Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-03-22
ILLEGAL VOTING.
JAMES TURNER AND HIS PAST
RECORD.
William Farley Discharged - Cases
to Come Up TO-Day-Gib-
sons Trial.

William Farley Discharged - Cases
to Come Up To-Day-Gib-
sons Trial.
James Turner was tried before Justice of
the Peace C. n. Post yesterday afternoon,
and held to answer in the Superior Court
to the charges of felony, in having voted
illegally at the late election The COM
planning witness was B. Lucy, who testified
that the prisoner voted at the polling-place
at Third and K Streets under the name of
James Turner. The name appeared upon
the Great Register, but the man appeared
to be much older than the age given in the
Register. His vote was challenged, and he
swore that he resided at the Brooklyn
Hotel, on Front street, between K and L
L streets, John Mooney proprietor. He
afterwards arrested the man and took
him down to the Brooklyn Hotel, and Mr..
Mooney said he did not live there, and he
never had seen him before; whereupon he
took him to the County Jail.
2. Nash testified that he was challenger
at the polls above mentioned, and chal.
ing, among other things, that he was As
years old, while the James Turner on the
register should have been 80. He arrested
the man, but the prisoner was taken away
from him by Jimmy Dwyer, Nick Dole
and others.
John Mooney proprietor of the Brooklyn
Hotel, testified that Turner never lived at
his hotel.
+ ]. c. Kelly, judge at the election, cor
/ 4ol . h., tot 81
nesses as to the swearing in of the vote
and the statements made.
County Clerk Hamilton produced the
Great Register, and referred to the original
| entry, which showed that James Turner
was registered on the Both of October, 1882.
After Turner had been held TO answer he
stated to the District Attorney that he was
very drunk on election day and was in
duced by others to vote. Besides, he said,
he had friend on the ticket that was de-
! feated, whom he wished to help. He did
not want to give the name. He also stated
that he had been in the County Jail here
once for being drunk, and that he never
slept in any house in the Second Ward.
! Said he was tramp, and when he was in
the city he slept around the barges on the
city front.
a REcoRD-UNIoN reporter hunted up his
record at the County JAIL and found it to
| be as follows:
On the 18th of September, 1882, James
Turner was committed to the County Jail
by Justice J. @. Tubbs, on a charge of petit
larceny
November ii, 1882, James Turner COM
menced to serve out term of thirty days
| for illegal noting. The sentence in this case
was by Judge W. A. Henry. 1t was after
serving out this sentence that he was regis
| tered.
On January 2, 1888, James Turner alias
Pennington, commenced q sixty days
service in the chain-gang for vagrancy,
| having been sentenced by Judge Heury
January IS, 1884 James Turner, alias
Pennington, again appeared at the County
Jail to serve out sentence by Judge Henry
of forty days for vagrancy.
After this he appears to have changed
his residence.
THE FARLEY CASE.
The case of William Farley, charged
with illegal voting, came up before Judge
Buckley and resulted in dismissal of the
complaint on motion of the prosecution.
| Major W. A. Anderson appeared as counsel
for defendant.
L. II. Mckee, City Auditor and ex officio
Clerk of the Board of Trustees, was the
first witness. He produced the records of
the proceedings of the Board on the Doth
| p,
ton, fixing the polling places. and appoint
ing inspectors and Judges. There was an
election held on the 18th of March, and
witness voted at that election. He identi-
| fed the poll list used at the First Precinct
on that day, which was returned to him
with the ballot-box on the night of the
election.
| Hiram w. Johnson, clerk of election at
| the First Precinct polls, identified the poll
| .,4a L. l. L i
| the names of those who voted at that pre-
cinct on that day. William Farley voted
there that day. He recognized the defend
ant as the person who voted under that
name. He swore in his vote, stating that
| he resided in the st. George building, cor.
ner of Fourth and streets.
l. II. 3. Nielsen, proprietor of the lodging
| house in the St. George building, testified
| that the defendants name was ON his night
register as having lodged at the house on
| the 18th and 18th of February. He had
not lodged there at any other time during
| the past four months.
George W. Ficks testified that he was
acting as Deputy Sheriff on the day of
election, and was stationed at the First Pre-
cnct polls. Saw Farley vote and heard
him swear in his vote and give his resi-
dence as the st. George building Arrested
him for voting illegally.
Major Anderson admitted that Farley
voted; that he swore in his vote; that he
gave his residence as the St. George build
ing and that he did not room in any other
part of the house except that kept by Mr.
Nielsen.
W. H. Sherburn, Judge of the election,
testified to the fact that Farley swore in
his vote and claimed his residence at the
st. George building.
Major Anderson, in his opening state
ment for the defense, stated that he would
move for the discharge of the defendant on
the testimony of the prosecution but for
the fact that he wanted his client thor
oughly vindicated. Defendant had lived
in this city most of the time for twenty
three years; had been away in Yuba
county, and was registered there but was
| transferred back to the Great Register in
this countyin time to entitle him to vote
Captain Matt. Karcher testified to having
known the defendant some twenty-three or
| twenty-four years. Had written to Yuba
county some six weeks before the election
for a transfer for Farley. Had known de-
] PENDANT as an honest man, who did not be-
long to the criminal classes.
John McFetrish testified to having sent
| for transfer from Yuba county for defend
ant Had known him for twelve or fifteen
years.
VIM. Farley, the defendant, testified that
he was 81 years of age. Had lived in Sac
ramento % years. Was a livery stable
man. Had lately slept at the St. George
building, the City Hotel, the Gleeman
House and other places in the First Pre-
cinct. He had right to vote. His name
was put on the Great Register about the
9th of February, in time to get on the sup
plement Had been engaged as night
Waterman at Tim Servers, and slept part
of the time at the stable, at Mechanics
Hotel, Gleeman House, City Hotel and st.
George, all in the First Precinct. Had not
roomed outside of these places since he
was registered. Took his meals at the
Mississippi Kitchen, in First Precinct.
Officer Ash testified to having known the
defendant, and TO his good character.
AT this point, City Attorney Hart moved
to dismiss the complaint. He said that he
was satisfied that the defendant was en-
ftitled to vote, but that he had made a mis-
take in giving his residence as the st.
George. At the same time he thought that
MI. Ficks, the arresting officer, did his duty,
as he had been furnished by Mr.. Nielsen
with a list of all the dodgers at the St.
George, and Farley was not among them.
1t was upon this tina. the arrest was made