The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-11
p. M. o'coNNoR EXAMINED.
He Is Held to Await Trial as the
Result.
FICTITIOUS LITZIUS PAID.
Personated the Real Election Officer,
Who Was iii, Signed Papers
and Drew His Warrant.

tion of the Irregularities in the Sixteenth
Precinct of the Thirty-ffth District. which
now promises to suIpass the frauds dis
covered in the Tenth Precinct of The
Thirtv-fifth District. and for which Mar
tinet and Buckley have been held to stand
trial. The municipal returns from the
Sixteenth Precinct of the Thirty-frst Dis
trict were found slowed away in ballot
box. They were unsigned, aud were pro-
nounced by the Election Commission to be
in an absolutely disreputable condition.
All of the officials were cited to appear
before Judge Wallace on preliminary ex-
animation. 1t was shown on a preceding
day that E. Litzius, one Of the officers of
the precinct, was suffering from the effects
of surgical operation, and had perform ed
none of the duties of an election officer on
election day.
1t developed yesterday that some one. at
present unknown, had acted in the name
of LitZus, or Letzeus, had taken the oath
OF office, and had received the warrant for
payment for his services. A search for the
fictitious Ltzius will now be made.
Another charge has been sworn to
against Sternbe similar to the previous
two. At Attorney Longs request Judge
Wallace allowed Sternberg to go on his
own recogniZance so far as this last
charge was concerned.
New charges will probably be preferred
against Stern berg IN relation to the fraud
uleut registration at the Baldwin Hotel.
The case of p. NJ. OConnor, an in
spector in the Tenth Precinct of the
Thirty-first District, was the first taken
up. He is charged with willful neglect in
not affixing his name to the municipal re-
turns from that district.
o. A. TOlle. the Deputy Registrar, pro-
ha nd Uo
subjected to examination by Deputy Dis
trict Attorney Black with relation to the
me hods pursued In the office of the
Registrar.
Mayor Ebert testified. that the munich
pal tally-sheets were not found in the Off
written out were not certified to. O'Con-
nor and other election officers had refused
to sign the returns when requested to do
so by the comm ssIon.
The Mayor was cross-examined by
Attorney Kowalsky. who with Nj. M.
FOote appeared respectively for various of
the defendants. He had not declared that
there were gross frauds committed in the
precinct before asking the election officers
TO certify to the returns. His suspicious
were aroused at mis- own vote, which was
larger than he thought it ought to be. The
fact that McNab received but one vote
and Barnes but eight votes in this precinct
was SUSPICIOUS CIRCUMSTANCES. 16 ndu
never said that when the men signed the
tally lists they would lie arrested for
certifying to false returns
Deputy Registrar Iolle was recalled and
produced The oath OF office taken by p. M.
O'Connor.
Ray Falk, another Deputy Registrar,
stated that James Dunning, one of the
election officers. had told him that the
tally sheets were in the election box.
Search was made and they were found
there. Cunning had told him that he had
information that the tally sheets were 10
the election box, but had refused to say
how he became aware of the fact.
The envelope which should have con-
tanned the taly-Sheets was opened In
court. Ii contained the poll-list. blotters,
waste paper and unused and destroyed
ballots. This envelope had been filed with
the Registrar. 1t contained the signatures
of James Dunning, 2. III. OConnor, d. E.
Sullivan and E. Litzius.
Deputy District Attorney Black asked
Mr.. Falk If the Registrars Office had met
with any other irregularity of the same
sort. Mr.. Faik replied that 1t had not,
though there were many Irregularities In
other returns.
T. M. O'Connor. additional inspector, a
native Of Massachusetts, Sc years of age,
thirty years resident of the State and
engaged in the oil business, was sworn.
witnesses, had no conception of the du-
ties of the office and, according to his own
statement, ola Whatever anybody told him
to do. To the courts questionsshe replied
that he did not know the difference be-
tween poll-list and tally-list He knew
there was a book of instructions in the
booth for the information of the officers of
election, but had never taken the trouble to
look at it. Some one told him to sign the
envelope for the municipal returns. He
did not know who IL was. but signed the
envelope without regard to whether the
proper returns were inclosed or not.
O'C0nnor testified that he counted the
Then James Dunning came in and said
the ballots had not been counted cor
rectly. Dunnng wanted to have them
counted again, but the witness said he
sealed the ballots up and they must go to
the Registrar. He was sleepy and wanted
To leave the booth aud did not propose
that there should be any further delay.
O'Connor swore that the Election Com
missioners had not asked him to sign the
tally-sheets.
at the afternoon session Attorney Long
sought to introduce a motion for the re-
duction of Sternberg's bail, but was told
to wait until the pending proceedings had
been disposed of.
Attorney Kowalsky asked for a continu-
ance in the cases of the election officers
from the Tenth Precinct of the Thirty
first District, stating that they were ready
to proceed TO the rooms of the Election
missioners and sign the tallv-s heets,
The request was not granted. He then
rested O'Connor's case aud moved that be
be discharged, on the ground that the evil
dence was insufficient to hold the accused,
Judge Wallace summarized his testi-
mony and dwelt upon the gravity of the
offense charged. He declared that such
action as that OF O'Cnnnor constituted
willful neglect and concluded by stating
that he would hold the accused to answer
trial, but would not make the formal order
until this morning.
The cases OF the other election officers
from this precinct. with the exception of
that of NJ. j. Gordon. were continued until
10 o'clock this morning. The attorney for
Gordon insisted on going on with his ex-
animation. Gordon testified that he went
TO the booth on the morning of election
day, remained until $50 o'clock in the
evening, came back at II :55 and STAYED on
until $50 O'clock Wednesday morning
When he came back al O'Clock that night
he found the booth closed. He had not
bad the opportunity TO sign the returns
The citation TO appear before the Election
Commission failed to reach him until the
day following the day he should have re-
ceiyed it. The witness told straight