Morning journal and courier., 1882-12-28


 and to declare elected the parties legally elected. The other side was not deprived of an opportunity to test the matter by quo warranto.
 After further arguments Judge Park said it seemed very clear to him that this was no case for 8 jury. Power to recount necessa- rily implied the power to determine what were legal ballots. Accounting ballots" were the words of the statute-not pieces of paper purporting to be ballots. judge of the Superior Court was given the power to say what class of ballots met the require ments of the law, and should be counted. The clause of the answer praying for jury trial was therefore stricken out. Mir. Blydenburgh suggested that the cases of the City Clerk andlAuditor rested practi- cally on the same evidence and ought to be tried together. It would save time if both cases were heard together as the one recount | ing of the votes would then suffice. Mir. Doolittle said he wanted to show that | the ballot was printed on plain white paper, | and could show it by number of witnesses, among others firm of law printers. Again, he could prove that the ballots were printed as they were solely to prevent counterfeit 1 ing; to give the voter an opportunity to vote as he pleased. Mir. Doolittle further believed | that there were ballots cast for Mir. Plgott | that differed from those cast for John w. l Lake, and therefore the two cases were not l alike and should not be heard together. Judge Park said that the cases could not, l of course, be tried together if there was any I objection.
 Mr. Doolittle sharply said 'We certainly l object A man to come up here with 5000 majority against him and claim an office /! Better abolish that criminal dock over there.' , | Mir. Blydenburgh then called Town Clerk Shuster to the stand, who produced the gen. 1 eral certificate of the moderator at the last city election as returned to him by modera- | tor William H. Law. The witness read from the certificate that the vote cast for City Aud | itor was returned follows: John w. Lake 5,162, Charles Kimberly 4,O1O, Wm. w. Hotehkiss l, scattering 10, Edwin s. ! Wheeler 16.
 Mir. shuster went on to tell how the ballot boxes came into his possession, where they were kept, etc. So far he knew all the 1 boxes when received were sealed, but he did not closely examine. When shown one ot the black ballots by MT. Blydenburgh, the l witness said he had seen similar ones in his ward on election day bearing the name oi John W. Lake for Auditor and had voted one 1 himself.
 Judge Park here ruled that Mr. Doolittle could not show by the witness that at the last gubernatorial election both Republicans and Democrats all over the State cast ballots fully easily distinguishable as the black ballots in the present case. The court thought it was not relevant and MT. Doolittle took exceptions to the ruling.
 Carlos Smith was called by Judge Blyden 1 I15 IeStluou uo pESSlueu he tAs Tenth ward polls election day, December 5 when were counted 147 straight Democratic black ballots with the name of John W. Lake on them for auditor. 4 verbal protest wa made to the witness against counting these ballots in that ward by Herbert E. Benton editor of the Palladium.
 To Judge Harrison the witness said Mir Benton was one of the official counters in thu ward that day and signed the return. Jonathan Ingersoll testified that he wa
 one of the counters on the city box last cleo ton in the First ward and should estimat : that perhaps 200 black ballots were cast fo John W. Lake for City Auditor in that ward Franklin H. Hart testified that he was il . the Seventh ward as counter last city cleo , tion day, and should think that 700 blac] ballots were voted and counted for MT. Lak for Auditor in that ward
 Timothy F. Callahan, moderator of tn Eleventh ward at the last city election, testi fled that he could not remember how man. black ballots were cast for MT. Lake for Git ; Auditor, but in all Mr. Lake had about 2O votes in the ward.
 At about this point recess was taken un ! til o'clock