The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-05
MANDATES CLOSED.
CONTINUED from Page u
rhe prohibitlon cases openel.

Judge Bartch then ordered that the
three prohibition cases be taken up.
The petitioners in the case. are Page,
Larsen and Jolly, as in the mandamus
proceedings. The writ is prayed Tor 60
prevent the Utah commission from go
ing into the ballot boxes or behind the
tally sheets.
IT was moved by Attorney Zane that
the same evidence in chief as was given
in the mandamus cases De applied in
this case.
Attorney P. l. Williams objected bus
the objection was overruled and the
evidence put in subject to an exception
by The defendants.
Anlasa Aldaedge was the first wit
ness called and in reply TO Attorney
John M. Zane said he was the presid-
ing judge OF election at Mount Pleas
ant.
what did you do with the ballot
boxes after the election was over and
the ballots counted %
Question objected to by p L. VIII
liams on the ground that 1T was inn
material and Irrelevant.
Judge Bartch ruled that this testi-
mony might go in under objection and
later If he determined it was irrelev-
ant 1t would be stricken out
Witness answering said the boxes
were taken TO his residence after being
locked by the judges Witness further
explaining said on the night of cleo
ton they were taken to witness room
IN the postoffice. ne being postmaster,
and t1e next day were taken to his
residence They were there about three
weeks and were then forwarded to the
Utah commission on receipt OF a tele-
gram from the commissioners request
ing that they be sent The two boxes
stood in witness parlor all that time.
Mr.. Abner Crane, one of the Judges,
ilelped to move the boxes to the depot
after the commission ordered them in.
Crane said one of the boxes was found
TO be unlocked. Witness did not know
! how it came to be open as he had
| locked It. The lock, however. was de-
i fective and it was hard to determine
Just when the box was locked and
when not. This was the constitutional
/! box. Mr.. Crane and witness fastened
] lit up with Stirring and paper. and locked
! 1T before shipping 1t to the commission.
EA piece Of paper was fastened over
the hole in the ballot box The keys
/ to the two boxes were sent to the COM
mission in separate package.
CToss-exam mined by Judge Powers,
witness said he had no idea of how
the ballot box came to be open. He
was confident it was locked when put
away. The aperture in the box was
not pasted over on the night the bal
lots were counted and the box put
away
Redirect by Mr. Zane, witness said
the boxes were taken from his house
to the depot by an expressman. No
oath was administered to the express
man. The box was locked when 1t
was shipped and If 1t was open when
received at the Utah commission it
must have come undone on the way.
Was John T. Game in Mount Pleas
/ amt during the time the boxes were
in your paTlor? Oaughter.)
/ He was, but I didn't see him"
By Judge Powers-Was Judge Ben
/ time?''
Frank Cannon was CMore laugh
teri
i Afraid to Be Alone With the Box.
Abner Crane, another judge of elec-
nfon at Mount Pleasant, said the boxes
were locked and taken charge Of 5y
! Mr.. Aldredge; witness did not see them
again for two or three weeks and that
was when they were shipped to Salt
Lake. He saw them then IN Aldredge's
parfor and helped to put them en- a
wagon for the purpose of g1in,ndne
nnem TO Salt Lake. Witness asked Mr.
Aldredge to accompany him to the de.
pot as he didn't Ike to be left alrns
with the ballot boxes Gaughter.) Or
the way to the depot IL was discovered
mat the constitutional box was unlock
ca. !ney were very much surprised
al this and didn't know what to do
some OF them proposed counting this
ballots again but that wasn't done.
w. d. Candla.nd was present when
the votes were counted. He watched
the count closely on behalf of one of
| the candidates for delegate. He kept
an account of the votes, 255 of which
We're straight Republican, 231 straight
Democratic, IL scratched Republican
and scratched Democratic.
Some of the scratched ballots contain
ed less than seven names, SO that some
names were scratched without others
being substituted
Cross-e@amined by P. L. Williams
| Witness said he stood within three or
four feet of the judges when they were
counting the ballots. He had NOT seen
the judges make up the tally sheet
The tally sheets were made I'D after
the votes were all counted
The Presiding Judge at Manti.
| William Luke, the presiding judge al
Manti, said after the election he took
charge of the boxes, locked them and
took them home and kept them there
till about November 25, when he sealed
them by covering the hole with a piece
of paper and mu'cil3ge and shfpDe5
them to the Utah commission. He de.
liVered them to an employee of the ex
press company and got a receipt, bu.
did not remember the mans name. The
keys were sent in a separate package
The other judges of election had com
pared the tally sheet and the poll list.
and they agreed. The poll lists, book.
and tally Sheets were mailed to the
Utah commission.
Cross examined by Judge Powers
Witness said the judges had punched
the straight votes and then tallie,
them The tally sheets as returne,
were copied from the original slips o
paper on which they were made trp
The tally sheets as returned were no
the originals on which the TALES wer
entered. The tally sheet showed tina
, 467 votes were cast, and the POLL ibool
showed 1852 as having voted the con
stitutional ticket. Witness said he coub
name parties who were marked in tn
!, poll book as having voted for the con
; stftutional delegates who really didn'
. vote the constitutional ticket, whic
9 would account for some of the discrep
ancies. Jacob Keller was
one. Jacob Murray was another
, They didn't vote because they wer
: not registered, being qualified to voi
: for the county officers but not for til
!, constitutional candidates. The regis
, ter was examined, but neither name
were on it. Yet they We're marked O
O the poll list as voting.
s Another Manti Judge.
: James H. Lowery was the Republica
!; judge of election at Manti He sa
}, Mr.. Luke took the ballot boxes aft
q the election and that was the last Wi
2, ness had seen of them.
It Four hundred and sixty-seven Peep
had voted in all, but five of these d
d not vote for constitutional delegate
: One constitutional ballot with Gig
| - ! tlnI