Show TRIAL OF W J ALLEN the case of W J allen alien the famous foot racer ex pugilist bir bartender tender al lebed ballot box stuffer and all round sport of many called up before judge anderson shortly before noon monday april ath assistant united states prosecuting attorney varian appeared for the e and judge powers and attorney ickson for the defendant allen alien is accused in the indictment of the crime of felony alleged to have been committed on the day of july 1890 while acting as presiding judge at poll no 2 in the fourth election precinct at ac the salt lake city school election by fraudulently feloniously and unlawfully introducing a certain number of false and illegal votes into the ballot box the following lowing fal jurors were sworn examined and accepted joh jhn n purcell erastus J J daly M N hodgman Hod gnan J A heiss A J pendleton jr john 0 mitchell J C murphy H P johnson solomon S dickinson Dicki naon louis martin other jurors were challenged and excused for having formed an aa unqualified opinion as to the guilt or innocence of the defendant and for various other pretexts which in the opinion of the counsel for either side were sufficient grounds for disqualification the list of the names of the jurors present bad now been exhausted and an adjournment was taken until 2 when the work of choosing another juror there being only one more required was proceeded with considerable difficulty was experienced perien ced in securing a jury in the allen alien caw case and it waa after 4 when the twelve were fl nally finally accepted they are as follow a S dickenson J C murphy N hoogoian Hodg erastus swenson Swe naon J A heiss heim A J pendleton jr louls louie martin J N purdell J J daly J C mitchell H P johnson job neon and john hell the defense admitted that allen alien was the duly qualified and acting judge of election at the fourth precinct on the day named and the prosecution opened by calling judge hoge who testified that he was wae a judge of election at poll I 1 fourth precinct during the election in question but did not go into the room where allen alien was offic officiating lating and knew nothing about his conduct there captain greenman said he was appointed to act as presiding judge at the fourth precinct for the school election held in july last but sent in his resignation before the election was held H X 8 mccallum 1 I was chairman of the liberal PY county committee in july last and recommended all the judges of election for appoint appointment men t george E blair said he was acting as checker in poll 2 in the fourth precinct at the election in question in the morning he be examined the ballots of the two parties and found that there was quite a dJ difference fforence between them when the envelopes were held up to the light continued the witness I 1 was able to distinguish the peoples People Ps ticket from the liberal in the morning I 1 saw mr come to the window and ud offer his ballot mr griswold challenged his vote and allen alien laid balsys Pal ballot by some on the table able when the challenge was overruled allen alien picket up another ticket and put it in the box from its appearance I 1 think it was a liberal ticket that he deposited I 1 saw allen alien make similar substitutions in two other instances I 1 called mr jacobs attention to the matter he being the challenger for the peoples peopled part N I 1 cannot say that there were more than six challenges exercised by the liberals at this poll while I 1 was there attorney dickson crow cross examined the witness at considerable length and the court then adjourned the trial was resumed before judge anderson andersen at ten april ath there being quite a large lare number of persons present the defendant was seated near his counsel judge powers and attorney dickson and appeared to be much interested in what went wenton on if he e now and then indulged in a smile of satisfaction while the questioning of the witnesses by mr dickson was in progress notably while B R D winters was on the smarting under the heavy fire are of cross egami examination nation mr F B stephens representing the united states Dl district strict attorney again conducted the case for the prosecution the first witness was B P F thornburg who said he voted at poll no 2 at the last school election his ballot was taker taken by allen alien the defendant who had bad an envelope in his right hand like the one witness gave him he took witness ballot with his left hand he could swear that defendant did not put his ballot in the box crow cross examined by mr dickson allen alien was a stranger to him and did not know hig bin politics so far as he was aware nothing was said by witness at the poll as to the ticket he be was voting when lie he gave allen alien his name and ballot the latter held the envelope up to the liht light he did not remain L behind to see whether allen alien afterwards sis ballot in the box he could not say whether or not the envelope which defendant held in his right hand had been presented by any voter immediately preceding him although wit ness had a suspicion that the defendant was not acting honestly he did not wait to see what he be did with his ballot after walking a few steps away however he returned and looked in at the window with the intention of ef seeing if there