Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-24
terest OF the contestant, while in his custody as

Clerk de tacso. ,,,,o.s
from all the precincts in the county were re
counted and in twenty-five precincts the 10
count produced the same result as the returns.
In enc, that of No. Is tFolsoml, Coglan lost one
vote in No. d each party gained one IN NOS
: II 10 % and 81 Coglan gained one vote IN
each in No 5 Coglan gained TWO ana Dei-I9
lost two; in 30. Cogian gained nine and beard |
lost six in No. ~ Cogan gained Two; ~ NJ 70
toclan gained six and Beard lost four IN NO |
81 Coglan lost one. in No. / Coglan g@lheu Yea
and Beard gained one, and in No. "a Oosi'-n
gained TWO and Beard lost seven A.
When i is considered that the grea'es- ~
MARTY is found in precincts where the sfe'1tel
number OF ballots were CAST G. ~ t-'e ":
precincts that there were more tuaA lot's
names on each ballot and the bailots mem
csI,-as in many instances much scratched o!
the voters, and at least four KINDS OF ueAets'
the fact that the discrepancies releIEcd ~ S,
in my opinion fan to indicate d Ht, e.o-;,i.
rnaniDulatior, OF the ballots. II is notorious
{act disclosed By contests OF this character, ts
singular errors in counting ballots by Etect4o ,
Boards have occurred, ana that, toe, III CRISES
where no suspicion has been r9lsea as 10 '-ie -
| teerity OF the ballots recoInted; Cor
! In this case the returns OF the votes cast ioI
any OF the other candidates al salu e leC'rou
| were not given in evidence, Nor Vas 4 [eNetii'
Of Tho hsliots made in relation thereto. IL suCh
| com risnn had been made, ana II dlsclu9eH ~
fsct that ike disparity n Te!'itr''u - .te 1
offices did not exist, the Objection Qfseo .: elie
| respondent would have mGch weight, Due ''G..
Co,s6at iscreUguCies of like character exist III
| relation TO officers ana candidates. voleQ loI ~
| the same election touching which no llhp-it-
| ton o. fraudulent manipulation '-SS N0NN "
could conscientouSly be MADE ~
! The physical appearances OF the lta A"kes
| containing the ballots as they appeared on the
occasion OF the former reeonn, II court ana az
| they appear at present, are rs tolIoWs.
| prec{nct No s. in which there Is Il gam IOI
Coglan of one and loss by Beard oi Two VOTE
Precincts Nos. and Is, 4 gam I0I ooslS.A % -
in each and No i6. Il gain TOT Beard OF one, inc
r7al
dence of ever having been disturbed o. inc
packages II any way tempered VAN 49, -
Nos. 10, p and y, IN eacn OF Whlch thtIS y "
gain Of one for Coglan, and "a, III when NJ
gains two the wax seahngs, whlch appear 70 "
intact are written across n places VITA tht
signatures of some of the judges or inspectors
and in such manner that il would be apparently
impossible 10 unseal them, either y DIeaklns
or melting, without disturbing the luS inarks'
| No 4 in which Coglan gains nine ana beiT1
one, the Two wax seals are, without aouo.
| those OF the original sealing, and remain III
. tact They are stamped with CONS, ana Il care
full dissection of the envelope and seals 10y IN
, Court exhibits the fact that the package coul'
not well have been tempered with.
No ~ in which COglan gained one ant
Beard lost seven, the package appears TO nav
: been sealed in several places, ana Drokcu loos
at the time Of sealing from the pressure VI ~
\ | contents Il has been Tesesled, but not III u
. same places the distortion of the package pre-
/ ventingthe flap from being conveniently broUsh
e | to its former position, and no attempt appear
! | resealinc 4 dissection Of the envelope an
V seals corroborates the fact OF such resealing.
4 is quite apparent. therefore, that the reseahn
a | was done iunOcentlv and by the Election BOarf
O. II vos intact nj the time of the recount i'll Cour
. The remaining packages, Nos. / ana 8, wei
> produced in Court from the TN boxes etllrei
h unsealed.- As before observed, these Two paci
- ages were proven by the undlsputed evidence
II members OF the Board OF Supervisors 10 nav
ir been found intact by them at the time they M
h | to canvass the returns and were by them Drokt
= open resealed and returned 10 their TespectlN
" boxes Their present condition IS eXpAlnap
,e upon the theory that they We're impertectly 7
sealed with the same adhering wax, alrea(
4 Quite brittle from previous heating, and can
: open by being roughly thrust back IN cTamp'
he or cr,lmpled condition into the boxes
ne These packages show the following chsAge
of No J. Coglan gains Beard 5 loss, b. No. D.
~ counted AT the former trial and on The pTese
rs trial stipulated TO be correct, Coglans gam,
rs. Boards loss, l.
adj II is contended that from the fact that such
d. | marked disparity between the returns ana
is count in Coglan's favor is found III these I
packages thai they have been tempered VII
be because found open and more accessible
of my mind the objection has but slight welS
he | Ifthe ballots in these packages have been II
on nipulated as suggested by the supreme Coz
of in this case on former appeal, 1t would aht
a strong inference that the changes found IN
ok other packages were produced by the sa!
NC agency for instance, the five precincts N VIM
the remarkable coincidence occurs OF an
ev | crease in Coglans favor OF one vote IN ea'
* | And also the IailpeIlHS Win " =
nd Ian gains votes and which if manipulate
Il the person committing the fraud has taken l
he wearied pains TO conceal his act with MARI
ng success And the same suggestion VIII apply
ter perhaps less degree to No. AZ.
*. Every intelligent person Is presumed TO
he actuated by an intelligent motive, ana
lid unable 10 conceive Of, such person lnduig
he in 50 contradictory acts rs 10 trdudulentiy I
oil nipulate packages of ballots and leave them
he sealed ANA thus attract suspicion, II not atQ
ing ing evidence of the crime and at the same u
and with the same object in view manIpui
IN other companion packages, and with gr
led pains and adroituess successfully conceal
the fact.
II occurs to me that person possessed G
lis r.odicnn of forethoUGht and cunning 70
IN leave packages he found unsealeo wholly
red touched or if all were found BY him sealed
the would have attempted to leave them II the c
ges dition in which he found them
/ OF From an examination OF the entire eVlden'
an am satisfied that none Of the ballots have o
5 of tempered with, ana if, therefore, Precincts
,er- and 3 had been given IN evidence they sho
the have been counted for the contestant
re. Il appearing however, that from the bal
re- recounted contestant has received piuTalt
the the votes cast, lie IS entitled TO jud6Inen
an that effect SrENcEAi JGds