Show THE MANDAMUS CASES the mandamus cases were called up before judge zane cember Oe le 17 I 1 in ri these the court is 18 asked to issue an ordet order that the registration officers register curtain certain citizens who are members of the peoples peopled party and whom the registrars declined to place on the ight the two officers involved are J R morris and ana E R clute the morris case was called first but on its being stated that clute had bad registered the complainant his case was first taken up mr rawlins appeared for the complainant and mcbride hoge and morritt merritt for fbi the registrars THE CLUTE CASE E B R clute testified I 1 am registration officer for the second municipal ward regi sterei wm J bachman on thursday thursday and friday last on the street he had applied twice before then in the street and in front of my house I 1 had my registration book with me on those two occasions and I 1 refused to register him till I 1 reached his hia house he did not say aay he could not come from his work he was not home when I 1 called it was the third time that he applied when I 1 registered him to judge the first time he came there were five others these had been registered he had not and I 1 declined to register him till I 1 had been to his house the next morning was the second time tie he came and I 1 refused on the same ground as in the first instance when I 1 knew a man I 1 would register him on the street but I 1 did not register those whose residence I 1 did not know I 1 completed the house to house canvass on saturday night I 1 have been instructed to note the residence of persons dersons registered 40 to mr rawlins I 1 knew wm J Bich BAch mans brother registered him before I 1 visited his house I 1 have registered some on the street and before visiting their residences but not many have registered a good many in hotels and saloons because it was their residence or place of business sometimes I 1 registered men after I 1 learned where akey lived live dand and sometimes I 1 told the them they would kouki have to wait till after Dece DecemberS nibe rd I 1 registered those whom I 1 knew and those whom I 1 did not know I 1 refused to register I 1 refused to take evl evidence deuce pr or to EA ad minister the oath where I 1 did not personally know the party I 1 was instructed ted that I 1 need not register on the street or at my house unless I 1 wished to I 1 registered wm J bachman as a favor to him to mr rawlins raelius I 1 possibly have taken the oath of persons residing in the third municipal ward and handed the name to the registrar registrar of that preci precinct net judge mcbride objected to this line of questioning and the witness was excused the instructions of the utah commission relative to obtaining the residence of each one registered were offered in evidence this closed the testimony in the case against E B R clute blute and it was agreda that the arguments be reserved and be made in both cases at the same time THE MORRIS CASE in the case of henry cumberland vs J B R morris registrar for the third precinct henry cu cumberland testified that he lived in the third precinct have lived in that precinct 27 years am a married mark man 22 years ago I 1 married a second wife I 1 have only had one wife for the past 11 years have never been convicted of any offense married my present wife in december 1852 judge mcbride objected to the evidence because it was not given to the officer mr rawlins said that as a basis for mandamus mand ambs the plaintiff hal bai ba I to show his right to be registered the court ruled that the evidence was waa proper witness cumberland continuing in reply to mr rawlins Rawl insI I 1 am a naturalized citizen here are my iny papers those these were offered in evidence which were objected to hy by col merritt because the certificate did not show who the witnesses were the naturalization papers also bae the certificate of clerk H G mcmillan that they were issued by the third district court may 10 1865 the court admitted the papers as evidence witness continuing J B R morris or the registrar came to my house I 1 an am in my year when morris came to my residence my wife called we me into the house he asked me if I 1 wanted to register I 1 said I 1 did he asked me if I 1 had been registered and I 1 said no he asked for my papers and when he saw them he be said he had bad special orders not to igister rg later any one who received papers when patrick lynch was clerk he refused to register me I 1 afterwards called on him and he again refused I 1 called a second time and for the third time he refused to register me to mcbride when morris came to my house I 1 did the talking my wife may have said something I 1 told the registrar I 1 had been in polygamy my wife said I 1 had bad bad three wives but I 1 had hut but one now he did not refuse on that ground but because of my papers I 1 went to the peoples Peu ples comm committee attee headquarters and got advice there they got mr mcmillans Mc endorsement and it was on my papers when I 1 presented them to morris on the second occasion I 1 did not hear my wife say she was a polygamous wife she was hut but I 1 have married her legally since then I 1 got my papers before I 1 was a polygamist I 1 did not explain these things to the registrar because he asked me nothing about it he told me his only objection to me was because patrick lynch had signed my papers I 1 got my certificate of naturalization in court mr moss and mr bouk were my witnesses both are dead judge titus was the judge rhe record of the court of