The record-union., 1894-12-18
TIE CONTESTED ELECTION CASES.
Three Precincts Out of Sixty-Four
Counted Yesterday.
a Strong Array of Lawyers, Clerks
and Candidates-Will be a Long
and Tedious Task.


cases of Baumann VS.. Berkey and Jacob
Heintz and T. w. O'Neil VS.. F. T. John
son. were begun in Department Two of
the Superior Court yesterday. The room
was crowded when court opened, but
when Judge Johnson stated that the
jurors who were summoned would meet
in Judge Catlin's room, there was per-
ceptible thinning out. 1t soon filled up
again, however, and a number of cases
which had been set for trial were con-
tinued to various dates.
The court stated that the election cases
would be heard together.
a. j. Bruner, counsel for Berkey,
moved that the contest against the latter
be dismissed, on the ground that the affi-
davit was made only on information and
belief.
The court overruled the motion, and
Mr.. Bruner then filed demurrer setting
forth that the affidavit was defective for
number of reasons, which were set forth
at considerable length. The demurrer
was also overruled.
{. H. Oatman, counsel for Johnson,
filed an answer to the complaint In in
tervention OF O'Neil, and w. A. Gett, at
torney for O'Nell. stated that by a section
of the law, which was omitted from Deer
1ng's codes, complaint in Intervention
was not necessary.
The court stated that as there were
two contests pending, he and Judge
Catlin had decided, in order to save time,
to hear them together. He had had many
applicants for the position of tally clerks,
OF whom he should appoint two, and he
had determined that the politics of the ap-
polntees should cut no figure in their ap-
pointments. j. II. McKune, counsel tor
Baumann, suggested that each OF the con-
testantS appoint representative who
could tally the ballots. The court said that
would involve the appointment OF double
the number OF clerks and therefore double
the cost. Mr. Bruner thought that four
would be needed TO call off the ballots and
dispose of them.
After considerable discussion as to the
method of making the count, the court
decided to appoint person TO take charge
OF the ballots, and allow the contestants
to agree on two clerks.
MIR. Mckune proposed w. L. Hamilton,
but MIR. Oatman objected, the claim be-
ing made that he was disbarred by hav-
ing been candidate at the late election.
Hamilton and e. j. Kay were finally
agreed on, however, and G. T.. Jones, Jr.,
to handle the ballots.
Albert Johnson, as attorney for O'Neil.
asked the appointment OF John O'Calli-
CHAN as representative for him, and he
was also appointed. The court then made
an order that each candidate put up So
each morning to pay the clerks and re-
porter.
County Clerk Hamilton stated that he
had sent for the same blacksmith to open
the vault who closed it up, IN order that
he might be able TO testify that it was
in the same condition as when he fastened
IL.
A recess was then taken till 1:3O P. NJ,
% Xl,,.x F@l,-z
Vulcan.
w. A. Gett, Jr., c. W. Baker, C. n.
Post, e. y. Elliott and w. w. Rhoads
also acted as counsel for the various par
ties.
The first ballot was thrown out on the
objection OF A. j. Bruner, on the ground
that the names of Baumann and Irvine
were marked with cross in lead pencil.
The second ballot met with like fate, as
did the third. The fourth ballot was
counted Tor johnson and Berkey, and the
fifth for Heintz and Baumann, The sew
enth was for ON ell and Baumann.
After several more ballots, Oatman OBJ
Jected to one on the ground that it seemed
10 have been stamped first for Lee, which
was afterwards erased and it was marke
O'Neil.
Bruner also objected that by being so
marked 1t was easy to identify it alter
ward.
ordered the ballot numbered and the ex-
ceptlons taken by counsel noted.
The next objection was by Gett and
Bruner, on the ground that ballot was
so mutilated in tearing off the number,
or in tearing off the stub, that it could
easily be identified, and the election otli-
GERS should not have issued mutilated
ballot. 1t was so torn that the first part
OF the names of some of the State candi-
dates were torn off. The objections were
overruled, and the ballot counted for
johnson and Irvine. Then Gett objected
10 ticket on the ground that hole had
been cut IN 1t, thus marking it so that it
could be identified. The objection was
overruled and an exception noted.
linen came ticket stamped for O'Neil,
but with also stamp mark In the va
cant space below. 1t was counted, in
spite of the objection. The next ballot
was marked for Johnson and O'NeiI and
also for Irvine and Baumann, and was not
counted. A ballot stamped for Budd and
marked with lead pencil over the stamp
was counted for Heintz and Baumann, de-
spite the objection. A number of other
objections were also made on the ground
OF distinguishing marks, but were over
ruled.
The result in the First Precinct was:
Johnson 81, O'Neil 90, Heintz So, Lee ?.
Bugbey 3. 1t showed loss of to John
son and gain of 3 to O'Neil and to
41eIHtL' Derhey received t5, irvine 0b,
Baumann Al, Greer % and Robertson q
In this precinct-according to the Iig-
ures kept by John Z. brennan, who tied
with Dugald ellis for Supervisor in the
First District-he gained one vote and
Gillis lost eight.
Mr.. Mc'Iune asked that l. J, Simmons
be put on the stand to testify as to
whether any iliiterate voters voted in the
precinct, as there was no affidavit show
ing whether or not such was the fact.
Counsel for Berkey objected and the
court could not see that il made any diff
ference, but Simmons was finally sworn
and stated that there were some but he
did not know how many.
Mchune was persistent and the court
said he could not see how 1t made much
difference, unless Mckune wanted to
ask that the precinct be thrown out
well, may ask that" said McKune.
1--WE are perfectly willing" said
Bruner. "If Judge McKune will mako
the motion, we Will second it,
The motion was not made, however
SECOND PRECINCT.
The Second Precinct was taken mn ard
q ballot was soon found which Gett
thought had vote for two Assessors on
it, but it was allowed. Next came a hal
lot of which the number had not been
the court holding that the voter should
not be disfranchised for the fault of the
election board.
The precinct resulted as follows: john
son 56, O'Neil 10, Heintz Is, Lee l. Bup-
hey 3. For AsseSsor-Berkey 81, Irvine
q, Baumann 19, Greer l3. Robertson, 0.
THIRD PRECINCT.
The count in the Third Precinct ran
oloDo smoothly for some time till Cor,