bear-ing of Mr. Winters after what he lira 1 alleged to havo seen In the txihaiigiug uf the ballots, and remarked that a man who would sie n t rime committed and uot protest against It waa unworthy un-worthy of trust. Upon his testimony the prosecution retted entirely. If ill atatedient were true, then, by his concealment con-cealment of the evl lenre of it crime, he was a ixirtlocis crlmlifs. an accessory acces-sory after tho fact. What motive was there for Allen committing such an urtaa that for which hoHiielnllcteJ.' What wa at' stake at this eleitlnn? There were no o'llctu with tuniu-input tuniu-input lu view. It was men ly nu election elec-tion of school trustees. Under time clrcumslauiivi was there uiiy roasou for n man to commit n felooy and so nienlhe doors of thojienltentlary Lir htmsell? Air. Dickson w tut through the uvldtuce of the principal witnesses and asked the Jury to say that there vu not even groiin I for suspicion against thocouduitof his client. Judge Towers came Host and said hq regarded ridJroae fir tho defense In this case as almost ii work uf suiurero. gstlon. He, too. devoted a considerable consider-able turtbii of hla remarks to an atUuk iiuuthewltutss Winters, saying tho managers of tho LIUral iarty muat fuel palnul that they ha 1 lieeu tmiHlliHt to opcm thulr doors for inch a recruit. Ilia luutiicM were apparent. HI nroto. tyii wa to lie f luud III history. Upon the vltuet-etaud he sat "cold as a llih," hypucrllu a ho was, stumlugly the actual trosccutor lu Hit cate. Winters woull never hnvu lieon seen ou tilts witness stand giving tividtuie lu this nutter If the Liberal jurty had so far fiirgotUni Itself us to havo uomlnattd hint fur the pnit of counly attorney Initrad of Walter Muriliy, Huhad na love for any ipan who was show n to bo one who would cover up n irliuu so long as his own Interests In-terests wero at stake, an I then play the hypoirlto In order tliat he might give veut to some prlvato feeling of revenge or l Ique. Judge Tower tllon handled the opiqu? cuvoltipu tiuu-llon, tiuu-llon, and lualutainei tint the evl-dumv evl-dumv ou this portion of the case simply amounted to nothing. He laid sires upon tho admitted good rhsritctor of the dofondanl. and t rotested agaluet the way in which Attorney At-torney Htehohs had lutrod'iird the name uf Henry McCallum, In asstitlug that the lattt r a pointed Alleu to si re Improper ends, 'llili was, ho said, an unjut aud cruel tualiiuatlou, an I counsel must have lieeu htuo tlwl at the tlmu he said what he did, Mr. tileusui had uot lstriiSs leulilmseltrromlhelhnalhlllrlalbe can; he wan not himself nowl The t. -alimony proved that he'Judge Towers) waa defending an Innocent man. This case arose put of mere stis ph Ion, that suspicion Inrlcaeed through uibllctalk, and Hit re was nothing now lull. The worst that cuul.l 1st snlil of Allen Wis that he had It-en a font racer and rt Istr ten er. and he was now the victim of a large coull cou-ll Irscy. JuJge Towers al)o Ml I parenthetically parentheti-cally nnd with a look of Innoceuct I do not lc1love tn conducting elections dishonestly; au I whatever may be said of me, I have a dear conscience ou that scorn 13 Court then took a recess until two o'clock. |