The Portland daily press., 1893-09-28

OeD0C -
Midnight After Giving Sealed Result
Probability that Party Prejudices
Have Caused a Disagreement-The
Jury Seems to Have Stood 10 for Con-
viction to 2 for Aoqnittal-There Were
More Than Two Democrats ON the
Jury.
Yesterday the defence which the coun-
sci for Harper would put in was.a mat
ter of much curiosity to the large audi
ence which assem- bled at the opening of
the Superior Court. There was not long
to wait. Hon. William H. Clifford, coun-
sci for:sHarper, began his opening prompt
ly.. on the.coming in of the court, saying
that in the few preliminary remarks
which he intended to make there were
certain observations needed to clear up
certain phases of the situation. The
County Attorney had read provision of
the State constitution which directs a
Wardens.to make the count with the assis-
tance of..the clerk. Now his client had
done this. But in the Indictment he is
not charged with making mistaken
count, but "false count" with intent
to cheat and defraudn Now no man
can commit crime or misdemeanor with
in the laws of the United States or any
of the States without an evil intent in
his mind. Therefore, to convict man
of csinle, the: government establishes
by proof an evil intent in the mind of
the accused. Now, gentlemen, did this
man entertain in his mind an evil intent
to defraud the people of this city. It
the government has failed in this it has
failed to establish it's case In the
cases of the ordinary. witness he gives
his testimony without any responsibility
other than. that of adhering to the simple
truth. But this man stands in an ex-
traordinary position, with weight upon
his mind, with an anxiety and strain
upon it which prevents free play to his
faculties. Yet even under these circum-
stances he comes forward freely to tell
all that he knows .about ssit. - The law
does not compel him to do SO. He may
testify or may not; but he freely and
willingly comes forward to testify and
clear up all doubts in this matter.
Political considerations warp our minds
in ordinary cases, but in this case we
are trying the case as fellow citizens
and man and man. This case is to be
tried lust as it would be tried if case of
assault or of theft in any ordinary walks
of life.
Having opened the case Mr.. Clifford
summoned the witnesses upon whom he
relied for the defence, Mr.. Charles H.
Jones and Harper himself.
Mr.. Charles H. Jones
of this city, was the first witness called.
He testified that he knew Mr.. Harper,
and had acted with him and Mr.. George
c. Burgess as counter and sorter of votes
| in Ward One. Mr.. Burgess is an expert
enced counter. It is the usual custom
| in Ward One when the polls are closed,
| to turn the ballots on table, and then
| sort them out, face down, counting the
straights first.
At this point the County Attorney in
| terposed objections to the line of testi-
| mony on the ground that the method of
counting votes in past elections had
| nothing to do with the method in Ward
One on the 9th of last March.
The Judge said that the day before he
had ruled out such testimony when pre-
sented by the government and should
| do it in this case.
Mr.. Clifford then asked the witness if
he had assisted Warden Harper in sorting
and counting at the election of last Sep
| tember.
The witness replied that he had; but
his line of inquiry was shut OIL at this
point by 1.-The ruling that it was. lmma-
| terial.
Mr.. True cross-examined
AS a matter of fact were not represen-
| tatives of both parties assisting at the
/ count last September?
4 They were.
Do you know from your personal
| knowledge anything of the manner in
/ which the votes were counted at the
election of March 9th last?
do not.
/ Thomas r. Harper
himself was next called, and took the
stand confidently. He testified that he
! was Warden of Ward One at the spring
election Of March 9th, and made the
count and return of the votes.
Did Gillis assist in counting out votes?
asked Mr.. Clifford.
| He did. -,
| Describe to the jury what you did
when you counted:
Harper then told how he put the bal
lots on the table, and unfolding them
| laid the face down. When this was done
| he said to Gillis, I'VE will sort the
straight tickets first and to do this
separated the Republican and Demo-
| cratic tickets into piles by themselves:
He then turned them bottom up, and
run them over and put on the back the
number he thought was correct.
Did ellis do the same?
What time did you begin your count?
Immediately after the polls closed.
How soon had you completed the mayor
| count?
How many times did you run your
ballots over?
Once.
Describe how you found how many
votes were for mayor.
looked at the head of the ticket
When MT. Gillis handed to yon his pack
| age Of ballots, what did you ask himY
I asked him if his figures were correct.