The record-union., 1892-11-19
THEY VOTED LEGALLY.
Several Alleged "Stufers" Acquitted
by Judge Cravens.
Mon Shown to Have Properly Regis
tered and Then Been Employed
in Other Precincts.

Nearly all of yesterday was consumed
by the Police Court in the examination
of several persons arrested on election
day for alleged illegal voting. In nearly
all the cases the prosecution made very
poor showing. 1t appeared that most of
the persons arrested had registered as re-
siding at certain places, but that they had
been employed at various places and
slept out of their precinct between the
dates Of registration and election day.
j. w. Hughes appeared as special coun-
sci for the prosecution, and the accused
Were defended by different lawyers, W.
A. Anderson appearing for some, G.. n.
Post for others, and 9. G. Davis for
others. 1t was apparent that great in
justice had been done several OF the ac-
cused persons in being arrested, thrust
into jail and charged with felonies they
had never committed.
The case of ID. 5. Lucas, charged with
having cast an illegal ballot in the Second
Precinct of the First Ward, was first
taken up for examination. An Inspector
OF Election and one of the Judges tes-
titled, and Deputy Sheriff Strong was be-
ing questioned by J. w. Hughes, counsel
for the prosecution, when the question as
TO the residence OF the accused was asked.
This aroused NJ Major Anderson, who con-
Quoted the defense. He objected. and
opened up an argument in regard to the
essentials necessary to constitute mans
residence in the eyes of the law. Major
Anderson argued that circumstances
showed mans intent to make certain
place his residence.
Mr.. Hughes replied with an argument
that mans residence was a question of
fact, not law. and that circumstances
would show where a man resided.
Judge Cravens said a mans residence
was determined by both fact and intent,
and oyerruled the objection to the ques-
ton.
Major Anderson wanted some of the
records of the polls produced, which were
in the County Clerks hands.
In the course of time the examination
proceeded, and it was shown that Lucas,
the voter, had been a resident of Sacra-
mento for three years although absent a
portion of the time, and that he was a
resident, and did live. and his home was
in the precinct in which he voted.
This being the case, the court decided
that there was insufficient evidence to
hold the defendant. and he was dis
charged.
The question then arose as to which of
the other cases would come next, and
half dozen lawyers all submitted two or
three suggestions apiece at the same time
and lively debate ensued.
Judge CravenS thought that time was
the essence of some cases and lie gave the
lawyers until 1:30 o'clock to reorganize
their lines, while he took up the case OF a
miid-looking drunk, just to steady his
nerves.
ANOTHER FLASH IN THE PAN.
The first case taken up in the afternoon
was that OF 4. NJ. Manning, charged with
having illegally voted at the polls on
Fourth street, between X and l..
w. \. Caswell, one of the Inspectors.
testified that Manning's vote was chal-
lenged, but that he was allowed to vote
by the officers.
Manning claimed he lived at the Inter
national Hotel, and, according to Ed
Nathan, another Inspector, he made oath
to that effect.
c. Z. Wright, a clerk at tie Interna-
tional, testified that Manning was regis
tered there from October 7th to the I'D,
but he did not know whether or not he
lived there prior to that time.
Several other witnesses We're examined.
but no evidence of importance was
elected.
Attorney Hughes asked for a continu-
ance until the books of the hotel could be
examined, but Judge Cravens refused to
grant delay, saying the evidence in the
case should have been ready. He added
that the testimony given exonerated
Manning, and accordingly ordered his
discharge.
THE CASE OF W. F. DALEY.
The next case called at the afternoon
session was that of w. f. Daley, also
charged with having voted illegally at the
Third Precinct in the Second Supervisor
District. Officers of the election board
testified that the defendant voted at that
polling-place.
Hotel testified that the defendant was
registered at the hotel on several days in
October prior to the 18th, but was pretty
certain Ire had not been there since.
Questioned by Mr.. Post, witness said
he did not know he had ever seen the
defendant, but knew that some one had
registered at the hotel by the name of W .
c. Daley; he did not know that the per
son so registering had ever slept there.
Peter tlaherty, proprietor of the Wind
sor Hotel, testified that the defendant
stopped at his place from the 18th to the
9th OF October.
On cross-eXamination witness admitted
that another person arranged for the de-
tendants board, counsel desiring to show
that Daley went there to discharge GER
tain duties for another person. Witness
did not know, however, that Dailey had
done any work while there.
On redirect examination witness testi-
fed that the reason the defendant left the
house was that the guarantee for the cost
OF his board was Withdrawn.
Police Captain Bradley testified that he
had conversation with defendant in the
presence of Mrs. Ballentine, in which
Daley said he had roomed at the Inter-
national Hotel part of October, then a
week at the Windsor, and after that slept
in his real estate office adjoining the
Florence Mission on Third street.
Mrs. Ballentine was called and testified
that she did not know where DALEY had
stopped of late, only from his own state
ments to her. He said he had silent on A
lounge in his real estate Office on Third
street after leaving the Windsor. For
some six weeks prior to the State Fair
the defendant had lived at the nome of
witness and her husband.
MIR. Nathan, one of the Election Board
was recalled and testified that when
Dailey's vote was challenged he told the
board that he had registered more than
thirty days prior to the election. but had
been temporarily absent from the nra-
cinct for a few days. With these facts he-
fore them the election officers allowed
Daley to vote.
This was all the testimony the proseon-
ton had TO offer. except that of the regu-
lar clerk OF the International Hotel. Who
was sick, and the court decided to 90
.