Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-03-26
ILLEGAL VOTERS.
JAMES MORRISSEY CONVICTED
MAKES NO DEFENSE.
Against William T. Fitzgerald
Why the Delay?

The examination of w. T. Fitzgerald,
charged with unlawfully voting at the
recent election in this city, came up for
hearing before Justice of the Peace Davis
Saturday at 10 A. M. This individual was
arrested upon complaint sworn to by
John f. Ramage and taken before Justice
C. n. Post. Fitzgerald, it is said, was
afraid justice would be done him before
Judge Post, and he asked for and secured
change of venue to the Court of Justice
Davis. Why he asked this change is not
yet apparent, but it is limited that it was
made at the suggestion OF the parties who
imported such men as Fitzgerald for cleo
ton day.
When Justice Davis called Court to
order the number of spectators was so large
that he Immediately adjourned to Depart
ment One of the Superior Court.
The case of James Morrissey, another of
% the gang" who was arrested for attempt
ing to vote on election day on the name of
Charles Dodge, was tried at the same time
W. A. Anderson acting as attorney for the
:. San Francisco gentry he claiming that
the points he proposed raising in defense of
both were identical
Fitzgerald occupied chair in the Court
room just behind his attorney He is a
short, heavy-set, thick-necked individual,
hair cropped a la San Quentin, s" wears a
red mustache, has a ford complexion and
very red nose. He would not take first
prize for good looks at a Sunday-school
convention, but would be the envy of the
kids on any race track in the world.
He seemed to be pretty well posted in mat
tiers relative to registration and election
laws generally, and frequently whispered
hurried suggestions to his legal adviser
He looked more hopeful than did his attor-
ney, the latter no doubt realizing that he
had no case.
Morrissey is quite the opposite in APP
pearance to his partner in the illegal voting
business. He is dapper-looking young
fellow, was dre@.d with great ere, his
toilet was perfect, denoting the fact that he
had at least spent fifteen cents with a
tonsorial artist before putting in an appear
ance at Court. He wore a neat-fitting suit
of dark clothes. From one of his coat
pockets a red silk handkerchief was cum
| ningly pulled out couple of inches and
arrayed as artistically as does the steward
at first class hotels their napkins in gobets.
He wore a silk tie that was a sumner, and
included in its manifold colors all the hues
of the rainbow. On his left breast he
wore " satchet bag" made of pink silk
and scented with the ottar of roses, that
made the air redolent with its sweet odor,
and knocked completely out the loud
smells that came creeping up from the
jailyard below. He would be taken for a
- masher any where, and no doubt that
is his regular ' Frisco" business, that is,
if he has any business at all.
The evidence was first taken in the Fitz-
gerald case.
The people were represented by Deputy
District Attorney Brown, Grove L. John
son, W. H. Beatty and c.. W. Baker.
]. f. Ramage, the complaining witness,
said he knew the defendant by sight. Saw
him first on election day at Three-and-
a-half Precinct, Ninth and ] streets, where
was acting as one of the clerks of the cleo
ton. Defendant came to the window. pre-
sented ballot, gave his name as William
Thomas Fitzgerald and said he lived at the
William Tell House His ballot was taken
by the Inspector and deposited in the bal
lot-box. A poll-list was shown witness
and he recognized it as the one used in
Three-and-a-half Precinct and his entry of
the name of William Thomas Fitzgerald
when the latter's ballot was presented and
voted.
Mr.. Anderson objected to the introduc-
ton of poll-lists or Great Registers, claim
ing that there were none of the latter in
force, and there had been no legal election
held on the date specified in the complaint
These objections were overruled.
Frank Miller, Cashier of the National
Bank OF ID. o. Mills, was placed upon the
stand as writing expert. Two certificates
| signed by Fitzgerald when he was regis
tered both in Sacramento and San Fran
| cisco were shown him and he said there
was no doubt but that the same individual
had written both. Mr.. Miller has been
connected with the bank and had twenty
three years experience in exporting sigma
| lures.
o. A Tolle, Deputy Registrar of San
Francisco, was next called. He produced
the affidavit signed by the defendant when
| he was registered in San Francisco, and
which registration remains uncancelled 10
this day. The number of the affidavit was
| ISL, and showed that William Thomas
Fitzgerald was 30 years of age, native of
! the State of California; that he resided at
| No. 715 Howard street, between Third and
Fourth, on the third floor, room 81: that
be was clerk by profession, and that he
had resided in the State six months, and in
the precinct 80 days prior to the filing of
| the affidavit.
E. H. Mckee, City Auditor. testified to
the fact that the city election had been
regularly called and in accordance with
law. He produced the record book of the
Board of Trustees and read the order re-
lating thereto. He said the electisn was
regular in every respect and that the Third
| Trustee had taken his seat and was acting
with the Board in an official capacity.
MIR. Anderson objected to all this testi-
mony, stating that he proposed to prove in
| argument that there was no legal election
held as stated. His objections were over
ruled and he took an exception.
| Mr.. Tolle was recalled and said Mr.. Fitz-
| gerald registration was in force at this time
at San Francisco and if there was an cleo
ton held there to-day, tomorrow, or next
week he could vote in the precinct where
he is registered"
VIM. B. Hamilton, County Clerk, pro-
duced the affidavit made by VIM. Thomas
Fitzgerald when he applied to be entered
upon the Great Register of Sacramento
County on the Oath of January, some two
months ago. He said he was 33 years of
age, a native of California and resident OF
| the Third Ward He said an order was
passed March 9Th by the Board of Super
visors to make new Great Register of Sac
ramento county.
| John Barrett, the inspector OF the late
election at the Third Precinct, recognized
the defendant Said he voted on the name
of Vim. Thomas Fitzgerald in the afternoon
of election day. Mr.. Ramage was acting
as clerk at that time.
Ben Steinauer, proprietor of the New
| William Tell House, stated that he had
been conducting that house for two years
past. He did not know the defendsAat, and
felt quite sure that the latter had never
eaten meal or occupied room under the
roof of his house.
| Mr.. Nuttig stated that he was proprietor
! of the old William Tell House from DC.
tober IS, 1887, to February %, 1888. He
did not know the defendant The latter
never had stopped with him.
Mr.. Steinauer, the successor of Mr.. Nut.
tig in the proprietorship of the old William
Tell House, testified to the same effect
The defendant was total stranger to him
NJ. ]. O'Reilly. deputy in the office OF
the State Controller, said he had known
the defendant since about 1880. Had
noticed him in Sacramento fair weeks and
during sessions of the Legislature. Knew
him to be a resident of San Francisco
w. W. Roads, Deputy County Clerk, said
he took Fitzgerald registration. He said
| asked him if he was registered in any
other county, and if he had answered that
he was, be could not have been registered
here until the other registration was can
oelled. | am satisfied asked him all the