was anything wrong witness was a member of the peoples party at the time of the election he aid not say anything on his bis return to the win dow nor dor ask nau had been done clone his ballot but the presiding judge allen alien looked puzzled puzz leJ laughter mr ste stephens hens was about to ask the witness if if after leaving the poll he complained to anyone but the question was objected to by the defense and sustained david L murdock said that at the july school election he acted as judge at poll no 1 it was not the chetom at previous elections to have envelopes lying around the ballot box on the morning of the election before poll no 2 was opened allen alien went there and proceeded to make arrangements arranger he had no conversation with the defendant fen fea dant allen alien adjusted the table so that the voters would pass in their ballots through the window richard W young stated that he voted at the twentieth ward schoolhouse pou poll NO 2 at the last school election during the day he was in the room where the ballots were received and observed a pile of envelopes by the table he stood between the ballot box and the window and could easily detect the difference between the peoples party ballots and those of the liberal party as they were handed tn in at the window the light was strong and this enabled him to see the ballots through the envelope the more clearly the ballot of the one party was folded the full width of the envelope and the other only partially the peoples party ticket was folded once before being placed in the envelope and the ballot of the liberal party twice of those which he examined the witness with an envelo envelope e and ticket neatly illustrated this to tae the court cross examined he was in tile the room at which the polling took alaon twice that day for about ten minutes on each oo occasion casion he was a candidate at this election and consequently to some extent interested in what was going forward some amusement was caused when mr young after leaving the stand was immediately afterwards recalled by the defense and folded ballot papers within envelopes were experimented with 1 in order norder to test the witness upon his bis previous r statements he came out of the ordeal with flying colors mr murdock was also recalled upon the folding of the ballot papers mr said gala tie he to co oner offer an abstract of the votes for the purpose of showing the number of ballots cast and signed by allen alien heury henry ball and marcellus 8 woolley after a conaw gation however between the court and counsel mr stephens remarked it shows there was a mighty close election up there if that is admitted we do not care to put this in D he darkly hinted that it was pretty well known beforehand how things would g go judge powers and attorney dick son rose together and ro against such an observation off by counsel for the prosecution mr stephens became somewhat excited but the breeze soon blew over without retraction or repetition of the statement with the calling of R D winters attorney the fun really began he said he was a voter in no 2 precinct and was inside the room during the day of the election in question de fondant WUK we the voter with his left hand while having another envelope in his right which was invariably ll resting on the end of the ballot box he saw him change some ballots in the afternoon cross examined bo far as allen alien was concerned he did not see him do any thing wrong in the morning in the afternoon he went to the polling station again it had been talked about all day that allen alien was exchanging the bautts babets and witness on the second occasion went to watch during the afternoon he be plainly saw him exchange two ballots handed in by voters mr dickson did you make any com complaint plaint as to what you bad seen witness answered in the negative mr dickson you as an honest man being also a member of the bar of this court having seen what you did conceive it to be your duty to call the attention of the other judges and officers to this crime it occur to you that you ought to put the prosecution in po possession poses session siou of this kalua bk bit information witness well it did occur to me mr dickson then why you sot act upon it witness I 1 dont know mr dickson were you afraid of anything I 1 witness no I 1 have since thought and still think that it was to report what I 1 had seen I 1 think I 1 was derelict in that but I 1 thought it might create a disturbance and possibly do more harm barm than good mr dickson what harm did you fear witness I 1 thought that if I 1 made any such charge then some would be on one side and some on the other anu there would have been a row the cross examination was proceed ing when mr winters suddenly disclosed the fact that allen alien told him subsequent to the election that he changed 75 ballots received by him on the day of polling to this admission he be winters replied that he did not believe it mr dickson you thought he was sim simply ly joshing witness witness well yes Q did you have any lot or part in the changing of the ballots A no Q then your skirts were clean A well no they were not Q what had soiled them A I 1 think my action in seeing and hearing these things and not reporting them was not the correct tiling thing Q do you not know whether or