The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-14
THE SCHOOL CON TEST
The Case Of R. W. Young vs.
P. L. Williams Now On.
THE DEFENDANTS ANSWER.
Testimony to the Effect that Ballots Were
Changed-The Big List of Witnesses
The Stipulation.

The case of r. w. Young VS.. P. L.
Williams, involving the title to the Office of
school trustee of the Fourth municipal
ward, was taken up yesterday, the plaintiff
being represented by j. L. Rawlins, while
Reilly & Kane appeared for Mr.. Williams
The complaint has already appeared in The
HERALD, and the answer is as follows:
Richard w. Young, plaintiff, VS.. Farley
l.. Williams, defendant. Comes now said
defendant and answering the complaint of
said plaintiff filed herein, denies that at
poll No. 2, at said election, William j. Allen,
or any other person, after receiving a GER
tain number of ballots, or any number of
ballots, OF any voter or voters, at any other
time, did not deposit said or any ballots
in the ballot box, or exchanged them or
any of them for other ballots or any ballot,
or fraudulently or at all deposited any one
of said ballots in said ballosrbox or each of
the ballots, so alleged to be offered, con-
| tanned the name of said contestant as trus-
tee for two years for said ward, or that
such or any Of the ballots thus alleged to be
| fraudulently deposited, contained the
name of the said defendant for the same
Office or term. That said alleged twenty
votes or any votes were improperly
counted for said defendant. should have
been properly counted for said contestant.
That the alleged misconduct of said Allen
or any other person was such as to procure
the said. defendant to be declared to be
elected to said Office or that he had not re-
ceived the highest number of legal votes
Whereupon defendant prays to be herein
dismissed and fix his costs herein.
REILLY & KANE,
Attorneys for Defendant.
HENRY BALL
was the first witness called. He testified
| acted as one of the judges of election at
the election of school trustees in the Fourth
municipal ward on July il. last. The other
judges were w. Allen and Mr. Woolley
My duty was to write the word ''voted"
after the names of the voters when they
deposited their ballots.
The witness here identified the registry
list used by him, and stated that it was in
the same condition as when it left his
hands, except that the name of F. c.. San
some had been entered and F. G.. Samson
stricken out, on account of an error in
| spelling the name.
| Mr.. Rawlins offered the list in evidence.
Continuing Mr.. Ball testitied-On the
day of the election Mr. Allen received all
the ballots and deposited them in the box
, THE STIPULATION.
, Mr.. Rawlins then proceeded to read the
{ following stipulation: ~
/ Ii Is hereby stipulated between the par
| ties hereto, that the following named wit
nesses would, if called and sworn in this
case, voluntarily testify, each for himself,
that he voted at poll No. 3 of the Fourth
municipal ward, of Salt Lake city, at an
election held therein for the election of
school trustees, on July IA, 1890, and that
the vote so cast by him contained the
names of Richard w. Young for the term
of two years and George d. Piper for the
| of fnr, tr,e e..
said ward. That for all the purposes of
this action each of said witnesses shall be
considered by said court as having so vol
UNFAIRLY testified, parties hereto reserving
the right to object to the admissability or
competency of said evidence. The follow
Ing are the names of said witnesses: j.
J Fewson Smith, jr., B. F. Thornburg, James
Maxwell, J. j. Woodruff, w. j. A. Tins,
r. w. Young, F. S. Richards, T. G. Web
Der, James Sharp, w. A. Romney, r. F..
Manning, J.. S. Wells. T. w. Sloan G. b.
F. Wells, James Sabine, G. M. Ottinger.
John Sheriff, H. J. Romney, Thomas
Webb, VIM. G. Phillips, r. G. Savage,
George Opensnaw, ST.. H. M Wells, C. j.
Ross, j. d. Spencer, G. e. Romney, r. S.
Wells, James Openshaw, James Sabine,
jr., j. w. Maynes, P, T. Nystrom, James
Saville, w. S. Romney, H. Young. F. w.
Simmons, DIV. Owen, George Romney, jr.,
James Squires, w. S. Owen, J. l. Williams,
j. j. Murphy, t. j. Mcintosh, o. T. Rog,
ers, T. D. Taylor, T. N Olsen. G. +.
Sawyer, David Nelson, Joseph M Rom
ney, r. b. Williams, N. Y. Schofield, j. d.
Owen, Hyrum Smith, L. R. Wells, Alex.
Pringle, Henry Puzey, J. M. Piper, w. M.
| Williams, John Muir, Thomas Muir, ST..
w. M. Ottinger, w. w. Mccullough, ny
rum Salisbury, Thomas Radon, John
Nicholson, jr., w. G. Patrick. Thomas
! Muir, ir, o. p Pratt, A. L. Paul, w. D.
Owen, C. j. Reynolds, John Mccullough,
D. t. Murdoch, w. F. Neslen, j. H. Sain-
ger, ST., John Sharp. ir., L. r. D. Watson.
F. O. Webb, ]. v. Smith, George H. Smell.
Evan Morgan, c. A. F. Orlab, B. S. VIII,
son, T. F. Thomas, jr., w. j. Tuddenham.
J. f. Smith, ST., Josiah Saville, E.
H Pierce, w. j. Willes, j. M. Scott
William Timms, w. Rogers, James M
Nicholson, L. A. Mulholland, Thomas
! Moss, Charles SAMSON, j. P. Olsen, A. J
Oliver, w. r. Pickering, John Starry, John
| Thomas, Robert Rocket, w. G. Squires.
George Openshaw, jr., James Peacock.
w. 2. Westwood, S. r. Mulholland, John
Mayberry, w. S. Neslen, B w. SANS
H. WWoodmansee. H. c. Wallace. George
White, A. r. Wright, j. w. Wright, Alex
Winward, ]. w. McHenry, Robert Patrick.
ST., Almado Pratt, G. L. Rogers, w. o.
Ridges, S. p Teasdel, J. j. Toronto. II
Robinson. p. M. Robertson, John Oloren-
shaw, M. S. Woolley, Henry McEwan,
Joseph Olorenshaw, H. G.. Whitney, w. II.
Rowe, Robert Patrick, ir., w. C. Spence.
DYKE George D. Piper, Samuel Turnoow
Mr.. Riley objected to the testimony
of the votes on the ground that it was not
competent, and made an elaborate arpu-