The morning call., 1892-11-15
1T SOUNDS HOLLOW
O'Donnell Has. His Saw
About Brown.
IT'S A VERY FLIMSY STORY.
The Doctors Willing Witnesses
Can Produce No Documentary
Proof of Their Charges.

A crowd Of small-fry politicians and
others jostled and elbowed each other in
| Departments Of the Police Court yesterday
morning when the cases of Registrar Brown
ana Deputy Ray Falk, charged with falsi-
| flying election returns. were called.
Proceedings were opened by Carroll
| Cook, special counsel for the prescott ton,
who asked for continuance Until to-mor-
row afternoon because all his witnesses had
not been subpenaed. He had issued sub.
penas for certain precinct officers and they
had not been served.
A. j. Clunie, attorney for the defense,
opposed another continuance. The charge
was the alteration of a public document
and the accrediting to Ebert 100 votes that
had been cast for O'Donnell. He said that
the official canvass should have commenced
at IL O'Clock, but was postponed until 2
o'clock by reason of the Registrars alb
senee. O'Donnell or any one else should
not prefer charge that he was not able to
proceed upon.
Cook again pleaded for a continuance,
saying he had not been able to find the
original Of the tally sheet that was alleged
to have been altered. He had not had time
10 summon the proper precinct officers.
What precinct was the semi-Oficial re-
turn from ?" asked Judge Love.
I'VE don't know" said Cook, "and we
Judge Love decided that q sufficient show.
ing had not been made for continuance
and ordered the examination to proceed
1t WAS agreed to take up Falk's case and
let the evidence also apply to the charge
against Registrar Brown.
First to be called as witness was Pat
rick Andrew Dolan, q real estate agent, of
628 Market street.
Last Thursday morning" he began. II
was in the Registrars Office. About 8
o'clock saw Faik in the Office with docu-
meDt in his hand. He was inside the Office
where they receive the election returns"
What aid he do to that document, If any
thingp asked Cook.
''He took two OF the seml-officIal returns
of the file He spread one out on the
counter and scratched out something. in
trout OF ODonnelPs name and put L in
front of the figures after ElleTts name. Be-
fore Falk went away ODonnell accused
him OF altering the returns. Falk said:
That don't make any difference to you and
have my own object. This is only semi
official return. You are elected
"O'Donnell met Brown and said: One
Of your deputies has been altering figures,
what is his name? Brown said: why,
doctor, that is none of your business; we
can do as we like with those sheets. They
don't belong TO the public, but TO the Office
and we can do what we please with them.'"
Cross-examined Dolan said he was chair
man OF the executive committee of the party
that nominated O'Donnell for Mayor. He
became somewhat tangled up and confused
when closely Intercepted as to certain con-
yersatOns snd could not tell what figure
Falk erased after 0'DunnelPs name.
An adjournment was taken until o'clock
In the afternoon, at which time Frank A.
GUNNER Of 90 TweDty-ffth street was
sworn as witness. lie deposed that he
also saw Falk rub out figure opposite
ODOnnelrs Dame on q semi-Ofheial return
and put figure ~ in front Of the figures
that followed Ellerrs name. ODonnell
objected, and said: That's not right"
Falk said: That's ali right. doctor; youth
be all right on the official canvass"
Twenty minutes later 0'Donnell met
Brown, who said: That's none of your
business; he's my deputy and can do as
he - pleases."
When cross-questioned, GUNNER said he
was O'DonnelPs brother-in-law. and mad
worked in his interests during the cam
paign. He could not remember the exact
figures on the return sheet altered by Falk
lie thought that 100 votes had been taken
from ODonneil and given 10 Ebert.
c. c. O'Donnel, took the witness-stand
and corroborated the previous testimony
IL asked Falk," said the doctor. what
right he bad to deface that document. He
said he did It for purpose, and that it
would not affect me any. l went after
Brown and met him coming into the ROOM
told him what 1 had seen, aud asked to
know the name of the clerk. Brown said
v.
right TO do IT,"
O'Donnelrs testimony was not materially
shaken by DISCRIMINATION. He could not
tell the number OF the precinct and district
the altered return was FROM.
While he was still on the stand Falk ere
ated commoiion by calling Dolan an I'M
complimentary name.
O'Donnel sprsng to his feet, but Clunle
promptly Gained him by saying:
ot down, doctor. This Is little SCRAP
that for once you have nothing TO do with"
Attorney Clunie then said that he would
have objected to the complaints at the start
but his clients would not listen to it and
demanded speedy, public trial on the
charges. There was a proposition on the
part OF the prosecution to examine ali Of the
election officers in the 275 precincts. and
thi: proceeding would take several months.
why, the whole thing is n farce" con-
tinued ClHnis. 1.-The semi-officiaI returns
are not record or public document. and
are only compiled for the use of the press"
Cook contended that TIE semi-ufficial re-
turns were public records, and that the
prosecution on the charges were proper un-
der section 1l3 Of the Penal Code.
Ciunie said that, as matter of fact, his
clients desired to be vindicsted after trial,
and would deny In toto all the statements
made by the witnesses for the prosecution.
Judge Love said his first impression was
that semi-official return was not public
document. but be desired TO 60 slow and
not decide The matter until after the propo-
sition had been thoroughly argued.
ii. Larsen, a saloon-keeper of 227 Harri-
son street, was called TO the stand and testi-
fed that he was an inspector In the Third
Precinct Of the Twenty fifth Assembly Dis
trict. He bad tally-book, but the totals
were not added.
He was asked to state how many votes
had been cast In the precinct for tue differ
ent mayoralty candidates.
Clunie objected and renewed his objection
to the prosecution. So Judge Love decided
to hear argument on the question as TO
whether semi official returns are pnbIic