Arizona weekly citizen., 1885-01-03

NOllu llhc lO IChE ll. 1ut fact is, the law itself ought to be
 changed: every judge of election ought
 to have safe Tn which to keep ballots, CHo witness)-D you have any visitors
 In your absence from home?
 Witness-Not in my bed room, where
 inc ballots were. l keep no bar-rOom
 ont there; have tSO rooms and kitchen in my house. Redirect I have
 no reason to think that anybody had
 the box in their hand except my wife. I
 don't know whether it was the day after
 or two days after election, but 1t was
 after I went back from Tucson. am
 Justice of the Peace over there.
 | Judge Anderson-We will take q
 ruling.
 The Court-1he vote will be counted.
 Judge Haynes and Lowell were ap-
 pointed tellers to count the vote.
 The count resulted in q vote of 27 for
 Shaw, l3 for Paul
 The poll and tally lists were in-
 troduced and Mir. Berger proceeded to
 tell what he knew of fraudulent voting.
 He said that a man by the name of
 Manuel Varela, age p, voted, whom he
 didn't think was R citizen. A man by
 the name of Jose Luce voted NarelA's
 name; he use to work for me and l
 always knew him by the name of Luce,
 when he came tO vote l challenged him
 but he said hIs name was Narela. and he
 voted, l had his ticket in my hand
 when I challenged him, and I saw that
 enc end of 1t WAS torn, and when l
 counted that ticket afterwards l noticed
 1t and l saw that 1t was Shaw vote,
 (witness here identifies the ticket Tn the
 bunch just counted,) l think that Is the
 ticket-I know that is the ticket that 1
 noticed at that time, l know that IS the
 ticket l lad in my hand at the tune l | challenged hIm; the ticket was folded;
 never saw the ticket afterwards, 1 think
 the man voted that tIcket, but 1 cannot
 swear to it; l am certain that did not
 tear 1t myself; don't know whether
 Jose Luce had two names or not, but
 never knew hIm by any name but Jose
 Luce; l never told Mir. kresham that I
 tore the ticket; I didn't look at that
 ticket; l was present at the counting; I
 read three or four names then 1 took
 them out and handed them to Mir. Drachman and he called them off
 The torn ticket offered in evidence
 was objected to as not satisfactorily proven.
 Witness-The man that voted put the
  and when the tickets were being counted l noticed this ticket, but didn't men | tiOn 1t at the tune to any of the other | judges; ] cant find any more tickets marked that way; the ticket was not torn as much as 1t Is now; there were no other tickets torn at the time the votes were counted except this one; I believe that man voted this ticket because I saw this mark 1 locked to see if any more were torn, and there were none; 1 don't ] know how thIs other ticket was torn, 1 unless in the wrapping up; the first 1 told about the ticket beng torn was to ] Charley Shibell; don't think I told it | to Mir. Paul, and I don't think told 1t | to MT. Appel. 1 was a candidate for | Justice of the Peace at that election: | didn't tell NIT. Airsa about the | ticket; l had known Luce for I about two years; I never knew of l Manuel Varela living around there: l I don't know but what he registered as Manuel Varela. (Iicket read subject to further testimony)
 Philip Drachman counted the votes | after the first two or three; he counted very quick, but l saw no intention tO do wrong, and l several times told him to go slower; the tally lists were the same when they were counted up, they didn't differ, but some times we was behind. Charley kresham was the quick one: I saw all Of the votes, but I could not see the names; it was candle light. The other clerk was named John T. Gailter.
 Examined by the Court-I think spoke with both of the candidates the day after election and before I sealed up the votes. 1 think that all the con- yersation l had with any one was as to this man vOting-I know that the man who voted out there was not citizen: hIs name Is not in the Great Register unless his name WAS Narela. I am a Republican but every thing must go right.
 Court then adiouraed until MonIay, December %, at 10 o'clock a. n,
 MONDAYS SESSION.
 Court met pursuant to adjournment ! at 10 a. m., Monday, December 29, 1881.
 Cameron H. King, from California, was added as of counsel in the case.
 Counsel for respondent offer an | answer to be filed, which WAS objected to by contestants counsel on |. the ground that it changes anl intro duces into the action an entirely new , cause of action.
 Coart-I would like to hear the z amended answer read.
 The amended answer wss read by [ Judge Anderson which set forth that Paul had bribed j0 electors to vote for ' him, naming one Castro, W. l.. Court ley, Peter Dozell, NenuZla Testa, Peter Hense and Victor Nuisse, ranging from !, tO ) dollars a head: and that To I gk F,r = ! otOa, also that said Paul did offer to I Jhas. Driscoll a bribe to procure his K Pauls) election, and offered to appoint ' anybody he, Driscoll, might select as q deputy sheriff in payment for his aid o n electing him sheriff of Pima county. ; Objected to on the ground that 1t is \ lew matter and that, the constestant is A untitled to days notice, winch would D De impossible in this case, as the statute h provides that the court can only ad- d ourn from day to day during the trial V 4 contested election case. II The Court took recess until ? p. m .l
 MONDAY AFTERNOON SESSION. The COurt-I want to state in conpec- n ion with this matter that am going to b How the very widest latitude in I Tobing this matter to the bottom; if ai here has been any fraud in this election n, want 1t brought to light, If there has " ot been any fraud. no one is gong to q, e injured by full and free investiga- or ion. l am going to allow that amend in lent, and l am going tO allow you, if 1t m ] necessary, to adjourn from day to day M pr a month or two months, to get at or he truth of this matter. The truth has tl ot to come out, no matter who Is hurt kr y it. a; Nicholas Soso, swOrn-I live in Sun sa eta; l lived in Tanque Verde last i'm ovember; I acted as n general officer v0 the election held there then; was VI lspectOr; was not justice of the peace; ga I'm. Oury appointed me inspector the Ss ay before election; was not sworn in: Se Ianuel Campas, Manuel Martinez, and ds anon Gigago were judges; Manuel tr Iartinez was the man that was writing: Cr one of the judges were sworn in; sil milo Carrillo was appointed after hi days after the voting: I acted ba one as officer of that election Tn my En lsIness; l have the returns and ballots be IA II. .N.