Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-07-01

WWSh, itiioHS hlaily attcSisaofAc,
specifically charged that 247 ballots
had been stuffed into the box at
the Haley polls.
Judge Prickett then set the cath
Of June as the date for the hearing
on this new allegation, and HALEY as
the place. Last Saturday the case
was called. The Bellevue attorneys
asked fora postponment, which was
refused. The case occupied five days,
during which the Bellevue attorneys
occupied nearly all the time Of the
Court, the attorneys on Hailey's
side declining to call any witnesses,
and it was closed last evening, the
judge reserving his decision.
This morning Judge Prickett rem
dered his decision as follows:
In the case entitled }. A. Rupert
vs.. the Board Of County Commission
sers of Alturas county, which has been
on trial before us at Chambers for
several days, there is but one ultimate
question of fact to be decided. That
question is, whether fraud was com
mitted on the ballot box, at the polls
in the town of Haley, at the election
held on the 18th day Of September,
1881, for the purpose of determining
the permanent location of the seat of
Alturas county-such as is charged
by the defendants, in their answer.
That answer alleges that, on the
day and at the place stated, some "a,
ballots were fraudulently placed in
the box by a person or persons to de-
PENDANTS unknown, and that names
were also surreptitiously put on the
poll-lists to correspond. Was this
fraud committed? That is the ques-
ton.
1t has been stated, by one of the
witnesses for defendant (and names
have been cited to corroborate the
statement), that there were on that
list few names of persons who had
not voted. But, on the other hand,
it has been proved that nearly all
the persons pointed out in this con-
nection were entitled to vote, and
resided in this immediate vicinity;
and as the question at issue was one
of great interest to all persons living
hcreabouts, it is only reasonable to
suppose that all who had the right
to vote exercised that right.
The certified poll-lists and tho bal
lots in the box at the Haley polls on
the evening Of the 18th Of Septem-
ber,lsSl, as certified by three judges
and two clerks Of election, show that
III ballots were cast in the town of
Haley on that day. The defendants
attempt to impeach this return, and
in support produced tallylists kept
by Messrs. McIrvine, Ruics and Per-
ry, Oh the outside of the place where
the polls were located.
1t is also claimed that, for some
days prior to the election plan had
been arranged to commit the fraud
since charged to have been commit
ted. In order to substantiate the al
legation referred to, it was shown in
evidence that, two or three days be-
fore the day of election one Banfeld
met George w. Cranston, told him
that he had been selected as one of
the Judges of election, and that he
must not watch things too closely.
But Mr.. Cranston, who was put on
the stand by the attorneys for the
defense, testified that Mr.. Banfeld's
remark put him on his guard so that
he paid especial attention to every
thing that was done, and that he did
not see any fraud committed.
Leon Fuld, another of the Judges,
testified that on the evening before
the election George NJ. Parsons in
formed him that he (Fuld) was to
be one of the Judges; but Mr.. Fnld
stated positively that not word
was spoken to him to urge him to
act contrary to law. This does not
tend to prove a preconcerted plan to
commit fraud.
Another fact upon which the de
fense sought to base its allegation of
fraud was that the polls were opened
on the north side of Bullion street,
instead of the south side, as ordered
by the County Commissioners. But
it is in evidence that on the morning
of the election, Mr.. Oldham refused
to permit his building to be used as
a polling place, and some other place
had to be secured. This the 40-odd
electors who were present at the
time when the polls should have
beenS opened, decided should be in
an unoccupied building located at
about the same distance north of
Bullion street that the place origin
ally designated vas south. 1t had
also been attempted to show that
this, polling place was dark, but that
II 4 L. III