Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-01-31
MURDER WILL OUT
sCoUNDRELIsM DEVELOPED
HOW THE PRESIDENCY WAS STOLEN.


derson was resumed this morning. The
court room was filled with spectators. At IL
o'clock the jury entered the court room and
occupied their seats. The clerk read the in
formation against the prisoner to which he
had pleaded not guilty. The first witness,
w. b. Smart, being sworn for the State,
said: I am Clerk of the District Court of
Vernon parish. I was deputy clerk before.
The document shown me contains my official
signature. It is the election return.
Mr.. Ray objected, as the latter speaks of
original returns of the election signed by the
supervisor of election and registration, when
the document offered is the consolidated
statement of returns, and under the law
there is no such officer known as the super
visor of election and registration. Mr.. Ray
offered as an additional objection that the
documents have been signed by the Clerk Of
the Court instead of by the Deputy Clerk,
and that as they are charged with uttering
a forged document the forgery must first be
proven before the uttering.
The assistant attorney general contended
that he did not purpose to set out fac sim
lie of the doctrine presented. The law does
not require the document to be described ac-
curately. It was certified by the clerk, that
was sufficient.
as to the form, but as to the substance of the
information.
Judge Whitaker said the objection was
purely technical The information could be
amended under statute.
Mr.. Castellanas read bill of exceptions.
He said he had been referred to section
1,O47 of the revised statutes by the attorney
general as to an amendment of an informa-
ton. In forgery, like some other crimes,
there were we'll settled rules. variance
between the Indictment and the offense was
always fatal, also the omission of any words.
The document might be alleged to be forged
and is defective, if not in form in substance.
and is therefore null and void.
Attorney General Ogden replied that the
court was right in the position it took.
Originally, he had proposed, under the stat
utes, to amend the Indictment, but the rights
of the defendant would not suffer by it. The
matter was to be decided by the sound dis
erection of the court.
Assistant Attorney General Egan support
ed the amendments made in the informa-
ton. He quoted several authorities. The
variance was not material.
Mr.. Castellanas objected to amending the
information, which, however, was amended
and the District Attorney amended the in
formation by inserting the words "supervis-
ors of registration instead of supervisor
of election
At the evening session Thomas franklin
Supervisor of Registration of Vernon parish
testified after identifying returns shown him
to the alteration made after he had signed them
that only at No. 8 poll were any Republican
votes cast, and there only two for some of the
Hayes electors, several of them receiving none
Looking over the returns from poll No. 2 the
votes were altered in giving each Hayes electo,
81 votes, while they had received none. Al
poll No. 8, 81 votes were given Hayes electors
while they had secured none This, after he
had signed the returns. In the consol
idated return of all the votes cast in
the parish where the Republican electors
had received two votes, ITO were given to KEEL
logg, Burch, and Joseph, and 100 to Marks
Sheldon, Jefferson, Brewster, and Levisse
Democratic electors had received 647 vote.
which was altered to 1859 votes.
The question, if returns for other officials
had been altered, was opposed by the defense
as the charge only as to electors for Presi
dent and Vice President. Objection over-rulec
and bill of exceptions taken. At O'Clock
court adjourned until tomorrow, when thu
witnesses will be called again.
No news of ex-GOv. Wells.