The morning call., 1894-11-20
Calvin Ewing, PopuIist,
Counted Out.
CROOKEDNESS WAS PLAIN.
Buckley and Martinez Are I'M
der Suspicion.
CLUNIE WANTED THEM JAILED.
Mayor EIIert Said He Thought They
Were Undoubtedly
Guilty.
CLUNIE WANTED THEM JAILED.

day afternoon investigating the Assembly
returns from the Tenth Precinct of the
Thirty fifth District. The days work
brought out the fact that Calvin Ewing,
the Populist candidate, had been counted
out and that Higgins, the Republican can
didate, had been given the votes. 1t was
also fairly ascerteined thatJ. A. Buckley,
the Republican clerk of the precinct board.
and L. NJ. Martinez, the Democratic in
spector, were the ones who manipulated
the figures.
These two individuals took the State re-
turns from the precinct booth to the Regis
trar's Office. Then 1t was discovered that
they were not made out properly. Tally
sheets. poll lists and ballots had all been
placed in one envelope aud sealed up.
This was directly contrary to law.
The clerks at the Registrars Office d.
reeted Buckley and Martinez to 90 back to
the booth and fix up the returns as
they should be and then return them to
the office. The two election officials swear
that they returned directly to the booth,
stopping less than i've minutes at saloon
at the corner of Mission street and Fair
avenue TO get drink. Going to the booth
the returns were placed in an unlocked
box. This was on Wednesday night. Ga
Friday they swear that they took the en-
ve!ope from the box when the necessary
changes were made. So far as they know
no changes were made in the vote as
counted and they had heard no rumors of
fraud until the Commissioners had met.
The examination yesterday showed that
the returns had been changed after they
first left the booth and since Buckley and
Martinez were in charge of them. 1t was
almost conclusively proven that they were
the parties who did the work.
When the board settled down TO bust
ness there were a large mum Der of attOr-
neys on hand representing the different
candidates.
Mayor Ebert presided over the board.
Attorney GuifOyle Jr., for Assemblyman
Higgins. opened the proceedings by stat
ing that the Commissioners were exceed
ing their authority when they assumed
the capacity of an investigating commit
tee. He commended that the board had no
right 10 summon and examine witnesses.
he Commissioners. however, paid little
heed to Mr.. GuilfOyle's objection.
w. L. Desmond was brought before the
commission TO explain his part in the
fraud. He testified that he was an addi-
tiOnal judge and assisted in counting the
vote He knew nothing OF the votes being
scratched and given TO Higgins. The wit
ness attention was called to his name
on the certificatiOn of the returns and he
declared that il was forged and not his
own. He aid not see the returns sealed
office. After further questioning be, how
ever, admitted that he gave Martinez, the
inspector, the permission to sign his name.
j. W. Maher was the next witness TO
testify. He swore that he saw Martinez
break the seal. They were then resealed
and signed. He knew nothing of any
fraud.
l.. NJ. Martinez, the inspector who took
the returns the first time to the Registrars
office, was next put upon the stand. Mar
tinet seemed to have poor memory. He
appeared d0u btful as to his own existence.
He would not positively assert anything.
he was then made to explain his wander
ing after he left the Registrars Office on
Wednesday night He completed his story
by saying that he finished his days work
by going TO sleep in the booth in a chair.
He gave as reason for not having the
State returns corrected that he did not
wish to disturb the municipal count. Of
one thing he was positive, and that was
that no change was made in the tally list
while it was in his possession.
J. a. Buckley, the tally clerk, who had
accompanied Martinez In his wanderings,
was next sworn. He said he had been
recommended by the Republican County
Committee. On the night of the election
he Tailed forty ballots and then went
home. Up to that time there had been no
erasures while he had the tallysheets.
When be came back he wound up the count
Cd the State ticket.
Mayor Ellert then invited Buckley to
give the commission an example of his
penmanship. The words selected for Buck
ley to write were those found in the totals.
Ii took Buckley some time 10 pen the copy
given HIM. After his effort had been sub
mitied the board was thoroughly convinced
that the changed totals agreed in every
respect IN Mr.. Buckley's hand writing.
Police Officer j. NJ. Stanley was the last
witness Of the morning session. He swore
l.
Buckley gave him the totals. This was
before they were ever taken to the Regis
trar's. They then stood, Higgins R.) 81.
Dolan D.) 101, Ewing Pop.) So The
figures on the amended returns. as certified
10 by the election board. gives Dolau 80
less and Higgins 80 more.
The one change shifts the result of the
election from Ewing to Higgins.
The afternoon session revealed nothing
startling or sensational, except that the
evidence taken clearly made it evident
that it was either Buckley or Martinez who
did the work.
M. j. COnroy was called before the
board 10 tell what be knew about the
counting and changing of the result He
said that the State returns were finished
about o'clock in the morning. Then he
went home. He claimed that he had
nothing. to do with scratching out any of
the TALES, and, moreover, did not know
who did. When shown some penknife-
work he was unable 10 tell whose hand
writing it was. Conrov was able 10 pick
out his marks.
he was entirely ignorant of the break
ing of the seal. He said he simply signed
the returns and that was all. When asked
ii he saw anybody using the eraser he
shook his head.
Mayor Ebert wanted to know if there
was any understanding as to how they
should vote in that district. to which Inter
roga ion the witness answered IN The mega
tive.
Martinez was again put upon the stand.
He appeared TO be very nervous, and at
times became ratified. de was unable to
account for the loss of some of the tally
sheets, unless they became stranded 10 the
rush which followed the closing Of the
polls. He said that there was CREST
scramble for the lamps, inksrands and
other articles. He thought probably that
the paper might have got lost In this rush.
rms story was a little snaky, and 1t
brought smiles upon the faces of the Com
mlssloners. The Mayor loosely inquired
as 10 who got away with the chairs in the
rush.
Martinez thought it very strange that
the papers were lost but could in no other