Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-07-01
HALEY, IDAHO, SATURDAY, JULY |, 1882.

there was an attempt to commit
fraud at the ballotbox
1t was claimed by the defendants
that the circumstances detailed, al
though they did not prove fraud
when considered separately, yet,
when taken as whole, that they
tended to prove plan as alleged.
But the rule by which evidence is
weighed is the reverse of this. Cir
cumstances having no weight toes
tablish fraud of themselves cannot
be held to establish fraud as a whole.
There is another rule in regard to
evidence in cases of fraud, and that
is, that fraud is never to be pre-
sumcd; it must be clearly proven.
Now, there is nothing in the facts
submitted or in the evidence offered
in this case, to indicate frand. 1t is
no proof of fraud that IL citizen
should have gone to Mr.. Cranston or
Mr. Fuld, and have requested them
to be on hand on the day of election,
to be elected judges. 1t is true,
however, that if Mr.. Banlicld did use
the language attributed to him, that
it was not creditable to him (Ban-
tieldD.
AS to the change Of polling-place.
That was evidently unavoidable, un-
der the circumstances, and the poll
ing g-place need not necessarily have
been at that designated by the Board
of County Commissioners, since it was
not practicable.
The tally-lists kept at the HALEY
polls by Mcssrs. Mclrvine, Perry and
Ruick, were submitted in evidence.
According to these tallv-lists and the
evidence of the persons who kept
them, of the r., ballots returned by
the judges, only $50 were legally cast
thus leaving a discrepancy of 241
ballots, or votes. 1t is therefore nee
essary, in order to arrive at decision
as to the wei ght to be attached to
these tally lists, to examine into the
manner in which they were kept.
Mr.. Mclrvine was the first called.
He began to keep tally at half-past s
or 0 o'clock. He inquired of the
judges how many votes were polled?
They said 1o2. But there were in
fact lO3, and the first name taken by
Mclrvine was the 10th. So the in
formation was substantially correct.
There was no discrepancy between
the two except of one name. Mr..
Melrvine then commenced keeping
tally, by making his marks in three
columns, and taking down the names
of all Tor, at least, he believed that he
was taking all the names) persons
who voted. But Mr.. McIrvine testi-
fed that the voting was brisk, even
rapid. Consequently he quit writing
names and made tally-marks, which
prove nothing and are of no use ex.
cept as memorandum to Mr.. Irvine.
Mr.. Perry received the list after GO
or 10 votes had been Tailed, and kept
it after that. But Mr.. Perry did not
even attempt to say that his list was
correct. On the contrary, he says
that it was not only possible, but
probable, that many persons voted
whose names he did not get. Such
testimony can have but little weight
as against that of the clerks Of elec-
tion, whose special duty it was, uh
der their oath, to keep list of the
names of those who voted, and to
keep it correctly. The testimony
showed that there was some wrape-
ling at times and considerable talk
and noise at all times, around the
polls. The noise. it is fair to sup
pose, prevented Mr.. Perry from keep
ing all the names; and it is to be
presumed that the lists kept by the
clerks are correct, and they should
be accepted as such.
Mr.. Ruick's testimony is more pos
tive in its character. lie was quite
satisfied that all names had been
written down, and he stated the
names of some persons whom, he did
not think, had voted But, rs be-
fore stated, they lived in this vicin-
ity, and the presumption was that
they had voted. Taking Mr. Ruick's
actions throughout this campaign as
an Indication of his feelings, consid-
ing the disputes he got into, the in
terest he showed, his testimony is
such that it will have to give way to
some of a different character.
For long time it was net known
how it would be attempted to prove
the fraud alleged. After a while it
was stated that, at the noon recess, as
the tallyshects were deposited in the
ballot-box, there were many ballots in
them. Mr.. Perry SAYS he thinks that he
called Mr.. Dayton's attention to this;
but he is not sure that he did. In
fact, Mr.. Perry prefaoed most.of his
replies by the words 81 think, For 81
believe" and he seemed to be certain
of potb;no M novfo,, Dbnuavar