Show said some votes were frauds Oric count of folding denver col feb 2 one of the mysteries ot the alleged ballot box stuffing at the election last november was cleared away by a witness in the peabody adams gubernatorial contest before the joint legislative committee this afternoon the experts in many have declared a number ot ballots probably illegal because they were not creased in such a manner as was necessary tor them to be passed through the slot la tho boxes at german wm mauff was called by the democratic attorney simply to identity bis ballot lie was successful in this and on cross examination be was asked to show how he folded his ballot to put it through the slot this brought out the statement that many 01 tho ballots in that precinct had never been in the ballot box because there was not room tor them in staad with the consent of the election officials and the supreme court watchers they ware cast in the outside case of tho ballot box and were not folded in the same manner as those which were in the ballot bo proper moat of the witnesses examined this afternoon were foreign born persons residing in elyna a suburb of tins city whose ballots had been declared by the experts to be fraudulent they identified their ballots when they shown them but were unable to pick them out of a number of ballots with any certainty after the ballots were mireed up by tho the un sealers of ballots reported on a number of ballots aich the experts had testified were written by the same hand in one of the bunches of ballots alleged to be in the sama handwriting were found those voted by john C twombly formerly postmaster of denver and milton Aufang cr a republican state senator and two members ot his family one of the principal witnesses of the night session was senator milton anfenger a republican member of the committee lie was hown a ballot included among tho fraudulent ones reported by expert t imury the number ot which corresponded with the number appearing opposite his name on the roll book of the precinct in which he lived aad voted while he was unwilling to say positively was his ballot ho the handwriting his very closely and he could not say that the ballot was not the one which he voted J senator anfenger testified that he intended to vote a straight republican ticket and was under the impression that he did so however the ballot which was recorded as his had two marks upon it oae a cross after the name of a democratic candidate tor representative and the other a cross after the constitutional amendment provision the senator admitted chath marked his ballot according to the latter but was surprised to find that another mark appeared on the ballot accredited to him on cross examination senator adfer ger said that he believed a great deal of repeating was carried on at a number of polling places in the city where he visited during the jay on redirect examination he was questioned as to his opinion concerning his competency to sit as a fair and impartial juror in the governorship contest he admitted that from what he saw on election day he believed that a great deal ofra uj was committed in the interest of alva adams and therefore doubted his competency to judge fahily and impartially according to the evidence admitted in the contest bearing asked by attorney john rush representing the as to his having attended meetings caucuses and conferences of members of the legislature at which the question of re seating governor peabody was discussed an whether or not those discussions haj not already determined his decision on the merits of the contest he said it would not have its effect on his vote he also denied that he had received instructions thoai corporations concerning hia vote on the contest dr thomas hopkins a prominent physician of this city was called to the stand and identified hi ballot among the alleged fraudulent ballots reported by the expert robert S lament a republican judge in precinct 6 ward 14 sheia number of alleged fraudulent ballots were found by experts testified that the conduct of the election in his precinct was fair and square and that the supreme court watchers found no fault with the conduct of the election he of the necessity for using the ballot box case for depositing the ballots athen the ballot box and became filled anil on cross examination admitted that he was aay from the polling place for ten of fifteen minutes late in the afternoon he said however that his watchers and those of the supreme court were in the room during hia absence an he did not believe any ballots as intimated could have been engaged in DARLING RESIGNS washington feb i charles W darling assistant secretary of the navy today tendered his resignation to ali president that it hakea effect near the of his four year term of service which expires in december the president buted in a letter to mr darling that when bl took effect it was his purpose to appoint him collector of the port at vt DRAWBACKS 01 FLOUR washington feb attorney leeral has rendered au opinion in which he holds that may be avowed on exported flaur mado in part from imported wheat lie aho that yi lence of beoka of account may be used to establish the right ot a to a draw bade y |