| Show THE ALLEN CASE at 2 wednesday aug 27 the examination of W J allen alien charf d with perpetrating fraud in the fourth precinct at the school election was resumed A large number of witnesses from the eighteenth twentieth and twenty first wards weye were in attendance and the commissioner concluded to hold bold the inquiry in the third distinct court room J H moyle assisted by mr easton conducted the prosecution as before and colonel ferguson assisted by the defendants brother defended F 8 richards was the first witness ww called and testified I 1 am a registered voter in the fourth mu ward and voted at the school elee election tion held there on july 14 last I 1 voted for richard W young and george D james sabine I 1 voted at the school election hold held in the fourth municipal ward ou on july 14 last I 1 voted for richard W young and george D colonel ferguson how is it that you came here to testify do you come hero here voluntarily or have you been influenced mr babine I 1 came here because I 1 was summoned and I 1 testify voluntarily colonel ferguson has any one told you what to testify to mr sabine no sir colonel ferguson have you been instructed at any meeting mr sabine oh no nothing of that sort G M ottinger testified I 1 voted at the school election in the fourth municipal ward I 1 went there in the afternoon 11 and handed allen alien my ballot he put it partly in the box and I 1 watched hirn him because I 1 wanted to see my vote go in just then a man named williams whose vote had been challenged rushed up and pushed me away I 1 got back as quickly as possible and allen alien then had bad his hand band away from the box with a ballot in his hand I 1 thought it was mine and with the biml impression that my vote did not go in allen alien did not know me col ferguson the fact that he know you irritate you mr ottinger oh no I 1 know him either laughter W 0 phillips I 1 voted at the school clec election tion on july I 1 voted tor richard W young and G D I 1 gave allen alien my ballot and he put it part way in the box then he turned aroun around dand and got in front of me so that I 1 could not see whether my vote was in the box or in his pocket R G 0 savage I 1 voted in the school election in question for R W young and G U D I 1 did pot observe what became of my ballot a te george openshaw NA know whether I 1 voted at the school election in question or not but I 1 know that I 1 t tried ried to vote I 1 went to the poll and of offered flared my vote but was challenged I 1 took the oath and then my ballot was ivas thrown back to me then I 1 went to the other window thinking I 1 had been at the wrong place the judges at the second pc pell I 1 I 1 sent me back to the fi first rat poll and when I 1 got there they told me it was all right I 1 bad voted colonel Fei ferguson guson did you keep sight of the ballot all the time mr openshaw I 1 did james sabine jr I 1 voted for R W young and 0 D at the school election in question when I 1 handed my ballot to mr allen alien who squeezed it to ascertain I 1 suppose what ticket it was I 1 dont know whether it went into the box or of not elijah elah sells the utah commission issued an order some time ago requesting the judges of election to return the registry lists to them mr moyle I 1 ask you now for the registry list of poll 2 of the second precinct used at this election colonel sells I 1 haven it got it and cant find it it has not been returned to the commission I 1 looked in the ballot box but it was not there the last we w e knew of it it was in the possession of the judges mr moyle said the prosecution had done what they could to find out where this registry list was and he now asked for an order requiring the defendant to produce it jol ferguson well we got it dont know where it is or anything about it george romney jr te stifled I 1 voted for R W young and G D at the election in question the defendant received my ballot he held another ballot in his bis hand I 1 dant d ant watch him closely and don dont donit it know whether my vote went in or not Jes jesse J murphy 1 I voted for B R W young and G D at the election in question orson T rogers I 1 voted at the school election for you young dg and the defendant took my ballot and after searching toward the box got ot around so that I 1 could not see cie his hand balad for a moment and I 1 saw a ballot drop into the box to col ferguson the defendant wore a drab colored coat hyrum hy rum smith 1 voted for young aej at the election in question allen alien took my ballot and then got in front of me so that I 1 could not see what became of my ballot jas M 1 voted for young and at the election in jues question I 1 dont know what became of my ballot because I 1 could not see the window was a little catch pen ny affair and was not large enough for a voter to see what was being done dodo inside james shore I 1 voted for williams and lippman at the election in question john muir I 1 voted for young and at the school election the de defendant took my ballot and he held it fur for half a minute after the judges said it was gall all right 21 2 1 he had bad the ballot in h his a hand walt wait ing for me t to go apparently but I 1 atiL stayed and he dropped the ballot thomas W muir sr I 1 voted a the election for young and I 1 gave gate allen alien my vote and then he commenced asking me a lot of questions he slipped oft off and put a ballot in in the box and came back and said I 1 had voted to colonel ferguson 1 I came here from scotland and wa naturalized before judge titus in this city D L murdock I 1 believe I 1 was the first person on the ground on the day of election I 1 was a judge at one of the polls when mr alle alien i rk came up he acted in a very strange manner danner he insisted in changing the old way of voting the old way made everything free and fair at his poll 11 he voted the voters through a little wi window lidow an and d pu put t the ballot box up so that it would be difficult for the voter to see what became of the ballot I 1 do not know that allen alien interfered with any ballot because I 1 did not wait to see the following persons persona testified 4 briefly that they voted for young and at the election in question G U F B wells thos thoa W sloan T 0 webber james sharp M A roundy john sheriff heber J romney thomas webb H M wells charles J ross boss J D spencer G E romney rulon S wells joseph openshaw joseph doseph W maynes P T Ny strona james baville Sa vilie W S bodney heber young F W simmons D W owes owen james squires W S owen joseph 6 williams thomas mcintyre thomas F manning JS J S wells frank D taylor T N olsen george D david nielson joseph M romney robert B williams nephi Y scofield john D owen orven louis B R wells alexande Alexand alexanddr dH pringle henry walter W williams wm M ot tanger wm M mccullough mcculough