Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-24

terest OF the contestant, while in his custody as
Clerk dc Jcc-o
from all the precincts in the county were re
counted and In twenty-five precincts the re-
count produced the same result as the returns.
In one that of No. 10 folsom, Cogian lost one
vote in No. a, each party gained one; IN nos.
Z, 49, 10, g and 81, Coglan gained one vote IN
each. in No. Coglan gained TWO and Beard
lost TWO; in No l CogiRn gained nine and beard
lost six in No ~ Coglan gained two; m No; .
Coglan gained six and Beard lost four in No.
81 Coglau lost one; in No. Coglan gained zen
and Beard gained one, and in No. ~ Cosl'-h
gained two and Beard lost seven:
When Il is considered that the greatest ols-
parity is found in precincts where the greater
number OF ballots were cast. E. N the cry
precincts; that there were more tnah lort!
names on each ballot, and the ballots theni-
selves IN many instances mucn scratched uS
the voters, and at least four kinds of tickets
the fact that the discrepancies referred 10 exist,
i'll my opinion fail 10 indicate tfauduleht
manipulation OF the ballots II IS 4 notorious
fact disclosed by contests Of this character, thi
singular errors in counting ballots 10y kIectloh
Boards have occurred, and that, toe. IN cases
where no suspicion has been raised as 10 the IL
tegrity OF the ballots reco1nteo.
In this case the returns OF the votes cast Ior
any OF the other candidates at said election
We're not given IN evidence, nor was recount
Of the ballots made Il relation thereto. IL Such
comparison had been made and i disclosed she
fact that t like disparity in relation 20 those
offices did not exist, the objection urged ny the
respondent would have lnuch weight but non
copsat discrepancies Of like character exist III
relation to officers ana candidates voted for ~
the same election, touching which no lmpli&-
ton OF fraudulent manipulation has been or
could conscienHOuSiy be made.
The physical appearances OF tlle it.SN'ees
containing the ballots, US they appeared on the
occasion OF the former rec0un, IA Court, ana as
they appear at present, are rs follows
Precinct No s. in which there Is u gam iOr
Coglan of one ana q loss by Beard OF Two votes
D.
in EACH and No. 10. gain TOT Beard OF one, the
original sealing with seahug-Eri-N gives no eYl-
dence Of ever having been disturbed or the
packages IL any way tempered Wlth.
Nos. ~ - and u, IN each OF which there is &
gain Of one for C0gian, and =, IN which ne
gains two, the wax sealiugs, which appear 10 be
intact, are written across II places with the
signatures OF some OF the judges OF inspectors
and in such manner that il would be apparently
impossible 10 unseGl them, either by breaking
or melting without disturbing the iIS marks,
No. l. in which Coglan gains nine and Beard
one, the two wax seals are, without doubt
those OF the original sealing, and remain IN
tact They are stamped with coins, and a care
full dissection OF the envelope aud seals by the
Court exhibits the fact that the package could
not well have been tempered with
No. 10. in which Coglan gained one and
| Beard lost seven, the package appears to have
been sealed in several places, and broken loose
at the time Of sealing, from the pressure OF the
contents. Il has been resealed but not in the
same places, the distortion OF the package pre-
| venting the flap from being conveniently brought
! to its former position, and no attempt appears
| 10 have been made 10 disguise the fact OF such
| resealing. 4 dissection OF the envelope ano
| seals corroborates the fact OF such reseaing. Il
| is quite apparent. therefore that the reseallnE
| was done innOcentlv and by the Election Board
II was intact at the time OF the recount i'll Court
The remaining packages, Nos. and 3, were
| produced in Court from the tin boxes entirely
| unsealed. As before observed, these two pack
| ages were proven By the undisputed evidence o
| members Of the Board OF Supervisors to have
| been found intact by them al the time they me
| 10 canvass the returns, and were by them broker
| open, resealed and returned to their respective
! boxes. Their present condition Is eXplalnaDl'
| upon the theory that they We're impertectly re
| sealed with the same adhering wax. alread.
| quite brittle from previous heating, and cam
! open by being roughly thrust back in u crampe'
| or crumpled condition into the boxes.
These packages show the following chtSges
| No. l, Coglan gains 3; Boards loss 6. No. s. ii
| counted at the former trial and on the presen
| trial stipulated TO be correct, Coglans gain, D
| Boards loss, /.
1t is contended that from the fact that such
marked disparity between the returns and re
count in Coglan's favor IS found i'll these tw
packages, that they have been tempered with
| because found open and more accessible. i
| my mind the objection has but slight weight
! If the ballots in these packages have been ma
| nipulated as suggested by the Supreme CouI
in this case on Il former appeal, it would atfor
| a strong inference that the changes found in tn
other packages were produced by the sam
! agency for instance, the five precincts N who
the remarkable coincidence occurs OF an il
crease in Coglan's favor of one vote in each
And also the tampering with No. /, where Cog
Ian gains votes. and which, if manipulated
tthe person committing the fraud has taken III
wearied pains 10 conceal his act with marke
| success. And the same suggestion viii apply /
| perhaps less degree 10 No. !
| Every intelligent person Is presumed TO b
| actuated by an intelligent motive, and | an
unable TO conceive OF such a person indulgin
in 50 contradictory acts as 10 fraudulently MA
| nipulate packages of ballots and leave them VI
sealed, ana thus attract suspicion, If not afford
| ing evidence of the crime, and at the same tim
and with the same object in view manipulat
other companion packages, and with grea
pains and adroltness successfully conceal IN
| fact.
It occurs 10 me that person possessed of
modiculn of forethought and cunning Woul
leave packages ne found unsealed wholly VI
touched or il all were found by him sealed n
would have attempted TO leave them il the COZ
ditiOn IN which he found them.
| From an examination of the entire evidence
am satisfied that none Of the ballots have bee
tempered with, and if, therefore, Precincts No.
l and 3 had been given IN evidence they snoul
| have been counted for the contestant
Il appearing, however, that from the ha)lo;
| recouuteG contestant has received a plurality 9
tho votes cast lie is entitled 70 Il Judgment :
| that effect. SrENCEg Judge.