The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-02-19
ANOTHER DAY OF TALK
Mr.. Campbell Reviews Some of the
Testimony and Judge Kirk
patrick Talks for
His Side.

mcnt today until u few minutes after 3
O'Clock this afternoon. His entire arR,s-
He was followed by Judge kirkpatrick
who occupied the remainder of the after
noon i'm speaking for the defense. To-
morrow Mr.. Cotter will speak for the
defense and will no llowed by Mr..
Campbell i'm u closing argument.
Mr.. Campbell enlarged ON the apparent
fact that Ia men had been voted in gangs
alphabetically. He read ths, list of names
on the poll list and showed that The Judges
and clerks voted first and followed with
by those with b, and so ON down through
the alphabet. Mr.; CaInphs.ll declared this
OF the ink. He claimed thai. silent wit
nesscs imI,each more readily than the
names OF Keefe and Anderson show that
tie and with the same pen. Vet they were
wards in the nigh. time: Snow isi us see."
continued Mr.. Campbell, show
these, silsn, w~isnss:ss are boI-
T 1!T vote in gangs slphahesisally IS an im:
possibility. How could MFR. Pennycook so
control ia men, ]; this sM~spieio.sE Tha;
to have been made ont. nor does il cor
rcctly show i'm what order tho men voted.
the foot of the list have testified that they
voted early i'm the morning. One of tho
Judges is shown To have been e~lectioneer-
within the polls. O'Reagan. one of the
judges, IL shown To he only a few miles
Brought tsS.n nn"i Ss..r AZ" We S. Sav "af him "H here "T Sas
we have his signature. There are only Nj
ballots missing from the number sent 20
Mr. pcnnycook told hin. ut
was n stormy day. wonder IL the
stormy day ~, blew n Ia away mat many. ,S When r..
polls. They must have kept n Close,
watch ON that one poor little %nallot, and
fr"nsicaiiS rushed Sut. and posted
up another. What about this stamping of
ballots? What were they stamping those
when they should have been counting?
We have according to these returns.
the legislature. Bray received five votes,
and two republicans received two votes
each. Yet we have Testimony that thrss.
men voted the straight republican ticket:
There, were three others who voted
almost a straight republican ticket. maxi
ings six rSp.6 , votes on the leg isia,,ve
straight republican tickets. This return
is unworthy of belief and not Ht evidence,
objections made by tho gentleman are un-
tcnable. We have alleged fraudulent
votes out there and tina, throws discredit
ent On the defendant to disprovc the
claims of fraudulent votes. but that has
not been DONE
Judge fitzpatrick then began his arg,I-
mcnt. saying: II shall confine myself to
:: few legal propositions and shall bc very
s sE'sl. M Isa Sosser. f. fuller .sy Si-s sSs%s 81 i1 the
testimony and facts. Mr.. Campbell has
. %ass ;h ss. eo s,rIn Ssvs % B%sn mase. r wa al.
however. surprised to find running
through his whole argument "a sort of in
properly before your honor. The first
thing 10 ascertain il the issuc-what is
material. what is immatcriai, The resort
- -. Ia. H.. s.x .. q. At". IL s...I an .s,n
side and the defeuses on the other. MIR.
Campbell seems to think the pleadings of
nobody is to be hound by his sworn state
mcnt in court IA to what he claims. But
from the earliest times men have been
first issue raised by the .pleadings is
whether or not there were legal returns
from pieclnet "a. We have had discus
the genuine signatures OF Judges and
be n legal and valid return; IL is a waste
of time to discuss that. II admit that i'm
case it appears that illegal votes have
IL stands admitted on the valid and legal
returns that Sullivan received n majority
votes. 1 am cartins away the driftwood
to get at the issue. 1t is admitted upon
the pleadings that upon the alid returns
Office by a majority Of % votes. That is
not a question that goes to the bottom of
TINS controversy; nut IL sHOWS
the prin0 .Jdcie right to the of
flee and throws on MIR. Lloyd
the responsibility of proving that n nuTn-
her OF Illegal votes were cast To change
the result. IT Mr.. Lloyd showed INSULT
cient evidence of such illegal votes. the
judgment would at once go To Sullivan OH
q prima facic case. Another issue Is
raised on the question whether the certih-
ate OF election was ri0htfully issued t.
Mr.. Sullivan by the county clerk. IL is
claimed that the clerk had no light to
issue this certificate. But the authority
WAS given him by the decision in the man
dainus proceedings. This certificate
gives Mr.. Sullivan another prima facit
title To the place.
This brings ms to the merits of the case
all that is material to discuss. II is al
legged that "a illegal Votes were east at pre-
cinct "A; that they were non-r .sident. But
that position was VIII lily abandoned and
moth ng said about il during The trial
HUT i'm the rep ication MIR. Campbell al
leGcs that at pi ccinct "a, 100 Votes for Sui
Ivan were east Ivy ILLEGAL voters, because
they had not taken the oath to supper
the constitution. Rut that matter ha,
been already argued before your honor oI
a motion and has been decided. Now
comes the real issue. It is claimed tina
there were at these two precincts. ~ ari'
"A. l5D or mr~sa votes east by voters VIII,
had AMPLY declared their intention of b.,
coming c.tz ms, q d Ia. { he de I ration
w..rs. ,sss" " ,epNtis~ AWAY from the of
flee; and that the deputies had no author
NV A. - ".,'t~'' ',eIr ussths were no
snr,.A nm tho r,tn,tos A..,,, For IN