Show THE brim BOYLE CASE driver gains seven votes tims far the case Is closely contested and the result Is yet in doubt will probably be finished today the cabe 0 william driver contestant ve john aboyme came on in the dietrict court day mornine before judge ane contestant was represented by J N kimball john D murphy and LR while tte contested or mr cuyle bad as counsel J 11 macmillan david and A J weber the room wag ell filled with spectator among alom were doctors and othere including deputy recorder F B devota who wasll faithful listener throughout the day arery point in the case a beius close 1 watched and any point rained by either side will be by work daring the day air boyle was noticed discussing bis alleged majority willi sir driver while the latter waa telling that gentlemen bow the thing would happen the result ol 01 the days work is a gain of five and possible two more in one ci the allocations of the bill ot particulars which ie eiven below bat was expected to be proved onla one ballot not counted ia alleged to properly belong to driver by the plead ine while two acore were discovered and the question alisee can they count these for driver judged will probably decide that today in ahe seventeenth district it wib be remembered charges were made after election that wllliam glasmann bad bien at that district all day during the election and the counting of the ballot in the interest of william driver and that should a recount be had a larne bain for boyle would be discovered this ie shown by yesterday caunt to be absolutely false and without the least foundation aa mr boyle loit three votes by it the bill 0 particulars as berged ie se follows showing whit driver intends do to john A boyle conte etee and to J II 11 macmillan esq david evans esq and AJ Weber esq attorneys tor you will please take notice that tho contestant william driver in support of atie allegations of paragraph one of bis herein will prove on the trial of slid that in the first election district of getlen city two ballots legally cast there for said contestant and properly marked accordingly to the law were rejected by the judges upon the alleged a that three ere voted tor on each of the eaid bal lots instead of two alie baij contestant will borovy in support of the allegations 0 paragraph wool hie aalde abat in the election dietrict of ogden city eiert votes legally cast for aadil content ant were rejected by the judges of election and thrown out tor the alleged reabon abat three councilmen were ed or on each of eaid allots bl lots instead of two and abat seven ballots in eaid election dietrict which were legally cast or the eaid contestant were folded to blot upon the peopled Peo party column ou the official ticket and upon thie alleged reabon aure rejected by the eaid judges of election that the said contestant will prove that in the eighteenth election district of eaid city blise eugenia boan toted loi eald boyle when rhe bad not resided io the state of utah for one year next preceding prec edinE the eaid day of election and that one ballot which aa not marked in any way to indicate tor whom it wae cast was courted tor aid boyle and counted or him bv the eald 0 election of eaid district the eaid contestant contee tant will giove piove that in the elret election dietrict of laid city one alea nettie alleon who att not a resident rei ident of eald district voted for eaid boyle and her vote wa received and counted for aid bryie by the judged of election said contestant contee tant will prove the allegation of pame raph biye of tola statement on file herein said contestant will the alleida hoba of the elath on flie lewein bald will prove the alleca bione tione of paragraph beven ot bie statement on file herein said contestant will prove all the alle rations of liblit nine tn and eleven of bit eaid statement on file herein in to the votee of john D 0 mcgall charlee R hood batruel howard aad motea duma the liet or bill of particulars a ie made tved and filed in accordance with the statute in this cabe made end provided ogden utah pec kimball A kimball L R john D murphy attorney tor ant ll corder anderaon And ereon wae irti called after the attorney had read ihfe tn the caBe mr anderaon And ereon ee tined that be wae cily recorder of city and had received abe tally etc e bete n prevented ted preen goddard delivered abe telly the elec r A kioa district to me but I 1 could not tell when from memory probably on nov ard 3rd about 5 when mr goddard handed the tally ehtel to me I 1 knew be did it aa one of the judges the tally sheet was received in evidence objection on cross examination attorney evans asked some questions in regard to the tolly cheet and offered in evidence the official list ot and the counsel for the contestant objected to the question as not cross examinations ane court allowed the cross examina tion and ruled that the objection should be oven nied goo testified bat be knew miss nettie aileon and that the resided in the fifth ward but not in the twenty first precinct wherein the voted he testified that be had a conversation with miss nettie aileon in regard to the way voted but the court would not alloa the witches to testify to abo conversation bad in the regard stiffler Stif ller that he was a watcher in the sixth precinct of iad second municipal ward alter which court adjourned until sir stiffler Stif ller farther tee tined that lie had lived in ogden for four or alve months and voted in the fourteenth precinct lived in jbf county far a year but was out of t awn some of the time brae back the ot october did not live out of the state for a year prior to october it was not less than eix aaa that I 1 came to ogden my wife was 1 ving at 2128 jefferson avenue where the had been living for four months on the direct examination be testified hat be wa in the employ 0 the corey bros co at eiko county nev where he wee bookkeeper book keeper and returned to ogden from there the witness was then withdrawn mr anderaon And ereon was recalled re called and testified tou ballots ot the first precinct vere retained to me by john one of the judges of that district d they were in the order as I 1 have them here I 1 have kept in the vault at my office from they herein produced on motional moti onan order was made hit the ballots be opened and inspected for that precinct which wae accordingly done bat the rejected ballot was not discovered the envelope containing the spoiled and unused