Show THE ELECTION CONTEST the lection election contest of C E allen alien vs fergus ferguson for bounty county clerk was being heard beard before juige judge anderson andersen november eth arthur brown esq eq and joseph L rawlins RAw linB esq are attorneys for the plain tiffand judge loofborough borough appears for the defendant MOTION TO DISMISS in the third district court of utah in and for the third judicial district fergus ferguson plaintiff vs 0 afi N allen alien d defendant 8 rena ast 0 comes 0 mes now the defendant and moves the courato court to dismiss the cause for want of Juris juristic dic ion in the court to hear bear or deter mm min the same 0 T loofborough LOOP BOROUGH attorney tor for defendant the motion was overruled overrule d the defense then moved for a continuation of the trial but the motton motion was overruled the following document was then filed in the third district court of the territory of utah in and for the third judicial Judici 1 district per fer j us ferguson vs clarence E aven aien comes now the defendant clarence I 1 allen ajlen and shows to the court of the sev era eral of contests set out I 1 in the P plaintiffs 1 al stiffs statements or co complaint empl aint that that i he first i i r 0 t and third of said grounds to go to the question or the validity of the election in said complaint referred to and if true and sufficient causes of contest could on y have the effect of securing said election to be set and declared invalid while the other causes of contest to wit the second fourth and fifth and the relief prayed in said complaint in effect confirm the validity of said election and seeks to secure the benefits thereof to the contestant and the defendant moves the court that said olain plaintiff tiff and contestant cou be required to elect upon which of said two inconsistent and repugnant lines of contest he will wili stand on and the other be dismissed 0 F attorney for plaintiff the following witnesses were then examined and subjected to severe cross examination by counsel jacob H tipton hos hns hansen benjamin wright richard howe boswel bradford H N bird M H atwood martin williamson taboo risley and a number of others each testified that they were native born or naturalized citizens of the united states had lived at south cottonwood from five to thirty years none of them had committed infractions infract iona of the edmunds law all had voted at regular elections for many years witnesses testified that they were all registered for the county election of august last and that they attempted to vote in their own precinct only on the fourth day of that mouth month it was generally believed and was true that they intended to vote the straight peoples peopled and Working mens ticket for this reason they believed they were not allowed by the judges of election to cast their ballots an affidavit was then offe offered redby by each of them and another attempt made to vote but with the same result as at first brat witnesses then wrote their names upon the back of their respective tickets and they were given to the justice of the peace of that precinct in whose possession they have been since that time each witness recognized his hie ticket by the signature placed up on it the alten allen ferguson election contest case was resumed before judge anderson november ath benjamin wright of south cetton cottonwood ton wood was recalled he testified flud hat he was acquainted with H G bradford of south cottonwood that he was a citizen of the united states a resident and a registered voter at that place and that the attempt to vote by mr bradford was pr prevented vented by the judges of election S testified I 1 am a resident of south cottonwood and have been for many years am a natu naturalized ral citizens of the united states was registered for the last august i lection election my ballot was a straight peoples peopled and Working mens ticket I 1 tendered my ballot at the polls but was refused the right to vote I 1 also offered an affidavit which was also rejected secretary sells te testified stifled he produced the elee election tiou returns ot of poll number three of bingham precinct also the returns of the third poll of the second precinct of salt lake city the votes cast in poll 3 8 bingham precinct were 39 for allen alien I 1 for ferguson and one blank ballot the bobof box of the poll mentioned was opened and the votes found to be as stated the examination of the bingham witnesses was then resumed mr beaver one of the judges of election of poll number three testified I 1 recognize the register and poll lists by my signature on the back mr brown who marked the word voted opposite the name nama of f those these who voted witness mr scott one of the judges of election mr brown are you acquainted with A holbrook of bingham witness have known him slightly for three or four years mr brown who voted in the name of mr holbrook witness A stranger I 1 believe he is a prospector pio by profession mr brown why did you allow him to vote when he be was not the man whose name was on the list witness he represented himself hina self as mr holbrook and I 1 had bad no right to contradict him mr brown so you let him vote did you witness yes sir air mr brown did a man by the name of B R hunter vote at the polls of the precinct