St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-01-29

reading of this evidence tends to throw
some light OH this point, l shall be in |
favor of suSpending this interminable |
reading"
This met with the approval of the
senators and at the request of Mr.. |
Searles the reading ended with the
reading of the testimony Of E. Nj.
Murch. the foreman of Anderson d
O'Brien's mill. At the conclusion of
the reading recess was taken for ten
minutes.
Upon reassembling some Of the men,
berS wanted to adjourn, but this motion
was withdrawn and Fayette Marsh took
the floor and commenced the case for
MIR. O'Brien.
Argument for O'Brien.
A careful statement of the situation
and the real question at issue was made
and multitude of authorities quoted.
Following is statement of the facts ne
said:
"Our claim is just this that the bal
lots at Marine were properly preserved
and under the laws they are the best
evidence that can be furnished In this
case" Here the orator quoted the
supreme court of this state and then dis
cussed the statute of the state as it is at
the present time upon the subject of the
preservation of the ballots. Passing on
through mass of authorities Mr.. Marsh
said:
"These 81 ballots at Marine, if
counted for Mr.. O'Brien, secures his
election beyond a reasonable doubt"
The precautions thrown around the
ballot box after being counted were
narrated. The ballot box was locked,
then placed in desk that was locked,
which was in a room locked securely
and the windows securely nailed.
WAS there ever" said the speaker,
''or IS there ever a case in the rural dis
trictS of this state where ballot boxes
are more securely guarded But the
internal evidence furnished by these
ballots, for which refer the senators to
stipulation agreed upon by Mr.. SearleS
and myself, which is as follows:
Mr.. SearleS-It is stipulated that
among the ballots found in the ballot
box of the town of Marine, there are
anout forty tickets upon which there
are no stickers nor any pencil altera-
tons, including Democratic, Alliance
tickets and so-called Republican tickets.
But the Republican tickets were split
by putting in the name of j. S. O'Brlen
in place of j. N. Searles for senator 1t
Ii st pulated that there were no StickerS
found in the ballot box corresponding to
ballot eighty-six. 1t is further Stlpu-
lated that as to the remainder Of the
tickets they were altered and changed
either by writing in pencil or by stick
ers, and that the number of changes
upon each ticket varied from one to
ten, and that the majority of said tick
cts had three or more changes upon the
On hx CT
writing.
Here the speaker showed the absurdi-
ty of the charge that the ballots had
been changed. The printing, the
changes in the vote of other candidates.
Lindholm, on the Democratic state
ticket, had carried the town almost
solidlv, and numerous candidates
on the Democratic county ticket had
carried the town. Under these circum-
stances there was nothing surprising
in Mr.. O'Brien's securing such large
vote in Marine. lie had many employees
and friends, and it is fair to presume
they voted for him?
40 show you how careleSsly these
judges were doing their work, con-
tinued Mr. Marsh, Il will show you the
registration lists, on which each man
should be checked as he voted. Now,
OH that day these judges checked off
326 men, while 457 votes were cast III
that town that day. This shows how
criminally negligent these men were
Another case: These men tailed l53
votes for Mr.. Durant for the house.
They reported 1877 TO the auditor, and
his recount showed but $50 votes for
him. This shows these men were negli-
gent, and before | get through | shall
show that one of them was criminally
negligent. There was an attempt to
count out James S. O'Brien.
From the very moment recount
was talked of Mr.. hammers, one of these
Judges, raised his voice and commenced
to make charges. He knew that his
work would not stand an examination.
Not satisfied with this he has come TO
st. Paul, and has been trying to get the
ears of senators 10 fill them. He is now
in the gallery"
Mr. Searles objected to this, and de-
manded proof ofsthe charges.
II shall present my proof at the
proper time," answered Mr.. Marsh.
Here the speaker started out on the
testimony of Mr.. hammers, one OF the
Judges. In spite of the fact that this
man complained of his eyesieht, the
evidence showed that he had read nearly
all of the ballots in counting, allowing
no one else to read any of them.
"The lawlessness that produced this
state of things is the same that made
them check 1872 votes for Mr.. Durant
when they returned 1877 for him to the
auditor when he really received 1870.
Il have just this TO say, every one of
the 457 ballots cast in Marine was found
in that box, and at this recount over
sixty of the men who voted at Marine
came up and picked out their ballots.
One man claimed that he could not find
his, and it is upon this one fact
that Mr.. Searles bases his case.
The will expressed by the people
is the sovereign law and must not be
set aside"
Senator Mayo's railroad resolution
had been made the special order for IL
o'clock this morning, but owing to the
fact that this contest will consume the
greater part of the d ay in all probable
lty, motion was made by Mr.. Don
nelly to make the Mayo resolution the
special order for next Tuesday at 10
o'clock. The senate then adjourned.