The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-12-24
THE EVIDENCE IN,
Testimony in the Napthaly
Election Case.
nISTAKES IN CALLING OFF.
The Registrar Ordered to Produce the
Disputed Ballots in Court
This Morning.

against Ben jamin f. Napthaly, the election
inspector in the Seventh Precinct OF the
Thirty-sxth Assembly District, OF frsudu-
lently calling off names during the count
was resumed before Judge Slack yesterday
morning.
The evidence was all taken and a subpoena
was ordered to be issued for the attendance
of the Registrar this morning at O'clock
with the ballots of the precinct. so as TO give
him the opportunity of refusing to produce
them and having the question tested In the
higher courts.
When the case was called Attorney
Beatty continued his argument for the
opening of the ballots. There was prac-
tically nothing to be found of similar case
in the courts here but he thought sections
1865 and 1866 of the Political Code covered
the ground.
He cOntended that these sections were
inserted for the sole reason to see that the
ballots were preserved. so that should
contest arise the best evidence possible
conld be produced in court and also to
throw necessary safeguards around the syS-
tenn of counting the ballots.
1t stands to reason that IL the con tention
of the defense was upheld Ii would be prac-
tically impossible To convict any one of
election frauds.
Attorney Henley argued that the conten-
Political Code provided fer the compu sorry
attendance Of witnesses and the production
In court OF any necessary documents.
Attorney Sullivan contended that the
Registrar occupied the same position as an
attorney and had the same right TO plead
privilege of communication. If the court
established the precedent of producing the
ballots IN court prior TO the institution OF
contest proceedings it would be most dam
gerous one and lead to greater evils than
now.
"If," he said, at is established that
Judge or his clerk can have the exclusive
control of ballots the Lord only knows
what might be done to the ballots II left for
twenty-four hours in their hands.
Attorney Thornton said that the counsel
for the Registrar would apparently rather
have man 60 scot free than that the bal
lots should be opened. He denied that the
law could be construed into making the
Registrar privileged person.
"What injury can be DONE" he asked.
| "by producing the ballots in court? Their
| production may lead TO the yindication Of
| himself"
81 am inclined" said the court, ito take
all the evidences now, and it may be suGi-
! cient 10 hold the defendant without the pro-
! duction of the ballOts?"
Napthaly, the defendant. was placed on
| the stand, and testified as TO who were pres
ent during the counting of the ballots He
had nothing TO do with the tally sheets but
| simply called off He was at no time alone
| In the booth with Mr. Brighton; watchers
| were always present.
81 had conversation with Brighton" he
said, three or four DAYS before the cleo
tion, when he informed me he had got 10 b
from Beatty TO watch our precinct and look
| out for me particularly.
mo complaint of fraud was made by
Brighton during the count j did not change
one vote from O'Donnell to Baldwin or two
votes from Scott to McDade. 1t would
| have been folly TO do il. as McDade all the
time was about . per cent ahead.
with reference TO the statement Of
| Brighton that | called off Barnes instead Of
Beatty. II Is false. Once Barnes name was
| called off by mistake and W0odhouse cor
rected me. Another time Barnes name
| was called of, but it was found that a cross
| had also been made opposite Beatty's name
| and the ballot was ruled out"
| In his crOss-examiDatlon by Mr.. Beatty
! defendant said there was only one case in
| which he was connected In calling off the
vote for District Attorney. lie didn't know
| who first corrected him.
No one except Harry Mahoney was adj
| mitted behind the railing outside of the
election officers. Ackerson tried 20, but
was put out.
During the count there was rarely less
| than three looking over his shoulder. He
| did the least calling off of any.
| At this point Mr.. Beatty asked that all
witnesses for the defense be excluded from
| the courtroom.
Mr.. Napthaly asked that the witnesses for
| the prosecution be also ordered cut.
The court made the order.
| Defendants eroSs-examin alton was re-
snmed. lie didn't know who began calling
off after the polls closed. but thought it was
| John Mccormick. There were only two
| TASKS Of whisky used in the booth. The
| money out Of the poor box was used to buy
| crackers and cheese.
He had no idea when they started count
| ing the municipal ticket. John McCor-
- NF~1
| municipal ticket. He didn't know that Far
rell. who had a bet on McDade's election
had sent two bottles OF whisky into the
booth. IF he had" said Napthaly. sit
would have been thankfully received"
| Laughter
81 never heard of an agreement between
Mccormick and me that | should call off
for Barnes and him for McDade. | am a
strong Barnes man, but never said that
tried to get votes inside the booth for
Barnes. Yes, when calling off | might say,
There's one for Billy Barnes just as when
there was one for you l would say,
blast it,"
The court-Order.
Burke corrected me once" continued
the witness. "for calling Barnes for Foote
or Beatty ana Woodhouse once. voted for
O'D0nDel. but l did not capture any votes
for him."
| He did not know il he went home with
Brighton the night the ballot-boxes were
had captured fifteen votes for Billy Barnes.
He did not remember shaking hands with
Brighton and telling him to say nothing
about it and he would get him job at the
new City Hail
John Mccormick was the next witness,
and testified that he was a Democratic
judge at the election booth. Sometimes he
was clerking and at other times watching.
Napthaly, in calling off, made one or two
mistakes, and corrections were made. They
were oVeTsigbts.
| In crOss-examination. witness said he
could not say who did the most calling off
He had no idea who began calling off the
municipal ticket, and would not be positive
that Napthaly called off most. Brighton
was there most OF the time.
| After recess Mr.. Beatty said he had
| proved his case and did not wish TO waste
any more time in examining witnesses.
Defendant insisted upon every witnes:
being examined, as he wished the court Il
see that they were all respectable men.
I'VE are quite willing" said Mr. Beatty
Ito admit their resDectability."
Upon defendant insisting the cour
| ordered the evidence TO go on.
Charles Bauer. Democratic clerk; JOIN
+. McAuliffe. Democratic supervisor Of
election; Timothy Collins, Democratic
clerk; John Collins, Democratic clerk, and
S. X. Born, Democratic clerk, were ex
amined.
Bauer was only present short time dur
ing the calling off OF the municipal tickle
and Napthaly made no mistakes while h'
was there.
McAuiffe testified that Napshaly wa
corrected once or twice during the calm,
off Of the municipal ticket. He couldn'
tell who corrected him; it was a tall gentle
man. Napthaly asked voters in a jocula
way to vote for Barnes and the witnes
stopped him from doing ii.
Timothy Collins testified that he once
checked Napthaly for calling off Barnes in
] stead of Foote and the change was made