| Show THE ALLEN CASE ou on september 2nd and the examination of W J allen alien charged with fraud at the school election in the fourth precinct was resumed before commissioner greenman the defence called C A krigbaum and fred kesler who stated that they visited the polling place where the defendant was acting as presiding judge at the school elec election tiou on july 14 and saw nothing suspicious in bis big conduct J P bache said he visited the poll several so oral times during the day and his attention was directed particularly ticul arly to allen alien byasse bY ause be was a new judge he saw nothing peculiar or unusual in allen aliened as conduct and dm not believe he did anything fraudulent john M oreilly OJ Beilly te testified stifled I 1 am a police officer of this city and on the day of this election I 1 was OU on duty at the polling place in the fourth municipal ward from early in the morning until 2 pm I 1 saw nothing at all peculiar in allens aliens conduct during the time I 1 was as there and heard beard no complaints as to the way he discharged his duties police sergeant Ber geant curran testified I 1 was on f duty I 1 uty in the fourth muni cipal ward polling place lace on the day of this election I 1 remained there from 6 am until 2 pm and saw allen alien from time to time I 1 saw E nothing notting peculiar in his conduct and thought that his arrangement of P the ballot box was perfect fc mr moyle could a short man g see the ballot box the witness yes every voter could see his ballot deposited mr moyle if forty witnesses should swear that they could not see the box it would make no difference the witness they could all see the box bok charles M bell te testified stifled I 1 was on the ground on the day of this election in the interests of the liberals I 1 was one hundred feet away from the polling place and during the day walked up to the polling place a dozen times I 1 saw n thing peculiar in the actions of the defendant fen dant P F S griswold grid wold testified I 1 acted as aa allenger cn for the liberal party at the poll where mr allen alien presided I 1 saw nothing im improper propeL or noteworthy in mr ar allens aliens conduct the ballot box was placed so that all voters could see it I 1 observed that the method of von conducting ducting the election was the same as aa that used in colorado C J geddy I 1 was present at the election in question I 1 eisaw saw nothing I 1 u unusual unusual in mr alleys allens conduct I 1 mr moyle did any one vote while you were there the witness no the defendant was then called and testified I 1 have heard beard several T witnesses testify that when they s came up to vote I 1 held ballots in my hand after we had arranged the r window I 1 placed the ballot box on the table and then someone ga gaebe ae me I 1 a lot of tickets to hand out to voters and I 1 did so I 1 did not change any ticket given me by a voter for an other nor did I 1 indulge in any passes over the ballot box every man who gave me his ticket and was entitled to vote did vote I 1 remember that a man named openshaw came to the window to vote and that there was some trouble about his voting I 1 dont remember whether he got to vote or not hut but I 1 did not throw his ticket back to him I 1 did not in any way interfere with the right light of any one to vote after the polls closed I 1 opened the box aud and the ballots were counted and found to be correct to mr moyle I 1 came from illnois illinois originally my name Is W J if allen alien mr moyle were you ever known by any other name the witness only when I 1 was running foot races mr moyle what was that name the witness oh got nothing to do with this case mr moyle I 1 insist upon an answer the witness I 1 refuse to answer the court I 1 suppose the question may be answered it make any difference colonel ferguson 1 him all a about bout it the witness well went under Jiff different erent names mr moyle what names the witness well I 1 have said I 1 went under different names enough for you mr moyle where were you born the witness in freeport illi I 1 hi nois I 1 went to chicago with my mother when quite young and remained there seven years I 1 never lid settle down until I 1 went tu denver about 1877 when I 1 went to leadville I 1 tended bar and afterward went on the police force fur for volice three years then 1 went to mining at aspen two years ago I 1 went on the police force in denver the ne last four races I 1 ran were at leadville about three years ago I 1 was a professional racer and a member of the bates club of denver but have retired mr moyle what name did you go by in that organization the witness 1 dont think got anything to do with this case I 1 say mr moyle I 1 demand an the witness I 1 cant remember all the names I 1 used I 1 cant swear positively mr moyle do you decline because you cannot remember the witness yes mr moyle well did you have anything to do with elections in denver the witness 1 I was stationed 1 in 11 t the he eighteenth denver precinct at the municipal election iu in 1888 charley rhomas created a disturbance and I 1 arrested him while taking thomas to the patrol box I 1 met lieutenant Conti connor or and ak ab thomas was a big lawyer he