Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-06-24
DISTRICT COURT.
ITS SESSION IN HALEY TO-DAY.
The County Seat Case Heard-Bellevue
Is Refused Further Delay-Frank On.
nahl Wants TO Examine Swift f Co.'s
Papers.

Tic hlSlIlct SouIl met a. AZ
o'clock this morning, in Faylor's up
stairs hall, in this city, His Honor
Judge Prickett presiding.
A large number of attorneys at-law
were present, including Messrs. r. z.
Johnson, and Will Brumback, Of
Boise; Ransford Smith, of Ogden, J.
H. Harris, and N. NJ. Ruick, of Belle
vue, District Attorney Hawley, and
Messrs. Ganahl, Ensign, kingsbury,
Vineyard, MCGOWAN, Angel, Ander-
son, Beatty, and Lemon, of Haley.
Among the citizens of Bellevue in
attendance, the TINES reporter no.
ticed Messrs. Murphy, Canavan, Nc
Irvine, Dayton, Young, and Bixby.
S. b. Dilley, Probate Judge, was
also present.
The county seat matter being taken
up, Messrs. Brumbach, Hawley, and
Harris appeared on behalf of Belle
vue; and Messrs. r. u. Johnson,
Ganahl, kingsbury, Angels and Beatty
appeared on behalf of Haley.
n. NJ. Ruick, who had been coun-
sci in the case on the side of Belle
vue from the start, was permitted to
withdraw, the supposition being that
he intended to appear on the same
side as witness.
Counsel for Bellevue moved the
Court to grant continuance Of the
case until Monday, in order to give
time to procure the attendance of B.
+. Perry, very material witness,
and pleaded for time to prepare an
affidavit setting forth these facts.
The Court granted the necessary
time.
While the affidavit was being
drawn up, Frank Ganahl, Of counsel
for the plaintiff in the case of Gen
eral Winters against j. O. Swift, to
compel an accounting and restitu-
ton of a part of the North Star
mine, moved for an order to be per
mitted to inspect certain books and
papers Of the firm of j. O. Swift l.
CO.
w. f. Anderson, of counsel for
Swift 4 Co., asked the Court to
await Mr.. Swift's return, he being in
Salt Lake.
The Court is examining into the
matter.
The affidavit was soon presented.
1t set forth that b. F. Perry came to
the polls at HALEY after 8 o'clock on
the morning of the election, that he
asked how many ballots had been
cast, and that the reply was 10;
that from that time until the close of
the polls with the exception Of an
hours absence) he had kept tally
of all votes, and that he was salts
fed that $50 ballots had been
stuffed into the box during the day.
This was sworn to by Perry on the
llth Of May last.
Counsel for Bellevue admitted that
they had not subp9naed Perry, and
alleged that he had only been miss
ing since yesterday afternoon, when
he left for kctchum or Sawtooth.
They therefore asked until Monday
to produce him.
Mr.. johnson, Of counsel for Hal.
ley, claimed that the affidavit upon
which the opposite side asked con
tinuance, would not secure delay in
any court Of justice. He reviewed
the testimony which, it was alleged,
Perry would give, and said that the
testimony also in the hands Of the
Court in the official report of the five
judges and clerks of election, was
better entitled to credence, as those
men were sworn to do their duty.
The case had been continued from
time to time, from one cause or an
other, and even on this new issue of
fraud a full m nth had been given
the counsel for Bellevue to prepare
evidence. Now they came into court
and, from their own statement,
showed that they had not exercised
that diligence in procuring the at
tendance of their main witnesses.
that would entitlc them to contin.
uance.
His Honor reviewed the county
seat matter, from the passage Of the