Arizona weekly citizen., 1885-01-10

Judge at the request of said Oury two days after election, and that said Oury had no authority or color of authority to make any such appointments. That the votes pretended to be cast al saiC election ct said precinct were not counted until two days after said cleo. tiOn; that at that time the said pretended officers of said election at said precinct together with enc Emilio CarrillO, who then for the first time acted as a judge of said election at the request of said William S. Oury, met together; that one Charles kresham, who was not and never claimed to be an officer of said election, and who had no authority or color of authority to act in the prem ises. proceeded to make a pretended | count of the votes pretended to be cast at said election; tha. no tally list was kept at said election; that the pretended poll list returned to the Board of Su- perylsOrs and purportIng to contain l names of the voters and the number of votes cast at said precinct at said cleo ton, were in fact false and fraudulent in this, that they certainly contained the -Dsrces Cf three persons who did not vote at sad election, tO-wlt, Ma teo Pacho, Miguel And-ade and Tomas Mungia; that from the evidence in the case 1t Is impossible to determine whether or not P!acido SOzO, Juan To- mas Romero, Juan Pedro Romero, En- carnacion Castillo or Leonardo Ortega, persons whose names appear as voters on sald poll list, voted at said election; that It Is further impossible to determ- me for whom they voted, or If they voted at all; that It Is impossible, from the false and fraudulent character of the returns Of ths proceedings at said cleo ton, tO determine whether any persons, purpOrting to have voted at said elec- ton, voted, if they voted at all, or for whom they voted for the said office of sheriff; that no tally list was kept at sad election; that two days afterwards the sg0j pretenGed officers, in conjunc- tIOn with Charles Kresham, who never preteuded to be an officer of said elec- ton. but who met with the other per sons sO claiming to be officers of said election as aforesaid. twp days after the said elec;IOn and falsely and f-audu- lently proceeded to count and read off a number of the preteuded ballots, pur- porting to contain iT votes in favor of sad Shaw and none for said Paul, and
 
 We're cast at sad election it is impOssi- bie to determine, and they then and there made cut false and fraudulent preteuded tally list of the votes pre- telGtd Co be cast at saIi election; that upon sail tally lIst one of the candi- dates for the office Of member of the Legislative Assembly for said Territory Cf Arizona, tO-wIt, II. ;. Searles, IS not .rE standing his name appears upon every ballot preteuded 10 be cast ar sad cleo ton, and one J. C. Hlzinger, whose name did not appear upon any of said ballots as candidate for any office what ever, was first credited with II votes upon said pretended tally list for the office of member of the Legislative As sembly Of the Territory of ArIZOna, but which sad II votes so tallied for said Hilzluger were afterwards erased by the direction of said Kresham. And the court further finds that none Of the persons pretending to act as officers at said election. either then, or at the tune when said returns were made were ever sworn tO act m any capacity there at; that the said tally list was made out by the pretended NltIhN uA ~AAu tAGEAAbu aN AAlu ulCAdLAbu and under the direction of sand Kreshan, but ii appears from evidence aliunde the returns, that said Shaw re- ceIved ten votes Tn said precinct
 What at Precinct No. 22, known as the San Xavier Precinct, according Co the returns made by the election officers at said precinct and estimated by the said Board of Supervisors, the sad Shaw received 29 votes and the sad Paul II votes; that in truth and in fact, as appears by the ballots cast at said election the said Shaw received only 27 votes and the said Paul received l3 votes.
 VI.-Taat among tho ballots counted for the said Shaw for sand office of sheriff and estimated and included m tue said 27 vO;es above mentioned III the Inst finding, there was one vote cast by one Jose Luz who was not regi-- tered clectIr f sad county, ID and under the name Ot Manuel Narela.
 VII That according to the returns of the officers Of election Tn Precinct No. 1, und the estimate and count made by the sad Board of Supervisors of the votes cost at Precinct No. l, known as Tucson Precinct, the said Eugene O. Shaw received i9j votes and the Robert H. Paul ell votes; that n fact the re- turns SO made and estimate thereupOn are incorrect in this that the said Paul at said Precinct No. 1, received 6lS votes and C said Eugene O. Shaw re- ceived 4S1 votes and B. Ii. Hereford one vote.
 VII.-That at said election Tn said county of Pima the said k. II. Paul rC- ceIved for the said office of sheriff eight hundred and sixty-three legal votes and the said Eugene 0. Shaw received for said office of sheriff eight hundred and fOrty-three legal votes and E. Fl. Here ford received for said office one vote.
 Dated, Jan. 3i, 1885.
 W. F. FITZGERALD,
 Associate Justice.