Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1891-01-03
GUARDED BALLOTS.
EXPOSED TO LEGAL SCRUTINY IN A
CONTESTED CASE.
The County Clerkship Involved = -Four
Precincts Counted Make . Change
of Only One Vote.


Hamilton against w. W. Rhoads, to deter.
mine which of these gentlemen is entitled
to hold the Office of County Clerk the com.
ing term, was begun in Judge Van Fleets
Court yesterday morning. Grove L. and
Hiram W. Johnson appeared as counsel for
the contestant, Mr.. Hamilton, while A. L.
Hart, G. T. Jones and Messrs. Bruner &
Bruner were present as counsel for Mr..
Rhoads, who holds the certificate of cleo.
ton. Each party to the contest was repre-
scented by tally clerk, Lincoln White per.
forming that duty for Mr.. Hamilton, and
Martin Devine for Mr.. Rhoads. Judge Van
Fleet named ]. T. Stafford and L. G. Nixon
as tally clerks on behalf of the Court.
The first step taken in the case was the
examination of the vault in the Hall of
Records, where the ballots and election re-
turns were kept. This inspection was made
by Judge Van Fleet, the parties to the con-
test, and their attorneys. Supervisor Bates
was also present. The vault was opened
ana the city ballot.boxes and country pre-.
cinct returns removed to the Courtroom.
Mr.. johnson called to the stand William
Fuhrhop and Joseph Mcclure, the ma
chinists who placed tie bar across the
vault door after the Supervisors had can
vassed the returns, and they each testified
that the fastenings of the vault were found
in the same condition they had left them.
Supervisor Bates testified to the circum-
stances attending the canvass of the re-
turns. He had, by direction of the Board
OF Supervisors, caused the vault to be
sealed, to properly protect the ballots, and
the keys thereof had since been locked in
his safe.
To Mr.. Hart witness said the returns
were placed in the vault the day following
the completion of the canvass. Some of
the returns, he said, were brought direct to
the Supervisors room and others Che sup
posed) had come from the Clerks office.
The keys to the ballot. boxes then in Court
he had procured from the desk of Chair
man Ross. They were not tagged to indi-
cate to which boxes they belonged.
Judge Van Fleet then briefly explained
the condition in which he found the vault,
which corresponded with the statements of
the men who sealed it.
Mr.. Jones here called the Courts atten-
ton to the fact that the key was then in
the paddock of one of the boxes. 1t was
found to be the box of the Third Precinct
of the Second Supervisor District.
John 'Klees, one of the men who had
been guarding the returns since the day of
election, was the next witness. He .esti-
fed that he first saw the returns in the Su.
pervisors' room. The first ones to come in
were received about midnight on the night
of the election.
County Clerk Hamilton, being sworn,
testified that before any returns were
received he requested the committees of
the three political organizations to ap.
point representatives to guard the bal
lots when they should come, and they did
so. When officers of election brought re.
turns to his Office they were directed to
take them to the Supervisors rooms; the
office deputies did not handle them The
returns were at once placed in the vault
Some of the country packages came by ex.
press.
To Mr.. Jones witness said he believed he
was present when all the returns reached
the Supervisors room.
Mr.. Bates was recalled, and stated to
Mr.. Jones that there were duplicate keys to
all the boxes, but none had been returned
by the officers of election, so far as he
knew. In capvassing the returns the
Board found the tickets from one precinct
in the envelope containing the tally-sheet
but they were not taken out.
This fact was also testified to by w. w.
Rhoads.
Mr.. Hamilton, being recalled by Mr..
Jones, said that one key had been sent out
with each precinct box. The keys were
turned over to Chairman Ross of the
Board of Supervisors. He thought he had
no duplicates in his possession. He had
ordered the boxes and locks made by direc.
ton of the Board.
Mr.. Hart at this point suggested that the
envelopes containing the country ballots
ho fret CpopaH on1 diepoood IF fhox,
were not in boxes.
Mr.. johnson thought the city returns
| should first receive attention. 1t these did
not show any material gains for the con.
testant, possibly the contest would be
dropped, and if SO, much time might be
saved.
When the afternoon session opened the
recount was commenced, and Mr.. Jones,
on behalf Mr.. Rhoads, entered an objection
to counting the returns from Isleton and
Walnut Grove and also from Antelope,
until the election officers in those precincts
had sworn to their correctness.
The recount of the ballots then com.
| menced, and Mr.. Rhoads' counsel entered
a formal objection to those headed "Citi.
zens' Republican" aud Citizens Demo.
cratic" on the ground that the vigne.tes
used were illegal.
| Mr.. johnson, on behalf of Mr.. Hamilton
objected to two ballots cast in the first pre-
cinct of the First Supervisor District, which
had been scratched with an indelible
pencil.
One or two other objections were also
entered, on all of which the Court reserved
its ruling.
The ballots of four precincts we're counted
up to the time the Court adjourned for the
day. In the first Rhoads gained one vote
| he Tod in chon
gained another in the third, and lost three
in the fourth.
The Court then took recess until this
morning