The morning call., 1891-01-10
WORKERS" TESTIFY.
Evidence in the BrOWn.DaIy
Assembly Contest.
An Ex-Guard at San Quentin Admits That He
Came Over Bent on Finding the Sack,
but Discovered 1t Not

The election contest between John F.
Brown. the defeated Democratic candidate
for Assembly of the Twenty-ninth Assem-
bly, District, and James III. DAILY the Repub-
lcan victor, was up for hearing before JUS
tees of the Peace Low and Wood yesterday.
A. j. Clunie appeared for Brown and D. S.
Dorm represented DAILY.
A large number of witnesses had been sub
penaed, mostly active political workers."
who had participated either as officials or
deeply interested spectators in the election.
They were questioned by Days attorney as
to whether they had seen any vote-b buying
on election day or any money used illegally
then. To this one and all gave emphatic
denials. These questions were brief and
brought out nothing further than the denial.
But WHEN Attorney Clunie cross-examined
them the replies were both amusing and in
structive.
George W. Pratt, now a Deputy Sheriff,
was the first witness examined. He an
swered very promptly that Sam Newman
had secured his present position for him,
and continuing said: So was present at the
Republican County Committee Rooms some
two years ago when there was shooting
serape between Billy Harrington, Martin
Kelly and others. / believe one man was
killed in the fight During the last election
L did all in my power To assist DAILY, and
urged all my friends 10 help him. During
election day l spent about 500 treating the
boys. | did not think it was my business to
enforce the law closing saloons on election
day, although | was then Deputy Sheriff.
That | consider is the duty of the police.
Neither, DAILY. CrimmnS. Kelly or the Re-
publican party gave me the 500 to spend
on election day. 1t was my own money"
SAW NO VOTES PURCHASED.
ri hot
Republicans buy votes still he did hear
that Democratic votes had been purchased
in the Twenty-ninth District. Dan Lynch,
who died last Sunday, told him that he was
offered So for his vote. The witness was
discharged from his position as 1anitOr be-
cause they thought HIM Democrat. Stole
was once a Democrat, but now claimed to be
Republican. He admitted having been
arrested for shooting at some men who tore
down election banners. Martin Kelly was
one of his bondsmen. and the charge was
dismissed. The witness declined to ans wer
whether he had ever been arrested for
beating a woman.
z. Ray, testifying that he had not seen
anything wrong, was quickly excused, and
was followed as witness by Frank Casper,
until recently laborer at the Appraisers
store. lie testified: WAS around the pre-
cincts considerably on election day. Have
been in the industrial School Was once a
guard at the House of Correction. Saw two
men in the Twenty-ninth District take two
others over 10 the Democratic stand, give
them folded ballots and some money"
A recess Tor lunch was then ordered, and
at y o'clock the taking Of testimony was re-
sumed. casper was recalled and stated:
" Have been appointed TO the Police Patrol
Service by the Supervisors. Was not APP
| pointed through kelIy's or Crimmins' infu-
| ence. supervisor Curran moved my
appointment. | do not consider my APP
| pointment as a reward for my political
| services" The witness declined to answer
| further questions as to whether he had
political pull" or not
| w. ). Russell, next called had seen moth
ing wrong anywhere on election day, and
| Nicholas Lemons testimony was of like
import Stephen Kelly, son of Martin
Kelly, was placed on the stand, but when
his identity was discovered he was dis
| missed.
NO SACK OUT ON THAT DAY.
David Moran testified, on cross-examina-
| llon: " Was guard at election time at
| San Quentin. Got leave of absence to come
| to San Francisco, and hired man in my
! place. Am warm friend of DAILY. l might
! have come over to look for the sack. Have
Worked a month since in the Tax Office.
| Would have known if there was a sack
around. Would probably have handled
| some OF 1t, if it could be had, and my serv-
! ices were needed. Would have done so will
ilngly but not to buy votes, but only drinks
for self and friends. A sack is money.
| Have seen sacks from 81 up. Met Len
non, the last witness, on election day.
! Asked him II he had seen the sack and he
asked me the same. As neither of us had
seen one, we answered each other mo-
| That's how l know there was no sack float
| ing around We would certainly have
known if there had been one. Looked
| diligently for the sack, but could not find il,
Am certain that if DAILY had had any Stin-
! lord sack, I'd have had some of it. Did not
| get any, l would have made impressions
| win II on my friends by treating them"
r. Brown, Stephen Mccarthy and d. DAILY.
the next witnesses, had seen nothing illegal
on election day. James Brown, an Intimate
friend of DAILY, was with MIN great deal
| during the election. but did not see him use
money Illegally. The witness declined to
answer through what influence he had Sc
cured position for one month in the Tax
| Office.
This closed the hearing, there being no
more witnesses in attendance and both sides
agreeing that the testimony as taken should
be certified to by the Justices on Monday
next and then sent to the Secretary of State