let him igo go the next day thomas had me arrested on a charge of assault and adu battery and after the trial I 1 was discharged and he be was fined mr moyle you gamble at lead leadville ville the witness I 1 never turned a card for money in my life since coming C to this city I 1 have been tending bar mr moyle can you explain how it was that votes were cast for young and williams while only votes were recorded the witness I 1 know nothing about that Col chlotiel otiel ferguson all and we rest I 1 dont think any argument is necessary mr moyle said he thought the prosecution had made out a very strong cue case the fact that a hundred witnesses had testified fiad that they saw nothing improper in allens aliens conduct at the election d did id not CU cut t any figure because it was negative evidence the evidence of thornburg openshaw ottinger and many others proved that allens conduct certainly was unusual one hundred and forty three men had sworn that they voted for mr young and yet there were but votes for him in the ballot box he was satisfied that the facts showed that a serious of ferge had been committed nd that the defendant was the only person who could have committed it counsel for allen alien had not attempted to discuss the evidence in the seand ca caseano had bad spent his bis time in abusing the prosecutor and talking about things that were not in evidence commissioner greenman I 1 would like to have a little time to render a decision in the matter so I 1 may give my reasons for it I 1 will render my decision in the mr arning morning ning the evidence adduced at this examination which has occupied several days presents a strange state of facts on the tally sheets P L williams the liberal candidate for school trustee is credited with votes while mr young is credited with in the examination witnesses have testified that they voted for mr young but the tally sheets show a total of votes cast while only persons are recorded as aa having voted orji september ad commissioner greenman handed down the following written opinion we have haden hadn this case the evidence of witnesses most of whom testified simply that they voted for certain candidates for offices while some five fi ve or six witnesses gave evidence of what they deemed to be irregularity in the manner of receiving and depositing ballots by the defendant at the election july 14 for school trustees A large majority of atthe the witnesses when questioned admitted that their ballots were received aud and deposited all right they mw nothing wrong while the few who noticed what they term something out gut of the usual order of business admit that while they noticed those strange things they did not remon strate strafe or say anything about it much has been said about the evidence of mr Tb who testified that he be is a native born citizen of the united states slates that he be noticed peculiar motions and actions of the defendant in handling and depositing his ballot or some other ballot yet made de no remonstrance or said any aay thing ving about it and the fact did not seem to dawn on his mind until afterwards ter wards he got to thinking about it and came to this conclusion that something was wrong the same is true of all the witnesses who testified that there was strange at over which he presided Ai although though they were citizens whose duty it is to sacredly guard the privacy of the ballot and to expose correct and immediately take steps to deter and prevent any violations of law or fairness in the conduct of the balloting they closed their mouths and allowed what they deemed wrongs and strange actions to be perpetrated and did not find fault or remonstrate A citizen who stands by and sees or notices anything savoring of fraud or irregularity to in the conduct of an election and does not immediately call attention to the fact is not deserving of the elective franchise and his bis after assertion in relation to such facts should be viewed with suspicion although pointing n t ad g toward discrepancy cre pancy and i irregularity rr e g in the cork conduct duct of the election at poll no 2 fourth precinct brer at the july election the evidence does not disclose the fact that the defendant done anything wrong at least sufficient to support the charge made against him and in view of the fact that among all the judges judg eg chai challengers lengers checkers and onlookers none deemed that anything was transpiring to warrant any remonstrance or interference n ter ference seems conclusive evi ev deuce that there were no illegal or overt violations of law on the part of defendant and if there was any miscount or if the tally lists and the number of votes cast did not agree all the judges at that poll were careless and should be corrected but unless it can be shown that the same was done or omitted with intent to defraud or subvert the will of the peo el plea criminal action will not lie M but t can be determined by civil action on the part of the contestant for office after giving the arlest scope to the evidence of the people and carefully noting all the facts my impression Is ia that the evidence will not warrant holding to the grand jury and the defendant is discharged |
