Show commission IN COURT of the san pete ases by judge bartch two commissioners testify the proceedings in mandamus to compel alie utah commission to issue bertili cates of election to J D page CP lar ern and J L jolley as delegates to alio convention from san pete county came on for hearing judge bartch in alio third district court at palt lake city yesterday attorneys miner icilia and kanc zane for the plaintiffs and republicans were arrayed against 0 W powers and P L williams for the democrats and alie coin by agreement all alio cases were merged into one the questions in all ing the same commissioner although one of the defendants technically was a witness lor the petitioners petition ers since lie biad taken no part in the proceedings of lie majority of alio commission lie identified alio tally sheets composing the return rafn san pete county and testified tint nu discrepancies appeared on any of them relative to alie number of votes cast for J D page 0 P karaen or J L jolley as for delegates to the constitutional convention the duplicate tally sheets from eacle precinct fareed perfectly attorney william insisted that alie sheets introduced did not constitute all the from san pete county and in edite of sir xane the other books and abstract were allowed to go in da evi bencur in response to a by tr anc a memorandum of the botar cast for eacle candidate for delegate in pete county those of the republican candidates ranging from 1393 to 1422 sir williams conducted a cross examination eliciting any new facts and alie petitioners their case judge for alie defense by contending that the tally sheets did not constitute all the returns that if the poll book and other papers were not considered by the commission then no canvass had been made judge niiles replied that it was admitted by alie pleadings that alio peti made a demand on alie commission to canvass the votes of san pete county as required by alie statute and that it had refused lie argued that the returns made by the precinct officers were the equivalent of the abstract of alie vote provided for by alie territorial electron law section 21 of which directs eliat upon euch abstract certificates of election shall be issued before alie passage of lie edmunds act alie judge said the county clerks made out abstracts of alie vote for members of alio legislature and forwarded them to alie secretary of alie territory and the secretary issued certificates of election upon such re turne it was in evidence screand not contradicted he pointed out that alie tally sheet were alie only returns of san pete county ever made to alio anil those equivalent to alie nl bent county clerks alio a alie edmunds law alio court overruled judge howera motion to darmiss tho proceeding edi bigand and alie defend failed letcher to stated there acro registry r lists and poll books in addition to the tully Altor neye zane and lilies objected to alie introduction of capere oilier other alian alie tally alicel Bl icel but alie court admitted them lechter was permitted to read his tabulated statement which showed the number of votes cast in alie various precincts of san pete county accor according ding to alio registry books the poll lists ind and alio tally elgeeta Elie eta respectively and the alto lebed discrepancies according hid bias computation alio statement ia fol lows i r i 5 4 E OS cr 9 s a 2 i 3 w i cattler 44 ah 41 1 am 7 24 1 roun lalu ortan ISA ski 3 mull va am 41 5 My flud H 74 73 1 moroni IV 6 mount cwi 6 fru city 3 1 five precincts in e i par arin ticul are said sir letchor cr coven ven two particulars and ahm agree ir in all I 1 alila ended the direct examina examination tion of alio chairman sir zane conduct conducted aeilt the cross examination was qi quite alte lengthy and in alie progress of w which hie lit it cropped out that alie commission commissioner cr 1 iad adopted an arithmetic 0 his own in nal nfl find id ing anil lie was to forced ito to admit that was not int infallible albil jle at thu close of sir test testimony imo ny alie republicans sought to take up the prohibitory writs but upon object objection ion by the democrat the courts decided to toll licar car argument upon the in hand the he arguments of audgo ano for republic rt apu epu lithe cans and anil parley L willianm williams f for or democrats consumed the atter er 1 noon other arguments mente were con continued tini until today |