The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-03-04

He had Engler's name and address on a
card, which ne showed after he was ar
rested.
Mr.. Van Horne-When be was chal-
lenged on the ground of identity, what did
he say!
The Witness-He still insisted that his
name was ID. A. Engler, and he gave the
address of tina party rs his own.
name?'
Yes
WAS he intoxicated"
well, he walked pretty well, but al
though not competent to testify as an ex-
pert in regard to that, ! should say he was
drunk
WAS be irresponsible?"
"Oh, he talked very sensibly."
OTHER TESTIMONY.
T. V. Williams testified: l acted as
judge of election at the Fifth precinct on
election day. The defendant came up TO
poll No, l, where l was acting, and offered
10 vote.
e. &. Shepard testified: Howard King
was at the fifth precinct on election day,
and offered to vote.
| MIR, Murphy-Did he state his name?
The witness he stated the name of D..
/ A. Engler.
WAS Englers name on the registration
list"
Yes"
WAS Kings name on the listl"
mot on the one at our poll"
Was he intoxicated"
| He had been drinking.n
OF. Is. Shelly testified 10 the same effect,
and MIR. Murphy then submitted the regis
tration list of the Fifth precinct, by which
he expected 20 show that King was not q
voter in the Fifth Trecinct.
The prosecution here rested and Attorney
Van Horne bobbed up with another motion.
He wanted King discharged because no
public offense had been proven. There
was nothing to show that he was not a
qualified voter, and this was not an action
for falsely impersonating another. A
mere offer to vote was not an offense.
MIR. Murphy said the prosecution had
made out prima facie case, and he in
sisted on a judgment of conviction or
acqUittal.
Young Mr.. Glenn then arose and insisted
on debating the ethics of the ballot, the
effects of strong drink and the rights OF
electors, with Mr.. Murphy. The court was
entirely ignored, while the attorneys
gravely talked things over and enjoyed
themselves. Ultimately, of course, they
submitted the matter TO the com
missioner, who promptly overruled the
motion to discharge, aud the defense, after
excepting, recalled j. a. Williams, WHIT
= loeHtlned the card presented Dy King aftel
| his arrest. Tie card bore the following il
scription:
''D. A. ENGLER,
STRAIGHT LIBERAL TICKET"
d. A. Engler was put on the stand anC
Mr. Van Horne handed him this card.
rs that your writing!n asked the attor
ney.
'It is, replied Mr.. Engler.
THAT'S ALL
John @. Bechtol and others testified tina
on election day King was intoxicated. Tes
: timOny was also offered showing that tn
defendant was young man of good char
3 acter.
o CHEAP.
9 This closed the evidence, aud both side
submitted 1t without argument The con
Q missioner first read the section unde
3 which the action was brought, and the
delivered himself of long speech upon th
I sacredness of the ballot, etc.
= After that the commissioner expresse
Q his regret at the unpleasant duty he had I
d perform in sentencing King, and havip
g concluded his 1000 talk he imposed upo
5 him tine Of S25 and the costs of the pr
secution.
9 The defendant heaved mighty sigh {
o relief, ana, going into the marshaPs Office
: paid the fine and costs, amounting to abou
e $12. and came out free man. Anothe
:. farce ended.