The record-union., 1892-11-22
NOT GUILTY.
Miller Did Not influence Morse to
Vote Illegally.
So Said the Jury After Few Minutes
Re1ection-AIorse's Singular
Cftnaffnn
So Said the I'm

prosecution. the City Attorney being
represented by 6. G. Davis. The jurors
were Henry Meyers, d. Bush, S. Stirmer,
L. Nogel, j. \. Payne, w. E. Platt, H.
Nathan, Thomas Norton, L. Windmiller,
J. +. Berg, ]. II. Middlemass, George
Barnard.
1t was only on Friday last that Morse
himself was examined on a charge of
illegal voting, and Judge Cravens has not
yet announced whether or not he will
hold him for trial. 1t was common re-
mark, however, among those who heard
the testimony in Morse's case that he had
not Intentionally violated the law. He
was entitled to vote, and cast his ballot,
apparently, at the polling-place where he
believed he belonged. he is an ignorant
colored man, can neither read nor write,
did not know exactly in which precinct
lie lived and was allowed by the election
officers in the Third Precinct of the Sec
ond District to vote after he had told
Them all about himself under challenge.
be roomed on the northeast corner Of
Third and X streets Go. 30I X, but
when he applied TO be registered and
said he roomed at Third and X streets''
his number was put down as 800, which
would entltle him to vote at the precinct
where he did vote, and where he was told
TO vote by Miller, his employer, accord
ing to the register. 1t was, however, the
wrong precinct, X street being the divid-
ing line.
Now, had Miller been convicted yester-
day of having Influenced Morse to cast
an illegal vote,' that verdict would have
practically sealed the poor colored mans
fate, for it would have stood as the sense
the jury that he had voted illegally. Under
these circumstances how could the court
announce to-day that Morse had not
violated the spirit of the law, when
Jury-althOugh sitting in another case
had convicted Miller for causing him to
vote illegally?
Mr.. Post entered a general demurrer to
the complaint on the ground that it did
not state sufficient facts to constitute a
public otfense, but it was overruled.
The first witness called was w. W.
Khoads, County Clerk, who testified to
the fact that Morse had registered at his
office by swearing that he resided in the
Third Precinct of the Second Supervisor
District. Witness testified that No. 3OI
X street is not in that precinct. On the
poll list from the precinct in question he
found the name Of Edward Morse.
As witness was about to leave the
courtroom Mr.. Post discovered that the
certificate of registration read 300 K
street, and not 30l.
w. A. Caswell, one of the Judges on
the Fourth-street election precinct, testi-
fed to what occurred when Morse. the
colored man, presented himself to vote
He could not identify the poll list as the
one used at the polling place where he
served, but identified his signature
thereon.
Ed Nathan, Inspector at the Third Pre-
cinct, repeated the statement made by
him in the Morse case relative to the cir
cumstances under which Morse voted. |
he saw nobody accompany Morse.
Edward Morse, the colored man, was
called as witness, and at the request of
Mr.. Davis he was informed that as his |
own case was still pending any state
ment made by him in his testimony
could not be used against himself He
testified the same as on Friday last,
when he was examined for illegal voting.
that he formerly stopped at the
Mechanics Exchange on | street, but
when he went TO work for Miller he re-
moved to the northeast corner of Third
and X streets, over Nathan's store.
He went to work for Miller some time
IN October, but had forgotten the date A
few days after he went to MiIler's place
10 work he registered at the latter's sug-
gestion. Miller accompanied him to the
Courthouse for that purpose and said it
would be all right. Miller sent him to
the clearinghouse at the corner of Third
and X TO get the room. He said Miller |
told him 1t made no difference where he |
roomed, as he could vote in the precinct
where he worked. Witness and Miller |
went together to the polls and the latter |
told him to call on Mr.. Snider, one of |
the election board, to assist him in pre- |
pairing his ballot.
Morse said that Miller at no time
offered him anything for voting.
W hen Judge Cravens asked the wit |
ness who gave him his number on the1
register, he being unable to read, evil |
IDENTIFY the witness misunderstood the |
question, for he replied:
''W-V- " -p-pll Il - IA
S-S-Snider t-t-ter go er h-h-hed IN f-f-f- !
fix th-th-er t-t-t-ti-ti-kit tier ser-ser-suit |
Rm-h' m-s-s-self."
The landlady Of the Iodging-house on |
the northeast corner OF Third and X streets |
testified that Morse went to room there |
early in October and occupied the room |
until he was arrested. Miller had never !
spoken TO her concerning Morse.
jacob Smith, proprietor of the Me- |
chanlcs' Exchange, on l street, testified /
that Morse slept at his place on the 9th. |
fth and llth of October.
Police Captain Bradley and Officer
Ahern testified to having arrested Morse |
at the Fourth-street poliing-place The |
latter said Miller was very persistent in |
claiming that Morse had the right to vote |
there.
The prosecution here rested. and the |
defense called Deputy Sheriff Alter, The |
latter testified that when Morse ap- |
preached the polling-place he asked |
Miller to find his number on the register |
for him.
Thomas Allen testified that he was at
lhe polls and heard Morse make the same !
request OF Miller. The latter was stand !
ing there when Morse came up.
FRANK DarouX testified that he was
taking TO Miller, when someone called |
MIN away. Witness asked Miller to wait |
tilI he returned. In the meantime Morse |
came up and asked Miller to find his |
number for him on the register, Witness /
was certain that Miller and Morse did not I
come together TO the polls at that time. |
but might have done so earlier.
). NJ. Nash testified that he heard Morse |
ask Miller in the latters place. if he |
would go with him to the Courthouse To |
see that he got registered properly. and |
Miller told him he could not go then. but |
when he got time to DO so he would 90 |
with him. .
The defendant next took the stand and
teStlned that Morse asked him where ne !
could register, and witness told him TO 90 /
TO the Courthouse. Morse asked him 10 |
go with nm, but witness could not go at |
Ihat time, but did later on.
When Morse went to the registration !
ONCE he told the clerk he roomed at !
1hlfd ana IL streets. Witness himself |
did not know the exact boundaries of the |
precincts, and when Morse came to him |
at the polls he supposed that was his |
proper voting-place.
Miller said he did not know Morse nm |
VI the latter came TO work for him in the !
early part OF October. as cook and did
not know where he roomed.
The defense here rested the case and II |
was submitted TO the jury after brief ar
gunlehts. IN about ten minutes a verdict |
OF acquittal was rendered.