Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-11-08
The CONTEST CONTINUES.
Examination Of Witnesses for tn,
Defense.
THREE BALLOTS DESTROYED.
Inc Evidence Damaging To The
Defendant.

The following evidence was giver
yesterday after our columns were
closed:
= III. Havey. for the defense: He
was presiding Judge at poll one, pre-
cinct two, OF Salt Lake City, At the
Close OF the polls on the evening Of
election 1t was discovered that there
were three more ballots in the box
tnan there were names marked on
the poll list As having voted. Gould
not account for this discrepancy.
10 rectify the differences, one 'sLiber
apo and one Peoples party vote wa.
destroyed. Oneextra vote remained,
lots were cast to decide which can,
didate should lose II. The Liberal
candidate lost IL; was sure the Judge.
did not put these extra ballots In
the box, but they got there all the
same.
Albert II. Kelly, another Of the
Judges, testifiel-I wrote the worc
"voted" opposite the name Of eact
man who voted; nobody voted twice
have no idea how the extra vote.
We're cast or by whom.
James w. Cahoon: 1 live Al
South Cottonwood; did so prior te
the August election; was registra.
ton officer at that place; served q
number Of objections on person.
whose names were on the list a.
voters.
Judge Loofborough offered these
protests in evidence to show that a
registration officer had power 70
hear and determine objections t.
vote.
The Court-WeIl, suppose that q
registrar holds that a man l. moi
entitled TO vote, when in fact he
really is, what DO you think tue
effect OF such a ruling would be?
Judge Looiborough-rh There would
he no way on earth whereby he
could get his vote into the ballot
box. The court is not vested with
power 10 review the adjudication Of
the registrar.
The Court-Is there no way in
which such an action can be re-
versed?
Ju ige ACCOMMODATIONS at all.
The Court-You mean by that,
that aregistratlon OFFICER is a supreme
court all in himself, independent OF
any other court, and that there Il no
arpeal from his decision, right or
wrongs
Juuge Loofborough - The Su-
preme Court has so held.
The Court will receive the evil
dence subject to exception, but it
must be plain law in my opinion TO
make that binding.
The names Of persons stricken off
the lists by registration officer Ca
hOOn were Jacob II. Upton, Joseph
p Risley, John BONN, Hans Han
sen, Fred J. Bishop, Hiel q. Brad
ford, Thomas Burt, Richard Howe,
William Turner, Richard Gilbert,
John J. Turner, Walter II. Atwond,
Roswell Bradford, BenjaminWright,
Miller Christensen, D0nnel Shippers,
John Z. Bennion.
James w. Cahoon recalled and
cross-examined.
Mr.. Brown-Wby did you strike
Off from the registry list the names
Of certain voters?
Witness-Because when / asked
them If they were members Of the
Mormon" Church they told me it
was none of my business.
Mr.. Brown-Whato other questions
did you ask them?
Witness-I enquired, II they con-
tributed to the defense fund and
they told me that was none Of my
business.
Mr.. Brown-So, because they
would not tell you what was their
private business you struck of their
names, did you?
Witness (emphatically)-I did.
Harry Haynes: / acted as pre-
siding judge at the August election
at South Cottonwood. The reason
why the above mined persons were
MT allowed 20 vote was that their
names were stricken of the lists.
They also offered affidavits with
their bsll,ts on the second applica.
ton to vote, but were again refused;
there was no authority to reinstate
their names