Evening journal., 1891-02-20

EVIDENCE TN REBUTTAL.
CLOSING ARGUMENTS IN IRIS
COLON CASE.

VI L
Mr. Nields when court resumed yester-
day afternoon. TIE witness testified
that when Joseph l.. Carpenter returned
from the United States Court on election
day and said Judge Wales had told MIN
that the papers we're genuine. Mr.. Cotton
said If an opinion to that effect was pro-
duced by Judge Wales in writing the
inspector would accept the vote.
Cotton Looked Excited.
Joseph Martin testified that he was
voter ia the Twelfth Election district.
and voted on election day. he heard
Mr.. Cotton tell Captain Mitchell, about
8 o'clock on that day. to 20 to the United
States Court to ascertain the validity Of
the papers. Cotton looked excited and
angry because Mitchell had not gone to
the court with the papers. Witness
then went with Captain Mitchell to the
Federal Court, but the court had ad
jsurned He did not hear what CONVEX
sation took place between Cotton and
Mitchell Oh the lalter's return.
George Fl. Mccall testified that he
voted on November a, 1890 He heard
Mr.. Cotton ask Captain Mitchell and
others if the messenger had returned
with the papers from the Federal Court.
Captain Mitchell replied that the papers
-Tere la good hands. and would be here in
due time. Cotton looked very angry, and
said that If these parties were entitled to
vote he wanted to see them exercise
their rights.
knew OF No Conditions
Edward e Sparks testified that he was
a clerk at the Twelfth election district on
the day of the election. Over $50 votes
were cast that day When the natural
ization papers Of the Fidance we're
handed in Mr. Cotton examined the
papers and decided not to accept them. BE
would not say whether there were any
conditions made by which the
votes were afterward to be ac-
copied. The same thing happened in
the case of Mclaughlin and DeStepanis.
About 80 o'clock he heard Cotton call
Mitchell snd ask him if the papers had
been brought back from the Federal
Court. Cotton appeared provoked that
the papers were not forthcoming.
RECRUITING Testimony.
The defence here rested.
The state began 20 give testimony of
rebutal by calling Joseph L. Carpenter .Jr.
Mr.. Carpenter testified that when he
returned from the United States Court
he called DeStepanis up to vote, and then
LD1u AAAtOn WISH AAEG tAGG uhA CtdNGu
that,the papers were valid and the in
spector refusing the vote was liable to
indictment. MIR. Cotton asked If the
Judge had given such opinion in writing
which he answered in the negative He
heard Cotton say something about send
ing the papers to the United States Court,
but did not hear him say anything about
holding the votes in allegiance,
Tndva Fyalas Cal1ad
The attorney general said he would
like to call Judge Wsles to corroborate
Mr.. Carpenter as to the opinion which he
had expressed about the validity Of his
papers.
Mr. Nields opposed the introduction of
Judge Wales's testimony. The court de-
cided that the State had a right to call
Judge Wales to eoEroborate his testi
mony. particularly as the defendant had
refused to believe Mr Carpenters words.
Judge Wsles was examined and testi-
Red that Joseph L Carpenter had sub
mitted two OF three naturalization papers
to him that day. 20 pronounced them
valid, and stated that the persons pro
ducing them were entitled to vote, pro-
vided they we're otherwise qualified. He
did not remember whether he said that
the persons refusing such a vote would
be liable to Indictment. He did not re-
member whether Mr.. Carpenter had
asked him to put his opinion in writing
or not.
Frank D. Carpenter was recalled and
testified that he told Cotton that be
would Ssnd the papers to Judge Wales
Mr. Nields-s'When were you I'D
mitted TO the bari"
The Witness-"A year ago last week.
The Attorney-G eneral-"Wha ha!
that got to do with the case2'
John M. c. Forkum testified that hi
was clerk of elections in 1883, when Mr.
Cotton was judge. The vote of james
Mclaughlin was accepted then.
The jury were thea discharged unit
this morning at 10 o'clock.
Interest ia the Cotton case seemed Il
lag considerably as the final approached
for only few persons were present thii
morning at the opening Of court, and tn
court room bore a sobre appearance.
The state continued its testimony o.
rebuttal by calling Robert A. Lee VIII
was assistant judge at the -Twelftl
election district in 1888, but his testi
mony was limited and immateriaL
Arguing the Case.
Deputy Attorney General Davis the
addressed the jury saying that he wa
performing, as far as he was concerned
the last act in the drama. He went owe
the whole ground covered by Cd
testimony and at the conclusion Rske
the jury to find verdict Of guilty.
MIR. Nields arose. and addressing til
court contended that corrupt intention
on the part of the defendant was neces
sary to be proved by the state, to war
rant a conviction. The mere rejection
of the vote was not sufficient to sustai
the charge He read several authoritie
on the question and cited several cases /
point. He then addressed the jury cor
tending that there was not title Q
evidence to show that his client ha
wilfully, knowingly and unlawful
rejected the vote of Louis DeStepanis
Mr.. NieIds concluded his arguments a
- 80 o'clock
The attorney general replied for ii
state. He answered the legal conter
tions OF Mr.. Nields and cited sever
authorities in support thereof. Speah
ing to tbs jury he repudiated the ids
that he appeared as the representative I
Joseph L. Carpenter or his son. He hs
his case in hand and was getting We
under way when the court took a recess
To Dedicate Church.
The new Presbyterian chapel in Ea
Lake Park will be completed by ne,
Sunday and will be opened at 2 o'cloc
Raw DIR Worden, general secretary