Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-03-26
name is not Charles Dodge; YOU are Nor

name is not Charles Dodge; you are Nor
rissey, the prize-fighter." Morrissey then
got out of line, his arrest was ordered and
he was afterwards taken to the lock up
Hiram Johnson, Tom Fox. Mr.. Clark and
many others witnessed it.
Mr.. Anderson-Mr. Ficks, now is it not
fact that he came up smilingly with a
ballot in his hand. passed it up and said
" Charles Dodge" laughingly, and some
one cried out Ingersollism ?"
Mr.. Ficks-No, sir: it is not fact. He
came up as any other voter would, and
tried TO vote illegally.
Grove L. Johnson-Did not defendant
run when the officer attempted to arrest
him2
Mr.. Ficks-Well 1 should say he did run.
Mr.. Johnson-That's so; saw him run
myself.
Hiram W. Johnson, one of the clerks of
the election board at Precinct No. l, where
Morrissey attempted to vote, corroborated
the statement of Mr.. Fcks. He saw the
latter standing By the window, in full view
of the ballot box, the Inspector and the man
who voted or attempted to vote. He stood
there all day. Morrissey came to the polls
early IN the morning; he gave the name of
Charles Dodge. the proper number on the
register, and passed up his ballot to the
Inspector. Morrissey was challenged and
ran, and in his eagerness to get away left
his ballot. Saw him arrested in the after
noon. He came up to the polls the same
as others did who were legally qualified to
vote, gave name and number with apparent
intention of voting.
u. 5. Hyams, who was present at the
polls, saw defendant pass in his ballot and
= n N i
behind Mr.. Ficks, and corroborated the tes-
timony of the latter and Mr.. Johnson. 1t
was shortly after s o'clock il the morning.
Witness identified the defendant.
VIM. B. Hamilton, County Clerk, testified
that the name of James Morrissey did not
appear on the Great Register of Sacramento
county. The name of Charles Dodge
however, does appear. The registers used
at the city election were certified copies of
the Great Register of this county. Notwith-
standing an order has been made for new
register, the old one remains in force until
the completion of the new one.
The prosecution here rested their case.
THE DEFENSE.
Ed. NJ. Martin, who seemed to be asso-
ciated with Mr.. Anderson in these cases,
was called to the witness-stand for the de-
tense. He said he was Inspector of Eec-
ton in the First Precinct. He did not re-
member taking Morrissey's ballot in his
hand. However, as long as Mr.. Ficks and
Mr.. johnson were so positive about it, he
would not say he did not. Morrissey an
nounced the name of Chas. Dodge. Here
the case rested.
TIE ARGUMENT.
The case of Fitzgerald was first argued.
As the evidence was all on one side, there
was nothing for the defense, except to try
to convince the Court that it was sitting in
a Judicial capacity, to try the case upon its
merits, instead of acting solely as commit
ting magistrate, in case there was prob
able cause of action. Mr.. Anderson said
the authorization of a new Register in this
county on the 9th of March cancelled the
old one on that date, hence there was no
Register, and everybody and anybody
could vote wherever they pleased. He also
held that there was no legal election on
that day, as there was no legal authority
for holding the same. He confined his few
moments argument to strictly legal points
regarding the validity of the Great Regis
ter, and whether or not the city election
was legally held. He also claimed that at
this time, and in fact since the last State
election, there has been no legal register of
voters in San Francisco
Mr. Johnson, in reply to the remarks of
Mr.. Anderson, annihilated them in about
two minutes. He then turned his attention
to the defendant and the outrages TO which
this community has been too frequently
submitted. He said the defendant had
come to Sacramento with many others for
the sole purpose of aiding corrupt influences
to run our elections. He said it was clearly
proven by reputable witness that Fitzger-
aid was resident of San Francisco; that
his visits to Sacramento were like angels
visits, few and far between, and occurred
only on the eve Of an election, during the
State Fair, during sessions of the Legisla.
ture, when he could be seen working his
points in the third house. He was not
entitled to vote in this city, and at no time
had secured residence here. 1t was
clearly proven that he had added perjury
to his other crimes, for he had sworn to a
lie when he signed the affidavit that he was
not registered elsewhere in order to get
upon the Great Register of this county
He told lie when he presented his ballot
az the polls and said: " i live at the Will
lam Tell House." What better proof could
be asked than these proprietors coming up
and swearing that they don't know him,
that he never was in their house. In vot-
ing here he violated the law, for at the
same time he was registered in San Fran
~-SNO'
validity of the Great Register, either here
or in San Francisco. They are still in
force for all election purposes. Mr.. John
son reviewed the testimony at length.
Tothe utter surprise of,,everyone the Court
took the matter under advisement until
next Wednesday. 1t was supposed from
the conclusive and uncontradicted testi-
mony as to Fizgerald's guilt that he would
be at once bound over for trial. The pub
lie will anxiously await the result, as all
eyes are turned upon these election fraud
cases, and they are the topic of general con-
sideration throughout the city and State.
The feeling of the people is not in a good
condition to be tri6ed with If these men
charged with election frauds are not guilty,
they desire to see them so declared but if
guilty any attempt to defect or hinder the
course of justice will be at once recognized
and meet with the public condemnation it
deserves.
The Court adjudged Morrissey guilty,
and set next Wednesday at 10 A. NJ as
time for passing sentence. He fixed his
bail at $500. Morrissey was taken into