Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-02-02
THE ELECTION CASES.
Investigating the Fraud Charges in
the Eighteenth Ward.
MEN WHO VOTED FOR BRACKEN.
Attorney Brennan Claims There is No
Law Covering Primaries.
A GERMAN WHO REFUSED TO TESTIFY

A large crowd assembled at Squire
Leslie's Office on Forty.second street yester'
day afternoon, on the occasion of the trial
of the Election Board of the Second pre-
cinct, Eighteenth ward, who as heretofore
stated In THE DISPATCH, were arrested on
the charge of fraud preferred by Frank r
Bracken, candidate in that ward for Select
Councilman. Mr.. W. j. Brennan was
counsel for the accused, and William Rear
don was the attorney for the prosecution.
Mr.. Bracken was first put on the stand,
and stated that he had filed the information
on the sworn afidavits of voters who had
voted for him, and the belief that the re-
turns were not in accordance with the votes
cast.
J. F. Rivers, constable, testified to
having served all the subpenas except two;
these we're not served because the persons
could not be found. He objected to giving
their names for publication on the ground
that it might hinder his finally getting the
two persons desired.
VOTES FOR BRAcKEN.
VIM. E. Sawyer next took the stand, and
swore that he voted for Bracken. Giles
Fryer gave the same testimony. Adam
Huinagle gave the same evidence. Samuel
Neil testified to having voted for Bracken.
In reply to a question from Mr.. Brennan,
he said he had never paid State or county
tax, but that Mr.. Bracken told him it was
all right. He would pay for him.
Mr.. Mike Mulvaney, one of the election
board, was called to the stand, but Mr..
Brennan objected, and he remained silent
Mike Hogan testified to having voted for
Lydon. John F. Jones, sworn, stated he
voted for Mike Dwyer.
The last witness called was a German,
August Holly, and he created quite sensa-
tion, BY declaring in decidedly business
way, that he would not swear until he was
paid 30 cents, which had been promised
him. He kept his word, and retired from
the stand amid a general laugh, muttering
as he disappeared, "They promised to pay
me and they'll have to do it before swear. B"
Some one in the crowd offered him the
amount TO go back and swear, but he re-
fused it.
Mr.. Reardon moved a postponement OF
further proceedings in the case on account
of the absence of two other witnesses, who
were i'll. At this juncture Mr.. Brennan
asked for a dismissal of the case on the
grounds that there was no law governing
primary elections, and further asserted that
a Select Councilman was not a city officer.
Mr.. REARDoN's CLAIM.
Mr.. Reardon claimed that there was a law
governing primaries, and cited an act of
Assembly of June 29, 1881. In rebuttal of
Mr.. Brennan's statement that Select
Councilman was not an officer, Mr.. Reardon
referred to decision of Judge Ewing made
two years since in a Southside case involv-
ing that question, where it was decided to
the contrary. 81 can prove" said Mr..
Reardon, addressing himself to Mr. Bren-
nan, that these people not only burned the
ballot boxes on the night OF the election, but
the tally sheets and everything else."
Mr.. Brennan, without admitting the state
ment to be true, said that it would have
made no difference if they had, and that in
New York the ballot boxes were always
burned.
The further hearing of the case was fixed
for 4 P. NJ. on Thursday next. All of the
witnesses examined were voters in the Sec
ond precinct OF the Eighteenth ward.