Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1889-01-17

an irregularity under our statutes; that
The election board adjourned at noon
for dinner, and two of the judges took
the ballot box home with them to din
ner, which was another irregularity;
one of the judges left the polls while
the election was being held and went
distance to a farm house
for pail of water, which was another
irregularity. The contestee, who was
trustee of Jefferson township,
as well as a candidate for the Office of
probate. judge, and ex- otficio member
of the election board, not only had the
bad taste to sit as a judge of the cleo
ton in which be himself was directly
interested as candidate, but also pre-
sided at the ballot box nearly the whole
day and personally received from the
voters all but about half dozen of the
ballots which were cast at the eltctIon
in that township.
We also find that the ballots returned
to the County Clerk had not been put
upon string, us required 10y section 20
of chapter So Of the revised statutes,
but We're simply folded up and placed
in the envelope. All these things are
unquestionably irregularities, yet such
as under the decisions of the Supreme
Court of the State are not sufficient to
invalidate the election.
We now come to the last and most
serious question. whether or not the
election hoard in J ffrrson t0wnsh p
AID b. W.Peck. tie cOnteslee.or either
OF them, were guilty IF actual, wilful
fraud in DIES roying ballots cast for the
confession and substituting in their
place ballots containing the name of
the contestee, the only direct and posi-
tive testimony on this point is the tes-
timony of the witness A. g. Shook,
who testified in substance that he
went to the election after dinner and
found Peck sitting behind the ballot
box: that he handed him his ballot:
that at the time book or book cover
was lying over the opening in which
the ballots We're placed; that Peck
raised the book or book cover toward
the witness in such d way that the
witness could not see whether his bal
lot was actually placed in the box or
not: that the failure is see whether the
ballot in fact went into the ballot box
created some suspicion in his mind and
that he took a position at Peck's right
hand, some or 10 feet away, for the
purpose of watching him; and that
while he was watching. lie saw Peck,
in three instances, receivd ballot
from voter, pretend to put it in the
ballot box behind the book without
doing so, and that in each instance he
transferred the ballot from his right
hand into his left. and from his left
hand into his pocket; and that he,
Shook, then called the attention of two
or three individuals to the fact that
things were not going right, and re-
Quested them to watch. The poll
books and ballots returned to the Coun-
ty Clerk show that Seeds received in
Jefferson township Is votes. The tes-
timony of witnesses, who have came
before US, tends to establish the fact
that "a ballots were cast in Jefferson
township for the confession for Pro-
bate Judge. Many of these witnesses
who have testified, are unable to speak
the English language and some are
un BILE to write or read English, and
many of them had their ballots pre-
pared by other parties. The Demo-
cratic tickets USED at this election in
jefferson township had no name printed
for township officers, the township part
of the ticket being made out with the
names of the offices to be filled, but
with the names Of all the candidate
left blank. so that in each instar lce
where a Democratic ticket was voted
if the voter wished to vote for town.
ship officers, it was necessary that the
names should be written.
The evidence shows that Immediate
ly after the election a canvas. was made
of the township, or at lf3as a partia
canvas. by one Henry Hoff man, for the
purpose of ascertaining who of the
electors had voted for Seeds for pro
bate judge, and We thir.k it fair to pre-
sume from the 1vide nee which ha.
been presented 20 us that each vote
who voted or believed he had voted TO
the confession for probate judge hal
been before US and given his testimony
OF the eighteen ballots counted TO
Seeds, some have been identified b.
the parties who voted them beyond an!
question, VIII lie others have been par
italy ident' fled, and some witnesse
have testi' led that the ballots cast ar
not amo'L those counted.
1t ap pears from the evidence tina
the Witness A. G. Shook has lived TO
the past eight years in Jefferson town
shi D and has attended the elections ant
bf tn quite active and strong partisan
II politics. The total number of vote
cast in jefferson township at this cleo
tion was 1872, and it would appear tina