Show MORE ABOUT THE ALLEN CASE we offered a few comments upon the verdict of acquittal in the case of awn the alleged ballot box stuffer we were in hops that that our observations woul be excepted to by 4 liberal journalistic advocates of political rottenness there to is however this morning a discreet hence afi on the subject yesterday the morning and chief apologist for liberal 1 1 flim I remarked in relation to allen alien that he now stood legal ly innocent this assertion will provoke no dispute the journal in which this nothing lom appeared was waa careful to make no statement to the effect that the bartending bar tending ex foot rac ing alias appropriating liberal cat judge of election was innocent in foot fact just now it seems appropriate to revive a scrap of history of the recent past in connection with this case in september last the conduct of allen alien in his capacity of election judge at poll number 2 fourth precinct resulted in a contest on the basis of fraud the mr B R W young contended that he was entitled to the office which was given on the evidence appearing on the face of the returns to mr P L williams he held that allen alien had changed votes out for him to the number of about twenty and placed liberal ballots in the box in their stead the latter being counted for mr williams mr Thorr iberg and mcblair Mr Blair both testified to having seen allen alien make the fraudulent changes the case was tried before judge C S zane who decided that the fraud had been perpetrated pet rated and consequently that mr young was entitled to the seat mat on the board of school trustees tor for salt lake city the reasoning of chief justice zane when he rendered the decision makes in view of the acquittal of A ahk on wednesday april 8 by a jury composed entirely of liberals Libera lell interesting reading we quote the evidence further shows beyond any controversy that there was a package of tickets near the ballot box and that they were within reach of mr allen alien the judge and it shows quite that there were tickets folded and in some of the envelopes at least A number of persons testify that during daring the day at different times allen alien was seen with one of these tickets in his hand or tickets that he had not received from voters it also appears that he was seated on a high seat mat near the window that the voters came to the window and deil delivered vered to him their ballots and nd that he took them and it was his duty t to put theis in the box one of ofir the other judges mr ball states that he was checker and that he held a list of voters and checked off as they voted and mr woolley wrote the name down on a sheet their attention of course was occupied mr blair testifies that saw of those ballots on the table that were near the box got on the floor he opened one and found it was a liberal ticket and mr williams name was on it it appears from the evidence in this case that about a week or ten days before the election occurred it is shown from the testimony of mr kesler the registrar mr McCaU mccallum um who was the chairman of the liberal committee came to him keeler kealer and told him that mr rG greenman reen was not going to serve as a judge of election he seems to have been considered presiding judge the votes he told mr kesler kegler that he wanted him to swear in mr allen alien as he was a suitable man mr kesler kegler agreed if mr greenman was not there to swear mr allen alien in mr greenman did not appear on the election morning but mr allen alien did and he was sworn in and acted as presiding judge receiving the votes it appears from mr allens aliens own account of himself that he has at different times gone under different names he seems to have been unsettled he says he was a footracer foot racer and that his object in changing his name was for professional reasons he gives that as an excuse for changing his name at various places it seems that he came here last december and brought his family with him since then he has been tending bar in a saloon which he mentions mr greenman states that mr me mc ballum spoke to him about acting as judge of election a day or two before the lection election and suggested to him that he had better stay in his office that it might become necessary to make arrests and issue warrants on election day under these circumstances this mr allen alien was sworn in and acted he appears tp pears before the court under very suspicious auspicious the evidence places mr mccallum also under very suspicious circumstances it is to be regretted that any party should be beso so damaged in reputation as it seems to have been by this action 0 of alien allcon there is no evidence here that meta the slightest suspicion upon any candidate or upon any other judge of of election than allen alien nor upon the challengers challenger 4 or checkers nor upon any other person so far as I 1 have been able to discover except mr allen alien and mr mccallum 0 but when these circumstances re considered with the others they seem to give force to the effect of the statements of blair and and those of the voters who testified they handed their votes for young to the judge and they berlt elgOt found in the box when the returns were taken into as count they would have been just as they are probably if the statements of blair and the other witnesses were true when all this evidence is considered candidly and fairly in the light of all the circumstances which surround the case and the action of allen alien I 1 am of the opinion that the weight of evidence is 0 clearly against him and that these votes at least these three cannot be counted for william they ought to be counted for mr young if they were wrongfully left out ot of the ballot box in a government which rests on the w will of the people the people should see that that will is expressed that it shall not rest upon deception and frand nor upon the action of a rascal and a wretch who attempts attempt 8 to overthrow the expression of the peoples people 18 will and thereby commits a crime akin to trea a government which protects protect 8 him the judgement jud gement of this court is in that mr young was waa elected to this office and that mr williams was not 1 I wish to call the attention his honor without finishing the sentence added 1 I will have thy grand jury brought in at 2 and will say my what more I 1 have to say then upon the re assembling of the court at 2 p in the grand jury having taken their seats mats judge zane addressed them in the following terms gentlemen of the grand jury I 1 wish to ask your attention to a charge against one william J allen alien who acted as fi judge dge at the second poll poh in the fourth municipal ward at the school election held on the day of july last the charge if true is that he received certain votes and did not put them in the ballot box afterwards though he took other votes and put them ing in thereby committing a fraud it is this charge that I 1 ask aak your attention to and I 1 charge go you u that 1 1 it is your duty to investigate it thoroughly r 1 y there are circumstances and facts facto also which have come to my knowledge that seem to implicate one mccallum mcCaU um his first name I 1 do not now nov remember it is your duty to investigate his conduct also the statutes of the territory passed for protecting voters and for purposes of securing a fair expression of the voice of the people on matters upon which they are asked to vote of securing honest elections provide that every officer or judge at an election who withholds changes or destroys any ballot papers or fraudulently places any ballots in the ballot boxes or takes any I 1 or aids or attempts to aid in such acts is in guilty of a crime and liable to be confined in the penitentiary for a term of not less than two nor more than seven years another section of the statutes provides that any one who wilfully aids or abets abeta in the commission of any of the aforesaid offenses shall be liable to imprisonment so that if you after a full and fair investigation vesti ga gation tion of f all 1 the e eat evidence ence find that in your our opinion there is sufficient ground fo for bellying givinn that a conviction may be had th that at an indictment should be found that a trial before the petit jury should take place then it is in your duty to indict these laws ai as I 1 said were passed for the purpose of protecting the voter to allow of a fair expression of the will of the people and to prevent fraud of a cha character racer such as is in charged the evidence produced at the civil sult suit and which drew forth the forego ing clear elear just and forcible statements from chief justice zane was similar to that given at the trial which ended on wednesday with the exception that at the latter the testimony of mr winters was added there can be no question as to which of the two conclusions from the same mine premises war wan right judge zanes expressions breathed the spirit of a patriot and a despiser despiler despi of criminal trickery while his decision was that of a conscientious and capable jurist inspired by a high purpose to preserve the institutions of the country from the invasions of political hucksters |