Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-12-12
TIE CONTESTED ELECTION.
Condition Of the Rallots-Progress Of the
Case-Trial to Continue To-day.


Judge benson, is still the principal topic o
conversation on the streets and 10 pubii
| PLACES. All sorts of stories are aioat as t.
the condition ia which TIA packages of ballot
were found when presented in Court. No onG
appears to be certain on this point, not ever
those who have been present since the count
ing of the ballots began. As each precircti;
reached, and the package is laid on the
| Courts desk, q statement is made by the
Court in regard to the appearance of the
package. The Court Reporters notes of tbs
| trial Contains the statement made by the
| Court, in full, and through the courtesy Of
Messrs. Davis and Doan the statement of the
condition OF the different packages is given,
that Of Precinct being in full.
Precinct 1-"Tiis parcel is brought into
| Court, and consists of large envelope OF
heavy paper contaiaing the ballots supposed
| to have been cast Ia that prscinct. The
envelope appears to have been at one time
sealed up with sealing wax, spread along
envelope. In sealing the envelope il is evil
dent that it was done by persons not accus.
toned to such matters; that the sealing wax
has BEEN injured and it's consistency de.
stroyed by too much heat; that the heat has
also injured toe strength of the paper, 10
PLACES having burned it entirely through.
When the envelope was taken from the large
tin box in which it was returned the seal
was broken the entire length, no part of it
still holding, so that the envelope could readily
be opened without breaking any seal or mu.
ciiage. TIE envelope has been to some ex.
tent broken or torn. In two or three places
the sides have parted, or in other word /,
the paper seems to have split. There is to
my mind no sufficient evidence that any one
has tsmpered with this parcel, and / think
the condition of the parcel is accounted for By
the almost universal carelessness of Ulcers as
well as men. 1t is almost an absolute impos-
sibility to get any man to take the plsinest
direction and follow it. In this country every
man has his own opinion of his owa wisdom
Of things, and thinks he knows little better
way to do thing than the law directs, and as
a general thing acts upon his own opinion
rather than in obedience to the dictates of
the law. The consequence is nearly every.
hing is done wrong. | make these remarks
purposely. desiring to call the public atten-
ton to this matter. Il so easy to do things
right, and So unfrequsnt that things are
done properly, that the matter is one of
establishment. Ii election officers and all
other officers would simply assume that they
do not know very much and read the law that
is placed before them on every occasion
the plain words of the law direct, then there
would be no trouble about the form of
election returns. This envelope con.
tains no signature of anybody acrossgthe
seal or elsewhere. There is no file mark upon
it; there is no statement of the person from
whom, or the time at which it was received.
The very universslity of the neglectful man
ner in which such public duties are performed
has compelled the Courts to establish very
-
think the correct rule ia that the ballots
should be received, examined and counted,
where it appears that they havs MT been
tampered with, or where there is no evidence
sufficient to arouse suspicion in the ordinary
mind that there has been any unfair dealing
with them. Therefore feel compelled"
Mr.. Carey-If your Honor please, it is
upon that proposition, when you get to it,
that we desire to be heard.
The Court thought the matter was SUBJ
mitted.
Mr.. Carey-No, sir we would like to pre-
sent to the Court cur views upon that.
TIE Court-It is too late now; it is de.
cided. Did you not understand that it was
submitted -?
Mr.. Bsatty-I wanted merely to get the
condition of that pArcel. | should like TO ask
your honor if that package is in a condition
TO convince you that it opened itself that it
was not opened by anyone else; whether you
find from the condition of that package that
it was opened 'sithout any human hand
The Court-Upon that point find the evi.
dence to be that the envelope was broken
open by being placed in the box and taken
ous-handling it, probably. Although it is
not by any means clear in my mind thai it
may not have been opened by the Board of
Supervisors at the time they made the count.
There is some evidence here tina. some other
forcs might hive been used other than the
force used in pushing it down in the box.
This splitting OF the paper would indicate in
some degree to my mind that it was opened
by force.
Precinct l. 1.-THE package of ballots was iu-
tact, and had written across the seal the
names of the officers of the election.
Precinct 2-IThe Court said "Tkis parcel
comes in some better shape than either of the
others already passed upon. 1 see no evil
dence CT any tamparing with this package at
ALL"
Precinct % There was no evidence of its
ever having neen opsned: The Court said
This one il sealed with SONS degree of
security, espe daily one-haf of it"
Precinct 3 -"This parcel has the seal
broken the entire length as it lay in the box.
Upon an ms pecsion of this parcel il is appa.
rent that thu names of Douyald ellis. G.
kellogg, II. ". Kjsys, A. s. Woods, Als.
Woods and Wm. Guinp, Jr., were written
across the ss,sl after the wax which is now
upon the envelope had been placed there.
Some Of them have been written across the
top of the Wax. The letters are iatelligibls.
This parcel his been broken open and no at
tempt made to reseal it. There is no evidence
on the document which indicates the attempt
TO reseal it, although such thing might have
been done ia some parts, but certainly not
where the names are."
Precinct 81 This package ia brought
into Court bearing unmistakabls evidences Of
not having been disturbed the seals are in
tact, the names written acros, the seal are
perfect, and counsel for respondent make no
obi .ction TO this, on the ground that it comes
into Court with full appearances of not hav.
ing been tempered with"
Precinct This package Of ballots was
intact, and the names of the members of the
Board of Election were written as directed
by law.
Precinct 4I.-The package of ballots was
in the same condition as the one next proceed
ing.
This concluded the count of the city pre-.
cincts. Precinct 5 (Guthrie's). precinct 6
tSutterviilel, precinct 10 (Couch's) precinct
IA live Oak, and precinct 20 eek Grove
were also counted yesterday. Ths packages
from the outside precincts which were csE.
vassed showed thai they had never been
opened sincs they were sealed by the election
officers.
This ends the counting of tie ballots as far
as the contestant is concerned. The trial will
be continued this morning, AID the counting
of the remainder of the ballots will probably
be demanded by the respondent.
The testimony Of County Clerk Berkey 10
regard to the packages of ballots from all the
precincts is that they were received in his
Office, sometimes by himself and at others
by one Of the deputies, and when
three or four of them hsd accumulated
he took them to the vault in the Board of
Supervisors room, where they were kept
under lock aud key that the keys to the
vault had been in his pockets, and the ballots
had not been handled by sry one excepting
during the Canvass Of the returns by the
Board Of Supervisors that tie keys to the
ballot boxes of the city precincts, with the ex.
ception OF Precinct l, were delivered with
the boxes, and had bsen kept in his safe, tc
which no one but himself had the secret &c
the continuation that the key of Precinct
hzd not been returned with the box, but was
received by him on the day of the canvass by
the Board of Supervisors, ard was placed
with the others in the safe. The packages Of
ballots from precincts outside of the city beal
the file OF the County Clerk, showing wher
and by whom received. This entry, as stated
10 tba IF pitHy halntu