The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-09-26

!. Is it true? -.nsasssgs.,
What did you say when he threw the
| ballots into the cornerf
said. aThat will not do. Some one
| will steal those ballots.
| What did he do!
| He nicked them up and put them under
| his coat and then put them in his desk.
| The others he did up.
| Was there any conversation at that
| time?
None other than what I have related.
Mr. Edwin L. Dyer
was next called. He testified that he was
city clerk at the present time, and had
received the ballot box, ballots, check
lists and SO forth, from his predecessors.
He had.kept all these just as he had re-
ceived them.
Taking up the package of ballots, Mr..
True asked Mr.. Dyer how many there were
Of them He answered nye that there were
neither the mark Eyes" nor moi on
them.
The city clerk was then asked to pro.
duce his records containing the notice OF
the passing of the order for the esta blish-
ment of new ward lines. This the city
clerk did.
MI. CllUOru ODJcCUSu UuhU UulS SlOih
did not make that record.
The county attorney held that that
made no difference, since this clerk was
the custodian of the record, which spoke
for itself.
Judge Bonney upheld this view; and
the witness proceeded to read the long
record.
william j. Gillis,
ward clerk of Ward /, on the sixth OF
last March, testified that on that day he
saw Mr. Harper acting as warden, and
heard motion offered by Mr.. Foss. He
heard Mr.. Harper, in reply to this motion
say, " No motion entertained
The ballot box was during the day near
the exit on the left hand side. After the
closing of the polls the box was taken to
the table where the counting was done
Mr. ellis then related his part of the
count, saying that he counted his part
His count was on straight tickets and
he did not count the ward line vote.
Do you remember the result?
/ do not
At this point
MIR. Clifforp Came Forward
somewhat impressively and said:
Now your Honor, I object. I think this
occasion is as opportune as ever for the
question which I wish to raise. In order
to show that any counting or declaration
made at that time was false, it must be
necessary to show that those ballots were
cast for persons entitld to receive them.
Under the old law it might have been
sufficient to show that the meeting was
legally held.
But in 1891 new system was inaugu-
rated In order for a person to be legally
balloted for he must be duly nominated,
with certain accompanying formalitles,
such as written notification to him, his
formal acceptance, etc. If that was the
method then this Indictment contains no
word relating to it, and there is nothing
to show that those ballots were legally
cast.
There should have been in the indict-
ment all allegation that these people
balloted for were duly nominated, and
were legal candidates and entitled to be
voted for.
[ This is not a question relating to
legal meeting, but to the legality of the
ballots cast, and / submit that that has
not been shown.
Judge Bonney said IN reply to this: /
think the governmentcan put its testi-
money in, Mr.. Clfford,s and will examine
the point which youlaise and rule up
on it at the close of the testimony for the
government.
Mr.. Clifford acquiesced, intimating that
he might base upon this point an excep-
ton.
Resuming,
The Examination of MIR. ellis
the witness said he put the votes down
as Warden Harper announced them. Mr..
ellis identified his record book and from
it testified that Mr.. Harper declared a
total of 1850 votes for m ayor, with 746
for Darius II. Ingraham, $50 for James P.
Baxter, II for William H. True and
scattering On the ward line vote 1924
were cast, of which ~ Eyes" were re-
corded and 482 mo"
Mr.. True continued the examinations:
How long after closing the polls was
the result declared?
| cannot tell.
Did you see any ballots burned?
Yes.
By whom?
BY Warden Harper.
Did you hear any person speak to Har-
per before the ballots were burned?
Yes, Mr.. Guptill.
Was the burning before or after Guptill
spoke to himg
After, I believe.
Were part of the ballots kept?
Yes, they were put in the ballot box
Did Harper put them in?
He did.
Did the record book go into the box?
Yes.
After that record was made up in the
ward room that night did you afterwards
make a change in it?
] did, in the city auditors Office in the
presence of Messrs. Simpson, Tibbetts,
Asa Russell and Looney.
AT whose request did you make the
changer
A 1.-THE wardens.
State to the jury what change was
made.
There was a red line drawn through the
number 1850 and above it was written
1247 Then there was red line drawn
through the words scattering and three.
Mr.. Clifford then took the witness in
hand:
You said that when you got down to