Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-03-29
RUTAN IS DEFEATED
In His Case Against the Allegheny
Election Board officers.
SPECIAL PLEADERs IN THE COURT.
Councilman Rudolph May Sue the Senator
for $4,000 Damages.
AUDITOR MKIRDY HELD FOR TRIAL


Charles Finney, members Of the Primary
Election Board Of the Third district Of the
Fifth ward, Allegheny, with fraud in the
election of delegates to the Second Legis
lative Convention, came up before Alder
man Schellman, of Manchester, last night.
The hearing, or rather the farce, lasted 70,
q couple of hours, and was finally disposed
of by the Alderman Diminishing the case.
Attorney L n. Patterson appeared for
the prosecution and Attorney D. E. Patter-
son for the defense. Routh and Finney
were present and Attorney White said he
represented Oliver, though Oliver had
never been arrested.
The hearing all through was boiling over
with amusing incidents. At any time 1t
was hard to tell who was the Alder
man, or who were the attorneys
Councilmen Lowe and Rudolph, two
opposers of Rutan, were present, and
| they never missed chance to get In q
stroke for the defense. The room was filed
with boys and men who seemed to lean to-
ward the accused and from all corners of the
room would come opinions on certain ques-
tions brought up.
At one point in the case one ofthese hust-
lers jumped up and told the Squire that there
| was nothing left for him to do but dismiss
the defendants. The Alderman seemed to
turn his thoughts q little in that direc-
tion and the crowd saw 1t. Soon after
| there commenced rather system
attic scheme to carry the idea into effect. A
little after this it was found necessary to ad-
iourn for several minutes while a derelict
witness was hunted up. The nti-Rutan
contingent took advantage of the lull in the
tribunals business, and several of the more
fluent takers gathered around the Court.
Earnestly they talked to him, and evidently
their talk had effect, for soon after the
hearing resumed the Magistrate dismissed
the defendants.
The case opened with Mr.. L N. Patterson
calling Select Councilman Lowe to the
stand. Mr.. Lowe at first refused to testify
unless he was guaranteed his witness fees
l.. N. Patterson-Well, I'll ask the Alder
man to swear you and if you don't answer,
I'll have you indicted for contempt
MIR. Lowe-Well, don't propose to come
here for nothing. I don't care for the Sc
cents, but I mean to have it. Go ahead,
but I give you notice now, want my fees.
Producing the Credentials.
Mr. Lowe was then sworn and at the re-
quest of Mr.. Patterson produced the creden-
tial of John Dittmore as delegate from the
district in question to the Second Legisla-
tive District Convention. It was signed by
Routh, Oliver and Finney, and transferred
BY Dittmore to Councilman Rudolph. 1t
was written by the same hand that signed
the name Routh to it.
D. F. Patterson said, with smile, 'That's
the one you proposed to show MI. Rudolph
filed out,
John Dittmore was called next and in re-
sponse to questions said he saw Routh tax
ing tickets at the window. He took the
tickets of both Democrats and Republicans.
There was an agreement between the wit
ness and James Neely, his opponent, to
allow everyone to vote. The witness did
not tell Routh to take the votes Of Demo-
Gratis or tell him of the agreement.
Mr.. Patterson wanted the names of some
of the Democrats who had voted. Mr. Dit
then stated his inability to tell Democrat
from Republican. He finally said he
would rather some names were gotten from
the other delegates first
Mr.. Patterson insisted.
Mr.. Dittmore-Well, won't give the
names of Democrats who voted at Repub-
lican primaries to have them put in the
papers.
MIR. Patterson-Don't you know more
Democratic votes were cast at this primary
than at any other.
Mr. Dittmore-No, sir; saw more cast
for you when you run for school director.
Saw No Democratic Workers.
Mr. Patterson-Didn't you see men vote
there who are known as Democratic workers
and members OF Democratic clubs?
Mr. Dittmore-I saw no Democratic
workers there.
A long quibble as to what constituted a
Democrat ended in the witness retiring
without having given much satisfaction.
Mr.. Patterson then asked for an Attach
ment for James Nicely, Dittmore's oppo-
nent, who had been subpenaed and refused
to come George Cramer, Edward Car
penter and William West had not been sub
ppnaed, and MI. Patterson asked for a con-
tinuance until he could get his witnesses
Mr.. Routh, one of the defendants, here
said: 81 don't propose to come down there
to suit Mr.. Rutan. I am not in politics and
do not want notoriety, as I am not after
office"
Mr. Lowe suggested as the prosecutor was
not present the alderman should mon suit"
the case.
Mr.. Rudolph volunteered the information |
that they could not make member of the |
Election Board tell how man voted; the |
law prohibited it.
Many other suggestions were made, and |
all hands discussed the situation.
D. F. Patterson, for the defense, finally |
objected to an adjournment and asked for |
the defendants discharge, as there was no |
testimony against them.
Couldn't Get a Continuance,
/, N. Patterson wanted a continuance tn |
get his witnesses, and long argument |
Constable Roll was started out with an at |
to bring in Neely, the defaulting
witness. He was at work as a !
bartender nearby and was soon
brought in. He repeated testimony as
to Cramer's attempt to get on the election
board. AS to Democrats voting he could
not swear to any mans politics. He saw
many that were known as Democrats. He |
also saw bottle passed into the room, oc-
cupied by the board, after the polls were
closed, but he couldn't say what was in it.
On cross-examination he said he had chal-
lenged none of the Democrats, and some of
them voted for him.
This ended the testimony, and I. N.
Patterson agained asked for continuance
The counsel for the defense objected and
asked for dismissal of the defendants. The
general debate was then opened and every
body in the room got in word, when they
could. The mob pressed around the Alder
mans bench, telling hin, why he should
dismiss the defendants. He finally decided
they were right and ended the pandemonium
by granting liberty to the men.
After the case was decided, it was
rumored that Councilman. Rudolph would
anter suit aooinet Mr. Rutan for S10 mn |