The Helena independent., 1890-02-15
NOT A TRACE OF FRAUD.
Republicans, Put to the Test, Fail to
Affect the Vote a: Tunnel
Precinct,
But Three People Who Voted the
State Stealers Ticket at
That Point.


BuTTL, Feb. N.-lSpccinl. The rrosecu.
tion in the case of John A. Lloyd VS.. L. ID.
sullivan to-day examined its last witness
and rested and the democratio counsel be
gan the production of evidence that will
settle the fact ns 10 whether fraud existed
ut the Tunnel precinct or NOT. For two
days past Thompson Campbell has
been trying 10 oXtort ont of his
witnesses evidence that would go 10
proved that fraud had been practiced at
precinct 3i, but he has been unsuc.
cessful, candid statement of the evidence
proddcod 10y him is as follows: John Ander-
son swore ON the stand that he voted the
straight republican ticket. Two of his
countrymen, Swedes, John Ferdenon
and A. Green, were unable 10 read,
and asked his assistance in mak-
ing out their tickets. Accordingly
in the presence of the judges he marked
both their tickets for the republican candi-
dates. These ARE the three republican
votes that the judges of election returned.
With ali their efforts the counsel for the
prosecution have not been able To produce
another witness who would take oath that
he voted the republican ticket at the 3ith
precinct. Charles Ono swore that one of
the judges al the ;Ath precinct, James Nor
rison, asked him TO vote there, no matter
whether he was registered OF not, saying
damn the difference; nobody will know
anything about il anyhow"
On cross-examination IL was developed
that ONO did not know Morrison, but that
some hours afterward some one, whom he
does not now remember. told him that il
was Morrison who said that TO him.
This morning Mr.. Campbell stated that
they had been unable 20 have subpenas
served ON the thirty-iive men whom he
claims were illegally registered at
McCune's wood camp, and ON all
of the sixty-fve men who
were illegally registered at the tunnel. He
desired TO offer the return Of the subp@nas
in evidence, intending the inference TO be
drawn that the democrats had been spirited
AWAY. Judge Kirkpatrick objected, as the
return Of the subpenas without service had
no possible 5eufaR, unless the prosecution
wished 10 urge n motion for n continuance.
His objection WIS sustained and this closed
the official attempt Of the republican party
10 establish that fraud had been committed
at the tunnel precinct.
The defense came direct 10 the point.
Dennis O'Neil WIS placed upon the stand.
lie hns been n reputable resident of Butte
for seven years. Three weeks before the
election he went out TO the tunnel and re
mained there till election day, working in
the interests OF the democratic party. He
wins at precinct - all day ON the day Of
election. The deputy sheriff was
electioneering for Lloyd, and distributing
whisky, and got 30 drunk that he had 10 be
put to bed. The voting was carried on in n
tent. Witness voted and WAS handed an
Official ticket by Morrison, the ticket hav-
ing previously been stamped by Judge w.
A. Penuycook. lie went into booth and
marked his ticket folded il up and gave II
back TO Pennycook. lie was nbout tho
voting place all day. aud could
hear the instructions of the
judges 20 voters. They merely told
them TO go into the bootha. mark their tick
cts and fold them M that IL. official stamp
should come ON tho outside. In the even
ing the judges wen, into the adjoining
wooden building Ia count the votes. They
aid this ON account Of being too cold in tho
tent. The whisky distributed by the deputy
sheriff had its effect, and there was II crowd
Of drunken men about. They made 20
much noise that tho judges were
forced TO close the door and
lock it., ns the men wero
over the lower sash of the window, not
over the upper one. This paper had been
there for at least three weeks prior ~ the
day of election. by stepping upon the Gun
bnnknent, which extended around the
housc, man could See into the house.
Witness lhd done ~ himself ON n previous
occasion when the door Of the house was
locked. There wns curtain over the othor
window. Just az there always had been.
The witness was later admitted 10 this
room and Hw the judges calling of tho
votes from the tickets aud counting them
ia propI form.
james Co.eroyc was called and he proved
- be n inll-Jlooded American citizen. He
was pnuncr Of O'Ncil and had been with
HIM MI day on election d1y. Iiis testimony
conobomied that Of the former at all
points,
Cr0ss-oxaminntion failed 90 shake the tes-
tiinouy of the witnesses In any manner, and
wus mainly directed to AN attempt to con
fuse them on minor details. ns 10 whether
tine vote for or against the constitution was
ut the top or The bdttom Of the ticket, how
they folded their ballots, whether tho oil
cial stump WIS placed on tho top or the bot
tom of the ticket, and sucb unimportant
matters.
james Hogan. railroad contractor, who
has been IN Montana for nine yeurs, was
also pat on the stand and testified to sub
stantially the Same facts. The deieuse
seems 10 have found no difficulty in getting
witnesses from precinct "a, and they nre
non of excellent character. Mr. iiocla's
testimony was that everything was T.
Quoted ut the election at precinct 81 ia
legal manner.
Judge kirkpatrick thinks he will be able
70 find james Morrison, the judge with
whom Ono claims 10 hayo had the conycr-
aation alluded 10 AT the beginning of this
story. ONO was inyeigled into giving a
description of Morrison, and people who
know the latter claim the description ia
entirely incorrect. The hearsay testimony
of ONO was admitted under objection. and
will probably be stricken out unless Nor
rison can be found to confront the witpesA