where you were judge on the fourth of august witness he did mr brown you are acquainted acquaint eu with him are you not witness slightly mr brown well who was the man who personated persona ted the name of mr hunter witness A stranger personally to me die mr brown are you acquainted with W C allen alien of bigham witness I 1 know a little of him mr brown who voted hit name witness A stranger personally to me mr brown and you object witness no sir air mr brown why you witness because he said his name was allen alien mr brown do you know a man named H D jones of bingham whose name is the eighth one on the registration list witness I 1 used to mr brown who voted for him witness sarcastically why H D jones jodes mr brown was it the H A jones that you used to know witness no sir air mr brown who was it then witness A stranger personally tome to me mr brown you are also acquainted quain ted with a john 0 jones of bingham are you not witness I 1 was a little mr brown who voted his name witness confusedly why john 0 jones mr brown are you sure that this was the real john 0 jones did you know him witness no sir air he was a stran atran ger personally to me I 1 used to know him a long time ago but did not know him then mr brown did yu you know wm pierce witness no sir air mr brown who his name witness W E long a stranger personally tome to me mr brown I 1 see that W E long seventeenth on the voting list voted do you know him witness no sir air mr brown dont you know that mr long is a druggist and has lived in this city for a year past but went to bingham to vote at the election in question witness no sir air mr brauwn who voted mr longs name witness A stranger to me personally so mr irown brown Is it not a fact mr beaver that this man whom you persist in calling a stranger to you personally cast all of the thirteen votes that we intend to prove to be illegal witness no sir air I 1 mcarty charles burnett jos joe fryer pat bessay B R P dayton and a number of other names thirteen in all were read to him by mr brown which were familiar millar fa to the witness and others not mr brown were ware you not paid 26 on or about election day or two dollars for each illegal vote witness no sir air I 1 only received half of that and it was for canvassing horace D jones te testified stifled I 1 was absent from bingham forth for three ree years prior ri 0 r to august ath of this year never ever knew a man by the same name had there been one I 1 should have known it joseph pryer fryer testified he had lived in bingham but ho hd not done so for five fl ve months prior to the election of lat last august he was in eureka on election day and did nut not return return to bingham until after election did not know any person of the same name pat pheland a merchant testified li vein ve in bingham Bing bam have done so for several years I 1 know W 0 hall W J nolan jhu ahu 0 jones H D jo jones ties W E long F D jerome chas burnett jos fryer pat merick B R P dayton and B R P norton they are miners do not dot think any of them had lived in bingham for some time previous to august ath and do not think they were there on that date they had previously lived in bingham bui bm had moved away A holbrook testified I was absent from bingham for seven years prior to august 4 of the present year W J nolan testified that six years ago he lived in bingham was a registered voter at that time but not since did not know anyone at bingham by the same name barney quinn testified I 1 have lived in bingham for several years was postmaster Poet mastor at that place for four years I 1 do not think chas burnett R hunter N C U allen alien W J nolan or in fact any of the 13 were there on august ab I 1 think I 1 should have known it had bad I 1 they been there had a talk with mr beaver the saturday before election and told him he had better be careful not to transgress the election laws of the territory or he might got get into the penitentiary mr brown what led to this conversation judge loofborough loof borough we object the court he may answer Witia witness ese well he had been taking whisky tobacco and cigars to the boys at the brooklyn mine at two nov ath the taking of testimony was resumed and mr drw W W goorich who acted 68 as une one of the judges with mr beaver testified as to unknown parties voting I 1 ng the names of the men heretofore mentioned the testimony of the two judges was fearfully and wonderfully damaging to themselves one by one the men who had had been personated persona ted were put on the witness stand and te testified stilled that they were absent from binghom on the fourth of august last this testimony confirmed what had bad been said on the witness stand by barney irwin irwia who had been postmaster at bingham and pat pheland who is now a merchant at that place albert fryer who had bad been per sona ted testified I 1 was not in bingham in august last at that time I 1 resided in alta and voted there W C borlund Bo whose vote had been counted in bingham said I 1 have been in the employ of the rio grande western for two years and was not out of this city during the summer months month 8 mr beaver the election judge of poll 11 number three was recalled but ya failed oiled to respond it was discovered disco vered that he had suddenly left the court room search was instituted