The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-06

Another day was spent in Judge
Bartch's court in the hearing of the
Sanpete county election cases. The
taking of testimony in the application
of J. D. Page. c. P. Larsen and j. L.
jolly for writs Of prohibition TO pre-
vent the Utah commission fro m re-
gorting to the ballot boxes or going
behind the tally sheets as certified to
by the election judges, TO determine
the results of the election of the dele
gates TO the constitutional convention
from Sanpete county and particularly
as affecting the three petitioners. In
their arguments on the Writs of man
Z danus counsel for the petitioners prac-
\ ideally admitted that the commission
had the right to go to the ballot boxes
in cases where the discrepancies shown
on the face OF the returns were such
as would affect the result and the tes-
1imony adduced yesterday was intend
ed TO show that there were no discrep-
ancies in either the poll books, poll
lists or tally sheets when the same
were completed by the election judges
and that by some fraudulent manipu-
Iations afterwards a number Of parties
were marked on The poll lists as aav-
ing voted the constitutional ticket, al
though they had not done so and their
names were not on the constitutional
registration list. BY these alleged ma
nipu1ationS the discrepancies were
made to appear and the existence of
these discrepancies was the authority
the commission had for going TO the
boxes. Such is the theory of the petit
TONERS. There was no attempt 10
show that any fraud had been perpe-
trated by stuffing The ballot boxes or
that the ballot boxes had been tam
pered with at all. The petitioners
counsel claim TO have cleaned up 80 of
the A discrepancies alleged by the
commission. The petitioners rested at
a few minutes before 3 p. m. and on
Monday morning the defense viii put
4 the members of the Utah commission
and others on the stand to show that
the returns were not tempered with
after leaving the hands OF thes judges
The Testimony.
The first witness called to the stand
yesterday morning was Eric Erickson
jr.. residing judge of election at Gun
nison Examined by Attorney Zane he
said Hans c. Hansen, ST., had not
voted at all that day. On the pol
book he was marked as having voted
but witness did not think it was sc
marked when the election closed. Wit
Others who hadn't voted were marked
voted.
Gross examined by Judge Powers
witness said he didn't know for certain
whether Or not Hansen was marked
voted when tho polls closed. He
couldn't say whether the writing oppo
site Hansen,s name was done by tht
same hand as that opposite the other
names. He had no reason to believe
that any one had fraudulently changed
the lists or added anything thereto
Christensen, the other Judge of cleo
ton. wrote the word voted after The
names on the poll book. Sorensen KEEP
the registration list and Christensen
kept the poll list while the voting wa;
going on.
On redirect examination witness SAIL
he took the ballot box home when TIT
votes We're counted and kept it ther,
until ii was sent to the Utah commits
sion. 1t was locked when taken nom,
by witness but was not sealed until i
was sent off TO Salt Lake.
\. c. Christensen was recalled a4lt
said that Richard Crather was marke,
voted in a different hand writing from
the others. Crather didn't vote as n
was in the penitentiary at the time O
the election.
James H Lowery was shown tn
name of Erastus Larsen on the poi
lists and stated that he had not mad
the mark opposite the name. wines
thought there was a difference in tn
color of the ink used in marking Shos
who voted for the constitutional an.
for the county tickets, one was blue an
the other black. A controversy aros
ssaas to which was the blue and which tn
black and finally the witness didn'
seem to know which was which.
Mr. Christensen again took the stan
and said that James Hendrickse
hadn't voted; he was in the county jai
but he was marked voted.
Not Good Figuring.
Sven o. Nielsen, of F>airview watche
the election and saw the poll book an
poll list compared and they CORES
bonded. Each contained 251 names an
not 253 or 259 as appeared on the poI
book and poi list now. There were II
Republican ballots one of which wa
scratched. and Isl Democratic ballot
five of which were scratched. CThe dis
agreement in these figures was not ez
plained) A person named Johnso
voted only the county ticket. althoug
he was marked as voting the constitu
tionaI ticket also.
Cross-examined by Judge Power
witness said he was a candidate fo
eelectman on the Republican ticket an