Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-15
TIE TRUSTEE CONTEST.
DefendsAi's answer. = Stipulation.
In The Case.

shei WAS hten Og The defendant:
Richard w. ,Ycuns, plaintiff "
Farley l.. Williams. d,f,-ni.r ~,
Comes now said defendant and an
sSering the complaint OF said plain
Llii He'd herein, denies that az moi
No. :, at said election, Willism j
Aiien, or any other person, after ~
eeiFing certlin nunibef Of fsallots
or any number OF ballots. OF ann
voter nr voters, az any other time
lid not deposit said or any ballots IN
the ballot box, or exchanye1
mem or any Of them fol
other ballots 0. ens ballot: OF
iradulentiy or Ct all deposited any
one OF said ballots in sid ballot boS
or eaeh OF the ballots, 50 alleged 10
be offered, contained the name ot
said contestant as trustee for two
I years for said ward, OF that @lrh ar
any u the bsllots thus alleged 10 be-
frauduiga;ly deposited, contained
tue name of said defer 5aut for the
same osiice or term. That saii
alieSe! tgenfT Votes OF arv vote
were Improperly counted for said
defendant, should hsSe been mon.
eriy c,s2n;si fGf said CONTESTANT
That ihe alleged misconduct OF said
Alien or any other person was such
as 70 procure the said defendant 10
be declared to be eiectei 20 sail
office or that be had MT received
the highest number Of LEGAL votes
Whereupon defendant pays to be
. NnaaHs 81 Ii a
herein REILLY Il EASE,
Attorneys r.. Defendant.
After the testimony Of Henry
Bali, ore OF the election judge. had
baen given. aud the afgument on
the admissibility Of the registration
iist, the names upon which were
marked ''voted, - had beer had, and
the list ordered admitted by the
court, as stated in our SATURDAYS
fled: ~
IL is hereby stipulated between
the parties hereto, that tho followa
Ing named witnesses wouid,ifc.Ilei
anu swOrs in this case, vrlrrtarily
testify, each Tor himself. that he
voted at poll No. ., Of the Fourth
Municipal Ward, Of Salt Lake City.
At an election he'd therein for the
election OF school trustees, en- July
II, 1889, and that the vote 80 cast
V him contained the names Of
richard w. Young for the tern Of
two years and George d. Pyper for
the term Of one year, fer school
trustees for said xaEd. That for
All the purposes cf tits action each
Of said witnesses shall be considered
by said caur. rs having - vOlun-
tirily testified, parties hereto reserv-
ing the right t. object 10 the adj
instability or competency OF said
evidence. The following are the
names OF said witnesses:
Here follow the names Of over I53
men who voted the Peoples ticket
a the poll in question. Mr.. Reilly
o1jected 10 the admission Of the evil
dence described In the STIMULATION,
claiming that the same was not
competent. and made a prolonged
argument in support Of his objection.
Tue court oyerruled his objection,
aad the evidence went in.
r. w. Young was called and 1
testified that on the day OF the clec- ]
ton in question, he noticed pile OF l
sailots on the table near the hallot I
box; 10y holding the ballots 10 the 4
light it was easy TO distinguish 4
the Liberal from the Peoples .
tickets.
George Z. Blair testified: WIS :
It the polls during the school cleo
lion in the FOnttA municipal ward .
IN July II, as checker for The PeU- 1
pie. 1 was present when Henry
Puzy came up and handel his bal I
lot 10 Mr.. Allen. He WIS challeng, I
int Allen put his ballot down by
he box. The challenge was with
iraVn and Allen then picked an
'ther b3llOt-uot tine enc handed ia
y Mr.. PuJy, ard deposited il in
he box. Ia two other STELLAR cases
ssw Allen change the ballots. /
mentioned this 10 AR Jac0is and
Judge Pyper, AMI also told r w.
Young that / thought there xGs
wrong.
NJ. ;. Wooliey tesiiiisd-I was
'ne Of the judges OF election al the
election in question Mr.. Alien pre-
idel az ouF poll. He received al
iallots and deposited them in the
OK. Early in the morning slnc
folded lOt Of ''Iiberal-'
iekeJs ani placed them on the table
rear the ballot box. | believe NJ.
Allen and Mr.. Ball assisted in this.
from Aliens c5aduct, I suspected
hat he would do something crooked
{ he got a chance, AMI I watched
lin rs well rs Icould, but being
'usy myself. I could not watch him
nueh Of the time.
The witness was handed the list of
'oters who testified before Commits
ioner Greenman that they voted for
ir. Young, and he stated that they
we're all Ieputei 70 be members Of
be Peoples party.
q. NJ. OttingeT testified that he
oted At the election IN question,
Ut was unable 10 say whether the
all0i he handed Mr.. Allen went
ltn the box or not
w. e.. Phillips-I voted at the cleo.
on in question. l gave Allen my
allOt and he held it over the box
ntil the checker said "voted' and
ot between me and the ballot box
} that [ could not see whether my
obe went in or not.
George R0mney, Jr.-l voted al
he election in question When /
'ent to the poll Mr.. Allen lad n
ailOt in ons hand and took mine IN
-. tho -,rrrAr.sf I'll .,sif0.h I :
ne he put IN the box.
Isaac Smith, voted az the cleo
on in question. When gave
lien my ballot he got between me !
nd the h0x, 50 that I could not see J
hat he did With my ballot.
=. +. rhornbcrg-I voted at the
lection in question. When | went
, the poll, Allen hal a ticket i'm hi
ght hand and took mine with bis !
n. After the checker said all
ght, he deposited the ticket which q
E held in his right hand into The !
*. He could not have deposited 9
lie ticket | gave him.
James McH-nry-I voted at the
ectiOn in question. When gave
lien my baiiot, he turned around
that l would not see what he did J
it'll my ballot.
Thomas Muir, Jr.-I gave Allen
y ballot at the election in question. !
Il ne INSTRUCTED the view so that .
,aidn't see whether he deposited /;
! the box or not.
Here court adjourned untill0a-m.
day.
This forenoon the trial Of the I
ho0t election contest was continued !
sfore Judge Zane, the court sitting /
the Office Of District Attorney
arian. 1
Junius +. Wells was placed on I
e stand by the plaintiff: voted {
poll .; as handedAi Hen my ballot 4
took IL in his night hand, and at !
e same time held another ballot in
; left haad which rested upon the I
lot box; between The ballot box n
"A ,rtuflnyy sill there Law uilt. Of I,