ballots cf precinct no 1 were then produced i the conte etee objected to the examination of these ballot mr anderson blat be had received aad kept these ballots as the othere the cont eslee again objected but the judge opened the package again tte looked bior ballot was not dilo the ballots of the biath district were also opened in which but eix altered alt eted ballots were found judge it lao in taking up the df fictive ballots said aba first of the alleged defective votes is tor driver and should be allowed the tor third for boyle and the fourth for the court flopped and the attorneys for the contest objected to ibe ballot bine counted for driver as be court evidently intended doing on the ground that the cross was not placed as dee ignited by law circle macmillen and evana contended that the law was murie in order to stop the sale 0 any vote that should a person be allowed to place the cross near the name to be voted or instead of in the circle it will be readily seon bat hie vote will be counted as he withe f this manner is upheld and at the same time his ballot marked that the purchaser eer may be assured by observation of the vote being cast as agreed and thus defeat the law ai intended kimball and murphy for the contestant contee tant contended that although the cross had not been placed within the circle it was placed in ane proper and should be counted the court held that the statute eject focally the cross aboud be placed in the circle or square made foi that purpose the fourth ballot called defective will not be counted tor either cartr with the fifth but the fiath defective ballot should be counted for reventh lor driver and the alto as should the ninth tenth and eleventh three of these should bo deducted from driver as they were not apparently voted although they had opposite that candidates name abue malar e time more ballots allowed by the judge for both candidates the precinct was also opened to dieco vcr whether there was a bullot without a over either name and bad been counted as alleged this was found end the name ellza culley found thereon the ballots of were counted by the court and tho reporter and clerk beat re suiting follows boyle driver ae turned into the recorder by the jadam of election and counted tho votes stood as follows 5 boyle driver makina e difference ot three votes in of driver favor whom tt amiee arttie walson alleged voted illegally leiti fled a fallows tn the awen v I 1 toted for mr boyle and wai n the west precinct first fn the farat ide ol 01 avenue on PMT M u 1 THE BOYLE CASE iii from race LI ward I 1 lived there for about four 1 mouths prior to the election and had ben residing in the airet ward for about that time I 1 considered the residence of cay aunt my home most of abo time the vote of miss was by the order of tho cobit thrown out on alie ground atiat ebe was not entitled to vote in the twenty brat dierich di erict the nineteenth dietrict ct votes were then counted resulting as follows driver boyle 75 the tally ahert showed driver boyle 72 thirteenth district unused and ballots were also opened but nothing was found aa alleged the twenty third district allegation wag not allowed by the court ae under the ruling the ballot was admitted that the ballot which they incorrectly marked and the contestant claimed for driber was incorrectly marked D C mcgill was called and testified that he lives in city and has for a lone ame resided n the fifth ward in the childs block went there on the ath of oc ober and moved to 2636 grant avenue on the south side ot twenty fifth street afterward 1 I in the sixth on washington avenue H he wag then asked for whom did you vote for the office of mayor ane witness declined to and was upheld by the cobit in euch refusal chief davenport told me it was hia bread and butter to have driver elected end I 1 told him that if he waa sure driver would appoint him chief of police I 1 would support driver but under no other condition samuel howard was next called and testified that he voted in the second ward and had voted for mr driver for mayor he was dropped by counsel immediately ag the contestant alleged that he had voted for mr boyle and expected to lieve hia ballot thrown out on the nonresident non resident grounds moses dumas testified that be lived in the pint ward bome time ago but voted in the second ward in the seventh district he was withdrawn after testifying that he had a right to vote in thai ward the contestant made a motion to open abe ballots of the fourteenth district and the fun began 1 kini ball tor driver contended that as the certificate of the judges of 7 that district on tally sheet the only meana of deciding who really received the votes in the 9 was by counting them they hopa to do this and then find enough votes for driver to elect him evane argued that the bal lot could not be counted as tha tally sheets were in evidence and einred where the votes shoula be i counted that the tally sape s gjok were placed in an envelope sealed IH iby the judges and delivered ti the city recorder with the three judges names written across the envelope and that that was certificate enough mr then cited some authorities which he said were in point to show that a badge of election by ignorance neglect or fraud could disqualify the voters from having their choice expressed through the ballot or defeat a candidate for office that if it was clear bow the votes were intended ito be cist they be counted and he therefore contended that the fourteenth districts ballots should be considered as bbown on the tally sheet for boye and 61 for driver mr murphy for driver said in reply to mr mahmillan Ma that EO far as depriving abe keople of that breut greut god given right abe right to vote be might grow as eloquent a pos eible and that when he gets through they woud say amen in their corner but be considered the cases and law cited not in point and not good law he further said that be could see no way out of the matter except by counting the ballots ot the fourteenth cicat jude eaid the question in this case is did the canvassing board err in canvassing abe mums lathe of election necessary to determine abe way trevous were cast it is my thai the city council could have refused to can JL he votee of that precinct should have done so however I 1 will not determine the matter at this time tu whether or not I 1 will allow the ballote ct that district to be counted cou athen adjourned until 10 this |