Arizona weekly citizen., 1885-01-03
PAUL YS. SHAW.
Fall Testimony in the Contest Case for the Shrieyalty Of Pima County-R. H.
 Declared Elected Sheriff

The District Court opened this morn ing in special session to try the election contest of Paul vs Shaw, involving the shrievalty of Pima county. The con- plsint was filed twelve days ago, and the issue was joined this morning, the de iendant making very lengthy answer. Messrs. Earll. Campbell and Stephens, Haynes and Stiles and II. F. Jeffords appeared as attorneys for plaintiff. and Messrs. J. A. Anderson and Hereford and Lowell as attorneys for defendant
 There being no objection made, Sheriff Paul was allowed to act in his official capacity during the trlal. The witnesses on both sides were sworn and under the rule were excluded from the court room during the examination of each individual witness.
 An order was issued for the election officers of the Tucson, San Xavier and Ianque Verde precincts to bring into court all the ballots and tally sheets ID their possession used in the election of November 4th.
 The complaint was read by Judge Campbell, attorney for the contestant, setting forth that all of the votes cast were l,1l5, and that Paul received S54 and Shaw S6l; also that the l7 Tanque Verde votes were illegal, on the ground that the board Of judges were not sworn in, and that they did not count the votes until two days after being boiled, and that the ballots were kept Tn an exposed place, and that they made out and certified 10 false return sheets. Also in Tucson, 10 votes were falsely counted for Shaw. Also , other votes were certified to which he did not re- csiNe, and at San Xavier g votes were illegally cast for Shaw, and 10 further votes were counted for Shaw which he did not receive; also , others were counted for Shaw, which the contestant alleges were cast for him, that he re- ceiVed more than l00 majority, and finally prays that the election of Shaw be set aside.
 ShRw's answer was read by J. A. An derson, and specifically denies all the material allegations in contestants com plalnt, and ayers that more than loo votes were cast for contestant by per sons not entitled to votes. in Tucson. and five illegal votes were cast in No gales for contestant, and that all such votes be deducted from votes cast for contestant.
 Sheriff Paul was called and sworn, and testified as follows: I am the con testant in this case; have resided here nearly seven years; was an electOr at the last electloD; voted then, and was A candidate for sheriff at that time; was a citizen of the United States and entitled to vote. Cross-exsmInatiOn declined.
 On motion Of Judge Campbell, Judge Osborn produced the election returns.
 W. J. Osborn sworn: Have been Clerk of the Board of Supervisors for the last three years; l have the official returns of the last election ID this box, as re- turned officially to me, of the eigh- teen precincts. There were twenty three precincts established, but elections were held in only IS. I have here the tally sheets as returned to me by the different clerks. and the estimate of the votes made by the Board or Supervisors of the cleo ton. The estimates were put III evidence, giving Paul S5i, Shaw S6I. | The votes Tn Tucson gave Paul ell and Shaw 4i5. The vote of Tanque Verde gave Shaw l7, Paul 0; that of San Xavier, gave Shaw 29, Paul II.
 mpbell-We offer all of these cleo | ton returns for whatever purpose they 1 may be required.
 Osborn-Here are the returns of the I above named precincts: Tucson, con- taining great register, tally sheet and | poll list. Here IS the precinct of Tan Iue Verde. containing similar papers; also San Xavier containing the same | papers as first enumerated This was completed on the 17th of | last November. l issued a certificate of election on that estimate to Eugene O. Shaw, as required by law, and he filed | ms bond, and 1t was approved by the Chairman of the Board of Supervisors. These papers have been in my custody md my deputy MT. McDermott, and ex- mined only in my presence.
 W. A. McDermott-Sworn:-I was lne of the judges of election held in tucson last November. The ballots yere taken possession of by me by con- ent of the board, and wrapped them lp in this package, and placed a private cal on them, and then, at the request of Sheriff Paul, l took them to Wells. fargo & Go. and sealed them again.
 Judge Campbell-I move now to have hose ballots counted. Objected to on the ground that the 'allots cannot be recounted on mere of the illegal votes contained n them. Court-The objection is overruled.
 Judges Stiles and Lowell were ap- OInted tellers to count the ballots.
 The returns from the election officers ere offered and admitted in evidence. The court here took recess until 2 1 m., at which time the counting of bal | pts will be proceeded with.
 AFTERNOON SESSION. .