Arizona weekly citizen., 1885-01-03

Cross eXamined-I had been up pretty near all the time the court was m pro-
 gress. I drank large drink of whisky
 when was out; felt elated over the
 success of the ticket; I had not drank any for nearly year before, but l l thought that | could afford to take a drink as I had had my vigil; was a
 partisan of Shaw; ] only took one | drink. There was liquor in the room when We were counting, but l took none; I never saw NIT. Snyder under the influence of liquor; l never saw Judge
 Meyer drunk.
 Chas. Colnell, swOrn--Am deputy |. <. Marshal; after the votes were counted happened to step accidentally | into the Supervisors office and saw MT. McDermott trying to tIe up the votes; I went down the hall ana saw Mir. Paul
 and told him tO go m and see 70 the | sealing of the ballots, 1 don't think that | said anything about McDermOtt's
 condition, We returned together, and 1 | got some sealing wax and the votes | were sealed up; dIG not see Mir. Paul touch the package; when McDermott
 was tying them mp l think that MT. | Osborn cr myself assisted iu holding
 q 'wn the package.
 Judge Chas. II. Meyer, sworn-Wss | inspector of tho last election held here,
 after the count Was completed, the tally
 list was signed by the judges and
 the clerks, handed over the tally list and poll list tO the clerk of the Board
 of Supervisors; the ballots were turned over Co Mir. Mcpermott; to the best of my knowledge he put them m the box. Cross examined-We got through the
 count beeWeen < or 9 o'clock It took two
 days and nights; there was no show to | tamper the box while if stood there; l
 completed the papers and handed them
 to Osborn between 9 and 10 o'clock; l only slept for about two and half hours
 that morning, the first sleep l had from the time the election started.
 George Hand, sworn-I am the janitor
 of the court house. 1 was told about II o'clock to see that nobody troubled the
 ballot bOx; they had completed tine
 count, but had not made the returns;
 one of the officers of election was there;
 l iOn't know who; l walked mp and
 down where the box was; don't think
 anybody touched II; II anybody had
 done so 1 would have seen them.
 rCs5-exsmined-I WAS watching the
 box about half an hour; 1 got my lunch about l2 o'clock; 1 didn't have anything to do with the election or the box; just staid there to accommodate them; was not within ten feet of the box Ht any time.
 Captain Hand gave his testimony with bis characteristic elegance and grace, and the most rigid cross-ex examination failed to sWeTye him one jOt or title | from the truth, the whole truth and | Hrr# wore a new black hat on his left fore | finger. which he twiried iauntily during | the entire performance.
 Court then took recess for few | moments to allow consultation on the | part Of counsel for respondents.
 After the recess, Judge Campbell dis | covered that the contestant desired to introduce another witness and HllgriJ | PatchO was accordingly called and sworn and tastiii as follows: 1 live at Tan que Verde; 1 am the father of Matteo PdtcLO; did not vote at the last elec- ton either for myself or my son: passed by tho polls: I spoke to Mpnuel | Martinez; l asked if [ could vote for my son, and he said for me 10 wait and he would see; then 1 went away and did not return.
 Contestant closed his case for good
 Respondent calls Ramon Guyago who was sworn and testified as follows: l was at Tanqus Verde onthe daT of elec- ti0u; I voted.
 Juige AHdersoa-Fo whom did you yote?
 Objected to on the ground that the ballot k intended to be secret, and that tue ballots are the best evidence and show for themselves.
 The CoUrt-WMle 1t may be true in point Of fact that the officers of an cleo tlcn were not swOrn, yet that does not. , ipsc flct0. where no fraud is shown. rem der the election null and void. Such . may, however, become important where fraud Is established, or where the officers , have wilfully dis0beyed the law or failed n the discharge of their duty, in deter mining whether or not the box should be tLrOwn out and the poll rejected. 1T from the returns, or evidence 6iiunde, it , appears that the voice UI the electors ,au Ee ascGItsined with reasonable cer- Iiuty, then the election will not be dis urbed I' # is shown that illegal -otes were east the court will, after | I lurgIEg the poll Of such illegal votes declare who has the majority of the csal yO,ts.
 Nicolas Scso. recalled-I voted at ra1que Verde on the day ol election.
 Juan touss Romero, swOrn-I was at [ ranIuc Verde at the day Of election .nd voted.
 Cross exlmiucI- I live on the river at 'amp Lowell a out three leagues from < larque Verde; | don't exactly remen- Der the time | went to the election but T
 think that it vas abou. 10 o'clock; I gent al0ae; l voted as soon as I got | here; ! went away soon after I voted; [ rent {" gc, breakfast; where I got k ireakfa5t was about one or two hundred ! ards from thc poles; I went home very -te; | didn't 20 anywhere else during n b day; l went home.
 Bruno Lara, sworu-I voted at Tan a Iue Verde on the day O! election. <
 l WAS born m SCuoru; an x years o Id; have been nstuialized q here, a-out K years ago; l lve at TaufIe Verde: I I eeD iI;tlo ranch.
 1guaciO De La Cuse, swOrn-I voted | ii [ Ianque Verde on the last election.
 Santiago Moreno, swO.I-I voted ai he election heli at Tauque Verde last n lection.
 Gaudalupe Martinez, sworn-I voted ~ { the election held in auque Verde. T | hat he voted a; the last election held al e GnqUe Verde. V Colrt takes a recess until p. m. \
 TUESDAY AFTERNOONS SESSION. al It Was stipulated that the statement l n [ Illegal votes alleged to have been r' ist for Paul at Quiiot,a in the amended nswer be stricken cut p Counsel for contestant moved to strike v 1t sections 9 and 10 Of the amended ol lswer on the grounds that the names al the brIbed voters are not mentioned ld as being t0o general. Ol The Court think that the aIlega. B on is entirely too general. I don't al iInk that It ls necessary that the names tr iould be specified, but I think that the hi legation should be SO specifically tt ated as to enable Co clntestor or con hi stant c. defend hImselt For instance. co It should state that at certain time .t place the contestant was seen to ve to certain person money, and SO }, and definitely state that at that time } gi.ye him ticket. and that he voted | T,