Show CAPITAL NOTES alien allen case Filli finished shed and hie the defendant ut an discharged tuesday afternoon iho the examination 0 f V J alien allen charged with fraud at a the school election in the furth precinct was resumed before corn com greenman Ore enman the defence called C A kingmann Kine King baun bann fred kesler keeler J 1 P bache J if oreilly and othera who testified they the saw nothing peculiar in allens actions the defendant was then called and testified I 1 have heard several wit nesses testify that nhen they came or up to vote I 1 held ballots in ma my hand band after we bad arranged the window I 1 1 placed the ballot box en on the table and then someone gave me a lot of tickets to band hand oat out to voters and I 1 did so I 1 did not chad change any ticket given me by a voter fraank tor another noth er nor did I 1 indulge in any asses over the ballot box fiery man who gave ina mo big ilia ticket und nas entitled to vote did vote I 1 remember that a man named 0 openshaw haw came to the window to vote and rd enthat that th ro wes was borne some trouble about his voting I 1 dont remember whether he lie got to oto or not but I 1 ild id no not throw his ticket back to him I 1 did not in any way interfere with the right of any one to vote after the polls closed I 1 opened the box and the be ballots 20 td were counted and found to be correct to ro sir movie moyle I 1 came from illinois my name is W J alien allen mr air ito moyle le were you ever known by by any ny otar other name th the e witness only wh when en I 1 was running foot races mr mir hoylo ehst VV hit wai that name the witness oh got noth ing to do with the case caseb mr moyle 1 insist upon an an iwer 1 the ho witness I 1 refuse to answer the court I 1 the question may ba be anaw answered 0 red it mau make any difference colonel ferguson oh oll tell him all about it the witness well I 1 went under different names mr moyle what names 7 the witness well I 1 have eaid said 1 I went under dif different Terent names e enough nou 13 for you mr moyle C can you explain how it was that votes lee nere were cast for young and williams while only otes votes va were ere recorded the witness atness I 1 know nothing about that colonel ferguson all and we rest I 1 dont think any argument is necessary mi moyle said he lie thought the prosecution bad had made out a very throng cafe cate the I 1 fact act that a hundred witnesses had testified that they saw nothing improper in in aliens allens cond conduct at the election did not cut any figure because it was negative ev evidence deuce dence goan counsel borall tor alien n had not attempted to di discuss cua eit the be eminence in the case and bad had spent bis llin time ilme in abusing ab if tog the prosecutor a and ad t talking about things that were not in evidence commissioner greenman greenm n I 1 would like to have a little lime time to render a decision in in the matte so I 1 may give my reasons for it I 1 will ill render my decision in in the morning Yest yesterday erda morning g commissioner greenman Ure enman banded down the follow ing written opinion we e have had in this cae cage the ovi vi dence of witnesses mot mott mo t of whom testified simply eim ply that they voted for certain candidates for off olliee izes while some five or six witnesses give gave evidence of what hat they deemed to be I 1 irregularity lie guar inthe in the mannerow manner manne of receiving and add depositing ballots by the defend ant at the election july 14 for school trustees A large majority of the witnesses when questioned admitted thu that their ballots were received and deposited all right they saw nothing wrong while the few who noticed what they term g out of the usual order of business admit that while they noticed these strange things they did not remonstrate or eay pay anything about it much has been said about the evidence e of mr thorn berg who testified that be is a native born citizen of the united unite a states that he noticed peculiar me motions dioris and actions of the defendant deme dome ferid lit in handling and depositing Us bis ballot or some other ballot yet he lie made no remonstrance nor raid fald anything about iland the fact did not seem to dawn awn on tila ib mind until afterwards he be got to thinking about it and came to the conclusion that come some thing thin was wrong ali tle e bame tame is I 1 rue of all sill be the witnesses who t testified esti fled that h at here there was strange things at that poll over which ho he presided although they were citizens whose whoso d duty ut it I 1 la to sacredly guard the privacy of the he ballot and to expose cor reel and immediately take steps to do deter ee and rod I 1 present devent any violations of law or fairn efe in the conduct of balloting they closed their mouths and allo allowed ed what aw bat they deemed wrong and stra strange to go actions to be perpetrated perpetrate a and lid did n no find fault or remonstrate A citi citizen ze who stands by and aes ae se s 8 or notices anything g ns of fraud or irregularity in the conduct of an election and does not immediately call attention to the fact Is in not de serving of the elective franchise and his after asper tion in relation to euch such facts should be viewed with burcio ion 41 although pointing toward discrepancy and irregularity in the conduct of 0 I 1 the election at poll no 2 fourth precinct 1 at 1 t the juli july election the evidence d daoa 0 es not d die se lose cloeo the fact that the defendant lefenda nt did anything wrong at least sufficient clent to support the charge against him and la view of the fact that among all the judges challen challengers geri checkers and onlookers none deemed that anything was transpiring to warrant any or interference seems con evidence that there was no jile illegal galor or overt violations of law jaw en on the part ol 01 defendant and if there was any miscount or if tho the tally lists and the tle number of votes cast did not agree all the judges at that poll were ft ere careless and find should be corrected but it can be bbown that the same was done or ornit omitted ted with rith intent to defraud or culvert the will of the tire PO poo pie a criminal action will not lie but can cau be determined by civil action on the part art of the contestant contee tant tor for office IF alter ter giving the tile fullest tallest ecio be to tha file evidence of the pe people ople and carefully noting all the facts my impre imp reelon eslon la Is that the evid evidence enco will not warran h holding lalim to the grand jury and the defendant waa was dischar discharged geol A BLOW ON THE NOSE yesterday a civil we eve in progress before commissioner Ore ennian wai waa enlivened b by a pugilistic c encounter vun counter ter A L Kichard gon was suing g august billenkamp Ballen kamp because ali blatter failed to furnish the former el employment m plo y as mersed the plain plaintiffs miffs tiffs brother met the deafen defendant ant in the ball bill in front of 0 the commissioners sio ners office and struck him on t the he nobe nose cutting quite a gash the attorney lorier tor mr bullenkamp was present and ln hit bit mr richardson Kicha idson with a law book the latter was fined 10 and cats by the commissioner for assault and battery whereupon be made a complaint against azain st mr sir kinney kinrey which was later withdrawn the fine was paid ATTEMPTED BARE RAPE at about 11 tuesday night mies mollie davia davis was attacked near the corner of second bafit and third south creeta by a young man who subsequently gave hl his ame as william 8 thornton Tn ornton lie ile seized her and threw brew her to the ground the young lady in her struggle with the ruffian held him bini off for a moment and on regaining her feet started off on a run screaming for help two young men V who bo were just passing were ware attracted by her shrieks and hurried burred onto on to see what was the mater malter when thornton broke and ran TI they aey overtook it hm however ani him in the city hall were he lie will no doubt remain until the matter is is fully investigated DYERS examination the dyer examination was resumed yesterday and several witnesses were ere examined la 19 grande young ted requested and was given permission ton to make a statement in regard to the agreed agreement rig that the final decree should eydthe end the pursuit of property he ile coald not amert that mr air peters ever apeci specifically C al agreed that all subsidiary suits should be dismissed but there were conver conversations eat ions and a general andere under et tan anding ding to that effect the circum circumstances t ances of the case also naturally led to the conclusion that such would bo be the case brecese was taken until today to day L 1 II 11 WALLACE for fine watch atch repairing |