Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-03-24
FRED GIBS6N'S TRIAL.
DIRECT EVIDENCE THAT HE PUR.
CHASED ABBOTpS VOTE.
He Denies Buying Votes or Asking
Anyone to Vote on Elec-
ton Day.

seled and advised one Frank Abbott to
offer his vote at the late city election,
said Abbott not being qualified to vote.
The complaint was sworn to by C. R.
Henry. District Attorney Bruner con-
Quoted the prosecution, assisted by C. w.
Baker, and J. F. Ramaee appeared for the
defense.
E. II. Mckee, City Auditor and Clerk OF
the Board of Trustees, testified to the call
| ing of the election and the canvassing and
declaring of the result.
Frank Abbott testified that he voted at
the election, and was not entitled to vote.
He was counseled to vote at the LAFAYETTE
saloon by some person whose name he did
not know. 1t was person who exercised
authority there, and who he understood to
be the proprietor. The man was a small
ish man and Wore a light mustache. He
could not identify any person in the room
as the party who wanted him to vote. The
defendant sat beside his counsel with a
clean shaven face.
Witness was asked if the party referred
to offered him any money Counsel for
defendant objected to the question.
and the Court sustained the objection.
Witness stated that c. r. Henry was
present at the conversation which took
place between him and the man who
wanted him to vote. He must have heard
the conversation as he stood very close by.
c. R. Henry testified that he knew the
Lafayette saloon. Knew Frank Abbott.
Saw him on election day in the Lafayette
saloon. A gentleman came in and asked
Abbott if he didn't want to vote. 1t was a
small man. Had never seen him before.
He was asked to look about the Court
room and see if he could see the man in
the room. He pointed out the defendant,
Fred Gibson, and swore positively that he
was the man. Abbott expressed some
| doubt about being able to get in his
vote, but defendant gave him card with a
name on and told him to go and vote, and
| it would be all right. Abbott went out and
voted. Defendant followed him and saw
him cast the vote, and then returned to
the saloon. Abbott came back to the sa-
loon right after him, and defendant paid
Abbott 81 50-a silver dollar and half
dollar piece.
| Mr.. Ramage subjected the witness to a
| rigid cross-examination, going over his life
| from the time of his birth in PHILADELPHIA
to the day of election. He inquired partic-
ularly about the places witnessed stopped
during the five weeks before the election.
He was right close to Abbott when the de-
| PENDANT procured him to vote The Dis
trict Attorney and c. w. Baker had spoken
to him about the case. The conversation
which resulted in Abbott's voting, as de-
scribed, took place in the Lafayette sa-
loon back of the stove. There were two or
three strangers there at the time. He had
met Abbott about a week before, and lust
happened to meet him again that day. He
had been in the saloon half a dozen times
before. He denied positively that he and
Abbott had concocted any scheme against
Gibson, or that there was any collision be-
tween them. He did not bring this COM
plant in any hope of getting off from the
charge against himself. He had told what
he knew in the hope of helping Abbott,
but the latter had already been sentenced
to three years in the State Prison. and he
could not save him, but he would not 90
back on his word. He had already in
| formed the District Attorney about this
case, before he and Abbott were sentenced.
He had found out Gibson's name by in
| quiring of other prisoners in the Jail.
Frank Abbott was recalled and recited
| the conversation in regard to his being in
duced to vote. The man who wanted him
to vote told him to go and vote the name
he gave him and it would be all right.
| The man gave him a card containing the
name age and residence of the party on
whose name he was to vote. He told him
to take the card and study the name and
vote it and make no mistake. There was
no collision between him and Henry in
regard to the complaint.
Mr.. Ramage cross-examined witness
closely. He said that he received 81 so
| for his vote. He came here with the cir
Gus that was on the corner of Tenth and o
streets. Since then he had been in Jail
most of the time. Had not stated in his
examination before Justice Post that he re-
ceived 81.
On redirect examination he said that
attorney Ramage had visited him at the
| Jail and asked him some questions He
had there told Ramage that the man who
hired him to vote was the proprietor of the
Lafayette Saloon. He did not know this
before he was arrested.
| On this evidence the prosecution rested
Jay Z. Brown, Deputy District Attor-
ney, was the first witness sworn for the de-
| Tense. He testified that be was present at
| the examination of Abbott before Justice
| Post and heard Abbott's statement He
then said that he voted illegally was in
duced to vote by some man be did not
know, but thought he would know him
again if he saw him. He thought Abbott
Fred Gibson, the defendant, testified that
he was the proprietor of the Lafayette
! Saloon. Had lived in Sacramento off and
on for twenty years. He did not know
Abbott, and did not know as he had ever
seen him before. He denied having any
| conversation with him about his vote. To
| his knowledge, he never saw c. r. Henry
before.
| On cross examination he said be did not
| take any more interest in the election than
that he would like to see the ticket win.
he did not, to his knowledge, ask anybody
| to vote on that day. He was in and about
the saloon all day, and saw a good many
people in the saloon. The men-Abbott
and Henry-might have been in there. On
the day of election he wore a mustache. 1t
was black. He had it shaved off two DAYS
ago. He did not pay anybody any money
for voting on election day. 1t was about
seven months since he shaved off his mus
tache before this time.
Justice c. n. Post testified that the ex-
animation of Frank Abbott was had before
him. He could not say positively what
Abbotts statement was. He thought Alb
bolt said then that he received 81 for his
vote. There were nine defendants who
made statements, and he could not recol-
lect what the statements were. They were
somewhat confused in his mind. He was
not positive that Abbott stated that he re-
ceived 81 for his vote.
Mr.. Baker argued the case briefly for the
prosecution. He recited the evidence, and
said that there could be no doubt that the
defendant was guilty under the testimony.
One man swore positively that he was
hired to vote, and received 81 so for voting.
Another man testified that he heard the
bargain made and saw the money paid.
There was no contradiction in the testi-
mony, and all that had been set up by the
defense was general denial.
Mr.. Ramage demurred to the complaint,
on the ground that it did not charge pub
lie offense. He was surprised that Mr.. Ba-
ker should ask the Court to convict the
defendant on the testimony of two vaes.
They had been arrested ard placed in the
County Jail, and there concocted a scheme
to convict Gibson, in the hope that they
could ease their own punishment
in some way. He asserted that their
testimony was contradictory. He recited
the testimony of Abbott and Henry to show
that they were simply Migrants The pros
ecntion had made out no crime against Mr..
| Gibson or anyone else. He objected TO the
complaint on the ground that il did not set
forth the call for the election and that it
was sworn to before a Notary Public. He
urged that the Court must act under the
same rules as jury, and must be satisfied
OF the defendants guilt beyond a reason