Arizona weekly citizen., 1885-01-10


 o'clock Saturday morning, to which time an adjournment was taken.
 The court opened promptly at the designated time this morning amid q crowded audience, and Judge Fitzgerald handed the following findings to the clerk and gave an oral decision:
 DECISION.
 The Court.-I want to say m announc- ing judgment ln this case that 1 have given To the contestee the very widest scope that possibly could consistent with the rules of evidence and tue rights of the parties involved, for tue purp, Fe Of establishing, ID connection with other things, bribery, about which so much was said during the progress of thls trial. l want to say now that If there had been the slightest evidence that k. If. Paul had bribyd or CfTsred to brlbe any voter, l should have annullei this election and sent 1t back to the people. There was no such evidence in the case; there was nothing tending to establish anything of the sort, conse- queDtly there was nothing whatever upon which could possibly act. It Is true there was evidence in this case, and l believe 1t to be true, that young Mr. Appel bribed a voter, paid him money, and dragged him like U dog to the polls, but there was not the slighie-t evidence going to show whom Mir. Ap- pei was supporting or whether what be dId was known by Mir. Paul
 With reference to the voters Ander- son, O'Brien and MOnasco, I do not think It ls necessary for me to pass upon them, because 1t would not change the result of this election. But with refer encc to the vote of Speedy, I desire To say that fl there had not been a particle of evidence introduced here in support Oi the fact that Speedy was a resident of this county, 1 would not have been governed in the least. by the testimony which WAS introduced here by the con testee Tor the purpose of establishing the Tact that he was not a resident If the county, for the reason that IL was simply haarsRy evidence, and then the aElmus Ci the parties who testified here should hlve been another consideration which would have induced me to have entirely disregarded their testimony: yet tine votes of Speedy, MonGsco, Anderson and O'Brien would not change tine result of this election, and I there fore declare R. H. Paul to be the sheriff of this county.
 In reference to the Tanque Verde box, which had forgotten to mention. ten of the votes east there were allowed by me, the other seven were rejected. l forgot tO mention wi:h reference to that box that IL reeked with rOttenness from its inception tO its consummatiOn. l allO1ed ten votes simply because they were proven aliunde. l think there will be a great deal of good work in this matter for the next grand jury and l shall charge them specially with reiersnce to this election at the next term of this court. And I wish to say also h this connection that m this judgment, there has not been a particle of evidence showing to rending to show that thIs eOntestee NIT. Shaw had the slightest knowledge or was ID anyway connected with these glaring and infamous frauds which were perpetrated in his behalf by some of his over Jealous friends.
 With reference to this Tucson box. these jud0es were engaged for some lhlng like 4S hours and it was perfectly that a mistake of the sort which here occurred, should occur. l do not thInk there is anything going to show [ hat there were any dishonest parties or any fraud whatever perpetrated at this box. It was a mistake which was likely to occur and If tine votes with reference to all the candidates were recounted, nNu .N be shown with reference to them.
 FINDINGS OF PACT.
 This case having been regularly called for trial before the court, tine parties ap- bearing in person and by their attor- neys, Messrs. Haynes and Stiles, H. R. JeiTord=, and Earll, Campbell and c. c. Stephens for contestant, and I. A. And erson, Hereford and Lowell, and Came ron Ii. King for respondent, and the court having heard the proofs of the res pectiye parties and considered the same and the records and papers Tn the case aud the arguments of the respective at- [ rneys thereon, and the case having been submitted to the court for its decis- ion, She court now finds the following facts:
 That the sail Robert II. Paul, the herein, for upwards of one year prior to the commencement of these was, and ever since has been and now Is, a resident of said Pima county, and duly qualified electUr therein.
 II-That at the general election held in the sad Territory of Arizona on the 1 h day of November, 1881, for 1errito- rial and county officers, the said Robert h. Paul and Eugene O. Shaw were rival for the office of sheriff of said Pima county, and that all the votes, ex- cept ore. cast at said election m said of Pima, for sad office of sheriff, were cast for either said Paul or said Shaw.
 III-That on the l7th day of Noyem- Der. \. D. 1881. the Board of Superyis- ors of said county, met at the county seat oi saii county and proceeded to es- innate tLe vote thereof, and upon said I7th day of November, 4. D. 1881, did draw mp and sign h statement thereof, to contain the names of the persons voted for at said election. the office to fill which each person was voted for. the number of votes given at each precinct to eacO of said persons, and the number of votes given to each m said county. aud that said Board of Super visors filed the same, together with the returns received by it from each precinct with the clerk of saii Board of Super visors, and that sad board then and there declared the said Eugen. O. Shaw elected sheriff of said county for the term next ensuing; that according to said estimate and statement, the whole number of votes cast at said election for :he office of sheriff of said county was I7IJ. of which said k H Paul. the con testant herein, received S54 and the said O. Shaw received S6l, and there upon the clerk of said Board of Super visors did make out and deliver to said Eugene O. Shaw, a certificate 0f his election to sad office of sheriff in and for said Pima county, signed by said clerk and authenticated by the seal of the office of said Board of Supervisors.
 IV-That according to the returns made to the Board of Supervisors by persons claiming to act as officers of said election at Precinct No. r., known as Tanque Verde Precinct, the said Flu gene O. Shaw received r. votes and the said Robert H. Paul none; that in truth and m fact the persons claiming tO act es officers of the said election as iudre=