The morning call., 1894-11-21
ALSO BUTLER AND CONROY.
Result of the Fraud-Discovery in
the Thirty-fifth.
JUDGE WALLACE FIXED BONDS.
The Election Commissioners Strike
Blow for Freedom From Tam
perers With Ballots.

The rumors of wars emanating from the
sacred chamber where the Election Com
missoners are sitting consequent upon
their examination of certain parties on
Monday last reached climax yesterday,
when arrangements were made to prose-
cute the election officers implicated in the
fraud in the Tenth Precinct of the Thirty
fifth Assembly District for a felony.
At the opening of court yesterday morn
ing Andrew J. Clunie, I. V. Gator and
Calvin Ewing appeared before Judge
Wallace and swore to warrants charging
L. NJ. Martinez, the inspector of the ire
cinct board. and j. A. Buckley. j. Butler
and w. j. Conroy, clerks, with felony.
Their alleged crime consists in altering,
with fraudulent intent. the official tally
sheet. The language of the warrant was
as follows:
That in violation of their duty as such officers
OF election as aforesaid, the said defendants
and each and all OF them ut lie city and county
OF San Francisco on or about the 9Th of No
yember, 1894, while acting as such officers OF
said election and upon and as members OF the
Board OF Election in said precinct. and each Of
them did in his official capacity willfuly, know
ingly, fraudulently and felonously act in con-
PREVENTION aud in violation OF the provisions OF
the laws OF The State relating TO elections in
that they did felOniOusly alter the official re-
turns of said election In said precinct, aud did
wllluly. knowingly, ffaudulently and feoni-
0usly return and cause 10 be delivered 10 The
Registrar OF Voters, as true and official returns
of said precinct certain false and fraudulently
altered tally-nsts, and lists attached to such
tally-liSts, containing the names OF persons
voted for at such election. with the number OF
votes given for each candidate falsely stated
and fraudulently altered.
The specific charge had reference to the
votes cast for the three candidates for the
office of AsSemblyman from the Thirty
fifth DIstrict-J. NJ. Donlon, Calvin Ew-
ing and John NJ. Higgins. 1t is charged
that on the official returns as handed to
Registrar Evans by the accused j. NJ.
Donlon appears to have received sixty
votes, against 125 recorded in favor of Hig-
gins. whereas, states the warrant. in
truth Donlon received 161 votes to sixty
seven votes received by Higgins. In this
way forty-odd votes were juggled off one
side and juggled on to the other.
Judge Wallace signed the warrant for
the mems arrest and fixed the bail at
$40 900 in each case. 1t is said that it was
The intention of the Commissioners at
first TO arrest the entire ten msmb ers of
the board. but during the investigation
held by the Election Commissioners the
day before the testimony pointed to the
conclusion that Martinez and Buckley
were the real culprlts and did the raw
work" between them, being ably assisted
therein by Butter and Conroy as Access
series.
Rumor further hath it that Butler and
Conroy are wanted, not so much for the
purpose Of prosecution but for the purpose
of forcing them to tell what they know
about the case. 1t is not intended that
these men shall be allowed to conceal facts
in order TO save the riCgleaGers, Martinez
and Buckley. The cases against the two
last named will be prosecuted to the bitter
end, in the hopes that the example may
have beneficial influence at the next eiec-
ton. to be he'd two years hence.
The tallY-lSt in the possession of Regis
trar Evans is said TO furnish strong docu-
mentary evidence against Buckley, as it is
charged that the alterations In the returns
are undoubtedly in that officials own
handwriting. Il. V. Gator also claims 10
have some sensational testimony in the
case. 1t is said that he has witnesses to
swear that they actually saw Martinez and
Buckley in the act OF making the erasures
and substitutIons.
AS soon as the warrant was issued tho
accused heard Of the trouble in store for
them and were busily engaged all day in
hunting bondsmen.
At o'clock last evening Butler and
Conroy were arrested at their homes on
Bernal Heights by Deputy Sheriffs Edward
a. Riley and p. Curtis and escorted 10 the
County Jail, where they passed a weary
evening waiting for the bondsmen that did