The record-union., 1892-11-19

tIeTe anu take MS testimony at later
hour.
Halls statement was procured, and the
case submitted and taken under advise
ment.
THE CASE OF 4 LABORER.
The next case taken up was that of Cor
nellus ODonnell, the charge being that
he voted illegally at the Fourth and X
street polling-place. He was defended
by w. y. Anderson.
Messrs. Caswell and Nathan of the
Election Board testified that O'Donnell
voted after having been challenged. Ma
IMAM testified that he was allowed to vote
on his statement that he had been few
miles south of the city at work after he
| had registered thirty days prior to the
election.
1t was shown that the defendant had
registered as living at the international
Hotel, and the prosecutor rested.
James Welch, one of the witnesses for
the defense, was called. Mr.. Welch is a
farmer. residing near FreepOrt. He said
ODonnell worked for him the last seven
days before the election. He left his place
on the morning of the election to come to
town to vote. O'DOunell had worked for
a neighbor of witness last spring.
Thomas Coleman, a farmer, testified
that he had known O'Donnell for three
or four years, and the latter had worked
for him long time. Defendant had lived
IN the county for several years. He
worked for the witness a few days before
going 10 Mr.. Welch's place.
1t was here admitted that Clerk Hall
of the International Hotel would testify
that the defendant, who had been room
ing at that hostelry. left there on the 9TH
OF september and returned on the 24th of
October, the date of his registration, and
that he remained there three days.
Major Anderson then moved the court
70 sa1 Of 10 Il.
1t had been clearly shown that the de-
fendant had been a resident of the county
for years, and of the precinct in which
he voted; that he had simply been out of
the precinct for few days just before the
election in order to earn his livelihood.
lie had to vote in the precinct in which
ne was registered, as the law required
| him to do.
Counsel said the case was so clear that
he would offer no more testimony, and
Judge Cravens took the case under ad-
visement.
AN IGNORANT CoLoRED MAN.
Ed Morse, a colored man, was next ex-
amlned. He was defended by q. q. Da-
Wis. His alleged otfense occurred at the
Fourth street polling place.
w. A. Caswell, one of the election Of
ficers, testified that Morse was challenged;
| that he claimed to be unable to read and
write, and asked to have someone pre-
pare his ballot for him. He was found to
have registered as living at 800 X street,
and was allowed to vote.
inspector Nathan testified to similar
facts. The only objection made to Morse's
voting was on the ground of illiteracy: it
was made by r. 2. Burr. THE law as
yet recognizes no such disqualification.
Captain Bradley testified to the circum-
stances of Morse's arrest. The prisoner
told him he believed he had a right TO
vote in that precinct Witness found that
he had latterly stopped at the Mechanics
Exchange, which is on l street. He said
he had worked in a restaurant on Third
street, and also out in the country. Also
that ). IL. Miller had urged him to reg
lister.
On cross-examination witness said the
arrest was made on the ground of illegal
voting. 1t was further testified by Brad
ley that the defendant said he roomed at
800 Il street, but i'll describing the place
the description given was that of 361, on
| the opposite side of the street.
w hen the prosecution closed its case
Mr.. Davis moved for the dismissal of the
defendant, holding that no case had been
made out, but the motion was denied.
MIR. Davis said he wanted the testimony
of William Hanlon. the registration
clerk, who was not present. 1t could be
shown by him that when Morse applied
Tor registration and said he roomed at
Ihlrd and Il, 1t was enormously put
down as at 800 X street, when it should
have been sol, which would be across the
street.
Morse was called to the stand and testi-
he'd that when he registered he was
rooming on tie northeast corner of Third
and j streets. He often went into
the country to work, being a cook, and
sometimes slept at the Mechanics Ex-
change, on l street. lie gave graphic
and amusing account of his wrestle at the
polls with special Deputy Sheriffs and
the Australian ballot.
He also told all about his residence in
tnis State. After he went TO work in
Mlller's restaurant he engaged the room
at Third ana * streets.
Frank DarouX testified that on election
day no objection was made to Morse's
voting until he admitted his illiteracy.
When challenged, he said he roomed at
Third and X streets; no number was
mentioned. Witness had never before
seen Morse.
The case was then closed, and Judge
CraVens said he would take it under adj
visement until Monday, as the de-
tendant was an important witness in
another case. This indicated that Morse
would be discharged.
THE CASE OF MILLER.
1t was nearly O'Clock when the case of
with Illegal voting. Several WITNESSES
were absent and attachments were issued
for them. G. n. Post appeared for the
defendant.
The officers of the Election Board of
the First District subsequently appeared
in court and testified to the facts CONCERN
ing Miller's having voted there.
No testimony was offered on the part
of the defense, and the case was sub
mitted and taken under advisement.
NASH DISCHARGED.
The lawyers did not want to return for
night session, so the case of J. n. Nash
was taken UP and quickly disposed of
1t was shown that he had voted legally
in the precinct in which he had regis
tered, and he was promptly discharged
by the court.
1t is expected that Judge Cravens will
to-day pass on the cases submitted last
evening.