not you were culpable in any other way A outside of what I 1 have stated I 1 do not think I 1 was Q you were silent when you should have spoken A yes I 1 had the intimation ton ten days beaw the election what was going to happen laughter Q you had not been guilty of any misconduct apart from this as fm far as you are aware A I 1 think not I 1 was not implicated in any other way in the matter at all Q knowing of this affair having heard beforehand of what was about to be perpetrated why you communicate muni cate your knowledge to those whose duty it was waa to investigate it A my impression was that the ballots on the other side had been dictated 1 and I 1 thought this was lust just a case of turning the tables ju laughter Q so you were encouraging this thing A in that way yes yea but I 1 was perfectly indifferent about the matter in answer to other questions quentio us the witness said odd he was a liberali liberal I 1 candidate for the office of county attorney at abw last county convention ani and was defeated but he did not go upon the street afterwards declaring that he would get evelyl even with the I 1 liberala Ij Libe iberal raly party he did not become hostile to that party owing to his defeat mr dickson asserted that it was not until the witness had been defeated in his candidature that he be gave any testimony or laid any evidence before any one connected with this prosecution that was the whole secret of this cock and bull story turning to mr winter counsel asked you feel disgruntled over your defeat witness no I 1 have hava too much of the man in me for that mr dickson sarcastically I 1 am glad to hear it mr stephens objected to the defense taking up the time with this line of crow cross examination egami nation judge anderson said without going into full details counsel might have asked the witness if he had not had bad a fall out with the liberal party mr dickson you cannot explain how it was that allen alien i came to you as a stranger and adm admitted bitted that he had been changing the ballots and thereby committing a crime ano A no I 1 know nothing about his motive in ID coming to me at this point another little surprise was sprung upon the spectators in court upon the witness making the extraordinary statement that when he met mr mccallum in the street on the afternoon of election day that functionary informed him that in order to make the election surely sure ly he had instructed ted allen alien to change fifteen more ballots Q you on the evening after the convention con vension when you were defeated go down to the place where allen alien the defendant was working and say to him while having a glass glas of whisky and a cigar with him bringing your first down on the table alby by G I 1 will got get even with those fellows A I 1 did not dot Q dian didn itsou you say well defeated me the delegates have gone back on me A no I 1 did not Q and that you waw get even with the crowd ano A no Q you tell a Kriegbaum Mr that you had done the last thing you meant to do for the d party part A I 1 do not think I 1 made that re mark Q then why did you turnover turn over your block books in the middle of the campaign if you were not disgruntled A well I 1 thought I 1 had been working for them long enough laughter court took a recess until two this afternoon mr winters answering further questions said be went back to the polls in the afternoon merely for the purpose of satisfying his own curiosity and abot to watch allen alien he did not believe that he changed as many votes as stated but that he changed some ln in conversation with allen alien witness asked him how bow he was able to distinguish a peoples ballot from a liberal ballot he stated that there was a difference arence ita in the weight P in the respective tickets he also informed him that he believed the dd d d cormons mormons Mor mons 11 were so ignorant that he could steal the entire ballot box witness admitted that he felt disgusted at the actions of the liberal 10 party and said as much to mr hines he meant it then as he did now mr M S woolley testified that h v as one of the judges at the election in question and represented the peoples party a arty he remembered seeing a number te r of ballots between the ballot box and the window they were placed there in the morning by mr ball and mr allen alien this action aroused bis big curiosity inasmuch as it was unusual he was not in a position to watch mr allen alien during the day cross examined he made no objection for the simple reason that he concluded it would lo io no good this conclusion was based on the fact act that he anti and representatives of the party to which he belonged bad often made weighty objections which were ignored attorney F B stephens for the prosecution called J adge hoge to prove that mr winters made statements to him on the day of election similar to those made by him on th witness arpud this was ruled out and the prosecution rested judge powers then made the opening statement for the defense he commenced by attacking mr winters saying that the defense would show that it was not the alleged substitution of ballots which so shocked his white soul but rumors that the tickets of other wards were being given out instead of those of the fourth precinct they would show that all the statements male |