but he could not be found about the building I 1 ng the fact that he had so unceremoniously u a vanished excited suspicion and a deputy marshal was dispatched to hunt for him the officer had bad been absent about an hour when he returned with the witness having accidentally met the latter on the street questioned by the court as to why he had left without permission witness replied that he be did not dot know it was necessary for him to remain after having been excused from the wit new ness stand the court are you not aware mr beaver that when your fees were paid you that your services were due the court for that amount witness I 1 thought you were done with me the court reprovingly you are required to be in attendance until you are notified that you are discharged where were you and what did you intend doing witness I 1 was going to a fu funeral deml and was not a block away any of the time the court what you say way may be true but in my opinion you should be fined addressing counsel for complainant what is the customary fine under such circumstances mr brown usually the witness fees are forfeited or witness is corn com polled to defray the expense in hunting g him up either one or both of these fines may be imposed the court this matter is serious if nothing more the witness has been guilty of infringing upon valuable time of the court and he be will be required to forfeit his fees and pay the expense incurred in bringing ing him back and stand committed until both of such fines are paid this witness was recalled to the stand and subjected to severe re ex mr brown when you were on the stand this morning I 1 enquired if you were acquainted with a man named pat kessack and you replied that you were not I 1 now ask you do you know a man by the name of pat merrick witness hesitatingly yes sir air mr brown I 1 have good reason to believe them to be one and the same person and I 1 want to know if the man merrick that you know voted in the narue name of pat merrick witness no sir air it was a man main that represented himself as pat merrick a stranger personally to me M brown sternly there seems to be a good many strangers personally to you who voted for men that you vou once knew but temporarily bad forgotten witness cross examined by judge mr beaver do you not think it probable as well as ad possible that there was more than one man for each name that is to say two men bearing the tiame name for each of the thirteen dl disputed buted ballots witness witness I 1 think so it was here shown that there was one vote cast for fred ferguson at the poll at which mr beaver was election judge the ballot was produced and mike duggan testified I 1 can identify the ballot in question because I 1 wrote the name of fred upon it I 1 did so because mr ferguson first name was dimly printed and not being personally acquainted with the gentleman but wishing to vote for him I 1 enquired what his name was and was told it was fred and I 1 therefore wrote that name witness here identified his ballot and it was offered as evidence that it should have been counted for plain tiff mr brown did you hab hibb any conversation with mr beaver on or after election day judge loofborough we object on ane ground that the question is irrelevant and leading the court tt it see ms to be a proper question and necessary to bring out certain evidence the witness may answer witness I 1 did but it was nearly a month after james W skinner testified I 1 was one of the election judges at poll 3 second precinct this city at the close of the election I 1 sealed the returns and delivered them in person to the utah commission the rhe returns were here identified by witness It ness and ou on mr br bowns wu s request the ballots were counted ferguson losing a vote originally the count stood allen alien cerp son 77 the result is now allen alien ferguson 76 mr brown we must gain what we have lost at least and ask for the returns of bluff dale precinct they were produced in evidence and showed that there had been one vote cast that had bad not been counted to any one but bad been marked ind in the returns mr brown said it was their intention to show that this vote should have been counted for ferguson by order aider ot the court the bluff dale ballots were counted and showed sixteen for ferguson and three for allen alien originally but fifteen votes had been counted for ferguson at the conclusion of the bluff Da dale count lecount the court adjourned the case was resumed november ath mr scott was recalled and testified I 1 was appointed judge of election by max beaver he was not a justice of the peace but he administered the oath to me on the morning I 1 ng of election before any votes had bad been cast Icam I 1 came efrom from kentucky had resided in bingham about five months previous to the election of august last judge loofborough asked permission of the court to enter a counter contest on the ground that illegal votes had been cast and counted fur for plaintiff mr rawlins Baw lins made an incisive argument against the granting of this request and cited the laws of california regarding election contests of which the laws of this territory are on that subject an exact counterpart judge loofborough responded to mr rawlins Raw lioa the court took the matter under advisement A process was taken |