wednesday may 10 1865 showing the admission of mr cumberland to citi zenal citizenship way was offered ed in evidence judge mcbride objected to it as not dot good evidence it was accepted by we the court mrs martha perkins te testified stifled I 1 W was at mr Cum cumberland berlands house when registrar morris called he said he would not register macum berland because the batters lat papers were signed by patrick lynch he said he had bad orders not to register anyone who had those papers to mcbride heard morris say that cumberland had been in polygamy I 1 did not hear all of the conversation the portion of the city ordinances relating to elections was offered in evidence mcbride said it was news to him that the city had any ordinance about the duties of registrars he thereupon objected to it the court reserved its decision till this afternoon when recorder H M wells testified to th ordinance being an authorized ton it was admitted in evidence J B R morris the registrar fled faedi 1 visited mr Cum cumberland berlands house he said he had bad never registered but wanted to do so he be stated elated his him ease ase and I 1 advised him to take legal counsel I 1 told him he auld come to my office after dec 23 1 I saw his papers col pa page had instructed me that I 1 was not to register those whose papers were signed by patrick lynch unless there was a further certificate from the clerk of the court I 1 had heard beard that many of bf patrick lynches papers were fraudulent and col coi page had called my at attention Lention particularly to this when mr cumberland came to ta my house I 1 refused to register him and told him to come to my office after dec 23 he came again and I 1 refused him at first I 1 registered people at my house but there was so much of it that I 1 refused to take anybody there I 1 did not refuse to register cumberland except till after dec 28 23 to rawlins if I 1 had stopped to register at my house bouse I 1 could not have made the house to house canvass I 1 only registered one man on the street I 1 hadt had no do instructions on that point I 1 did not dot refuse absolutely to register cumberland be I 1 told him I 1 would not register any one with papers like his I 1 also considered the fact of his haringe having been a polygamist I 1 presume he understood me to refuse absolutely to register him but as a fact I 1 did not I 1 understand the object a house to house canvass is to find all the voters I 1 apprehend that it is for the convenience of voters I 1 would not make a second visit to a house I 1 have refused to register persons I 1 did not find home but have made exceptions to the rule I 1 understand there will be but five days in the office registration by instruction of col page I 1 made the house to house canvass and as a rule refuse to register those I 1 did not find home col page did not tell me not to register people on the street or any place but at their houses I 1 did not do it because it would have taken time found but a small per cent of people at their homes when I 1 have not found voters at home I 1 have refused to register them when they called on me as a rule I 1 have refused to register any one except at home I 1 refused to tell mr pike of the peoples committee what blocks I 1 would visit say the next day I 1 have refused to designate in i n any way where or when I 1 would visit I 1 did not decline to give the information about when I 1 would visit the houses so as to have an excuse for not registering a certain elms class of people I 1 inton intended ded to leave all whom I 1 did not find home till the last week I 1 preferred to register beope I 1 did not know at home I 1 made a distinction between those I 1 knew and those I 1 did not know the instructions required us to get the residence the voter could tell me but I 1 did not know for myself if I 1 had been at a house and no one was home and the resident afterwards called on me I 1 refused to register him unless I 1 absolutely know knew him I 1 have stricken off over names and have added ome bome thing more than in the precinct george lambourne te testified stilled I 1 was at morris house when cumberland came and asked for tra tion and heard morris say he would have to wait till after dec 23 he said the commission would give one weeks notice of where the registration office would be this closed the cumberland case and that of john H back vs morris was called mr back testified I 1 have lived in the third precinct two years am a married man work at Z C M I 1 am a naturalized citizen am not now and never have been a polygamist I 1 applied to morris at his residence for registration there were three of us he took the te other two and refused to register me be called at my house bouse when I 1 was not home and I 1 told him of it to mcbride the made substantially the same statements 8 W R brown corroborated mr backs backas testimony ony about morris re austa to register him J B A morris testified to the same facts and said 1 I told him emphatically that I 1 wild register no one at my house to rawlins I 1 refused him because it was not at his house I 1 have registered people at their place of business mr rawlins have you put on names furnished furnish cd by mr clute mr morris morria 1 I have mr mcbride we object to that court let the objection be sustained the attorneys then proceeded with the argument mr rawlins opening speech occupied till the close of court and today mr merritt and judge mcbride spoke for the registrar mr rawlins closed for the complainant and the court took the matter under advisement |