ira Eains salisbury bury thomas john I 1 N lie bolson jr william 0 patrick thomas muir P pratt albert L paul william D owen charles J reynolds john mccullough mr moyle said that although a great number of witnesses had been t examined there were quite a number who had been served but were not present A few were out of town and two efthem of them were sick he would therefore wk ask to have a continuance ti nuance the examination was then teen continued until friday aug at 2 p m the examination of W J allen alien who is charged with stuffing th the ballot box with liberal Libera Vl votes ae at the school election held in the fourth precinct on july 14 was resumed before C t missioner commissioner om greenman friday august 29 As before J H moyle assisted by mr easton eon conducted ducted the prosecution while colonel ferguson assisted by allens brother defended fred kesler keeler was called and testified that he was the registration officer for the fourth precinct and after the school election in ques u betook retook charge of the reg registrants regi istra list he had kept it ever since mr r kesler kealer failed to eipl in how it was that he took possession of the list in violation of the order of the utah commission he had the missing list with him and produced it H F ball the Libe liberal raW judge of election who served with the de fondant at the school election fled he be saw nothing suspicious in allens conduct at the election allen alien might have flim film clammed without him noticing it A J sr testified that at the election in question he voted for K R W young and george D when he handed his ticket to allen alien he be crumpled it up in his hand band with the intention the wit now bess believe dof fl finding out whether z it was a liberali liberal or peoples peopled ballot joseph W bands testified that he voted at the election in question but he refused to state whom he be voted for george white testified that he voted at the school election but the window was so high that he see whether his ballot was deposited or not josiah saville william timms henry robinson thos Mul bolland and james mchenry testified that they voted for the peoples peopled candidates but were unable to seethe see the ballot box M a S woolley testified I 1 acted a one of the judges of election at the same poll with the def jdant when he came in the morning allen alien arranged to have the voting done through a window I 1 opposed but he carried his point before the polls were opened mr ball folded a lot of liberal ballots and placed them in envelopes these ballots were placed on the table by the ballot boxes and during the day I 1 observed serveul that he frequently handled these tickets Wn whenever enever he went out for a moment he placed a book over the ballot box and no tickets were placed in the box except by him I 1 was notified in the morning to look out for crooked work but u t my time was so taken up that I 1 could not watch allen alien much of the time secretary sells was called and produced the tally sheet for poll 2 of the fourth precinct for the school election in question it showed the vote was as follows williams young the following 1 persons all testified that at the election in question they voted for young and W F nelen ne len john H sanger john sharp jr T R D watson F 0 webb joseph V smith G H snell evan morgan C A F or ob B S W wilson i ison T F thomas j jr r W and J tuddenham J F smith EH E H pierce W J miles J M scott W A rogers james M michelson thos moss wm wat sansom 3 P olson A J oliver WR pickering john starley J john oh n shephard william steers thomas thomas robert rockett W C squires george openshaw jr J G westwood S li Mul bollen john mayberry W S B W same buty bury F B R snow F H woodmansee H C wallace george white A R wright james W wright alex winward robert rober j patrick A pratt C L rogers W 0 ridges S P J J toronto peter M robinson john Opens openshaw baw H T mcewan J one witness named thornburg testified that he was not a mormon but had voted the peoples peopled ticket he banded his bis ballot to alien ien who took it in his left hand while holding another ballot in his right hand witness turned his eyes in another diree direction tion for an instant and then saw allen alien deposit in the box the ballot be had in his right hand band witness afterwards went to 0 W powers and B R D winters and told them that his ballot was not put in the box mr moyle stated that several witnesses who had been subpoenaed had failed to appear and he therefore asked that the examination be continued until aug 30 at 10 and that attachments be issued for foi the witnesses the request was granted and the court then adjourned jour ned at about half past ten saturday august the case was resumed the prosecution placed a number of witnesses on the stand who testified that they voted the peoples peopled ticket the cross examina tion was confined to making asking each witness if he examined his ballot before voting it was proven that there were ballots in the box and only names on the poll list one name on the latter that of george openshaw was marked voted whereas he did not vote thus there were four more ballots in the ballot box than the poll list showed had been cast the prosecution rested and mr ferguson filed a motion to dismiss the complaint on the ground that the prosecution bad failed to make out a case the motion was argued at considerable length mr moyle making an excellent speech in opposition to it it was overrule daud the introduction of evidence for the d defense efe e w was as begun H 8 mccallum was the first witness he testified to having visited the poll at which the defendant officiated as an election judge that there were six or seven peoples peopled party voters in the room where the election judges and challengers were that axy they stood around the table upon which was the ballot box and were there in violation of the rule established by the utah commission the witness described in detail the in interior of the room etc but no fact of any importance bearing on the case was elicited on the direct examination cross examined egami ned I 1 knew allen alien in leadville he was a policeman there several years he was not prosecuted in leadville or denver to my knowledge for any election fraud he has been in this city about a year has been tending bar don dont donit it know of his having engaged in dealing cards in three precincts piles of ballots lay on the table beside the ballot box the election judges would band out ballots to voters prior to the day of election a liberal ticket was sent to each peoples party voter but no liberal tickets were sent to liberal voters until the day of election at the close of mccolums Calums Mc testimony at the request of mr ferguson the case was continued until 2 p m tuesday september 2nd and |
