The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-02-27


Utah commission, on which. he said,
| the court had already passed. The
writ of prohibition he said, wag the
| counterpart Of the writ Of mandate.
Attorney Hiles said he could not
prove everything in a breath. The
question was a general one.
The court admitted the question sub
| jeet to objection,
Witness was then asked how Fol-
land got there. He said someone tele-
! phoned TO the Utah commission for
| further assistance and Mr.. POLAND was
sent Witness appointed POLAND a
clerk with the understanding that he
I had that right, When the canvass was
made at the close Of the polls there
were present. conducting the same,
! the three judges, Megsrs- Pugsley,
I Goodfell0T and witness. POLAND and
! another man named Tyson stood by,
looking on. When the ballots were
canvassed the constitutional box was
/ locked after being fastened within.
| Tyson did not have the custody of the
box at any time. so far rs he knew.
| Witness took the box with him when
I he left, went to the Democratic re-
freshment room, placed it on the table
and left it in charge OF Sergeant KatZ.
who held no official position in the cleo
! ton. NO oath was administered to
him. Witness left the box in hatz S
charge maybe from twenty minutes to
/ half an hour but he himself had the
key all the time. lie took the box
home and kept it under table in his
! dining room until Dec. 8. when he de-
! livered it at the Utah commission Of
I ices. A seal was then placed upon it.
Attorney Hiles-When you had con-
J cluded the canvass. was there any dis
! agreement between your tally lists, the
! Doll lists. and the registry lists IN your
poll in respect to the number of votes
cast for John Henry Smith
! Question objected to. but admitted
! subject to objection
I'VE did not compare them" an
! swered the witness.
I There was q broken key in the third
! poil-broken by John Reed, he believed
but not in the box at the first poll
! There was one key for each box and
I these were delivered to Mesgrs, Letcher
/ and Parks, at the Utah commission,
with the boxes They were attached to
! the boxes by piece Of wire. Witness
never saw this box again after it was
I delivered. 1t transpfred from witness
! subsequent evidence that there were
/ two boXeS-tfle constitutional and the
county.
"Was there anyone else present when
I you left the box with hdtz?" asked
! Mr.. Hiles.
Witness said yes. half dozen or
more, Republicans and Democrats. He
/ had no reason to believe that the
boxes were changed in his absence.
Nov. Mr.. Rich, since that election,
have you any information and hn0Wl-
I edge that that box-the constitutional
/ bOX-haS been tempered with by the
extraction of ballots that We're cast on
| election day and the substitution Of
other ballots?"
mo, SIR" answered the witness
above the objection Of Judge Powers.
! He further said he knew the box had
not been tempered with up to The time
I he turned it over to Chairman Letcher
/ and Mr.. Parkes.
! ness, who said that so far as he could
/ see they we're now in the same candf-
ton as on the evening Of election day.
The blank tally lists were stolen from
| the poIroom during the day.
"Haye you any reason to believe that
these tally marks on this list do not
| represent the number Of votes that
were in the box for Smith that day%
Witness said he had not. The same
answer applied as to Mr.. Emery.
"Is it not fact that you separated
the straight Republican ballots into
piles, and the straight Democratic and
| the scratched ballots into other piles2 ~
Yes, we did,
Judge Powers cross examined the
witness. who said there was only one
! tally sheet kept at poll 1 while the
votes we're being counted This was
because somebody had made away with
! The blanks during the day. Mr.. Good
fellow. the Republican Judge. kept the
I sheet. There was some trouble on the
count of the territorial votes.
Was the dispute with respect to the
! way IN which Goodfellow kept the
I tally7F
Witness said it was. Folland did moi
receive the ballots az the window al
all. nor did he touch them in any way
! None touched the ballots at The can
vasS in the evening except the three
judges. Witness had no thought OF
any one tampering with or changing
the ballot boxes. No one went into the
! dininS-roon at his house where the
boxes we're kept besides his own fam
lily. He was confident they were il
precisely the same condition when de,
liVered up to Messrs. Letcher anG
Parks as when they were locked VI
after the canvass on polling day.
To Attorney Hile5 witness said thai
Hank Barnes accompanied him to the
Utah Commission building when ht
took the boxes there.
rs 1t not a fact that Hank Barnes
(the presiding Judge Of poll p haG
your box at his house and that you hat
his at your house2' Gaughter)
Witness said it was not. and denied
that any such change was made while
he was absent in the refreshments
room on the night Of the count, while
it was in Sergeant KatZ's keeping.
Joseph PugsIey.
Joseph pugsley, another of the Thirc
precinct Judges poll y was tber
called by Attorney Hiles. He testified
as to the method employed in counting
|. the votes, and declared that he had NJ
knowledge or belief that any chang
was made in the first poll boxes aftel
they we're finally locked on election
day.
Chairman Letche-,
Chairman Letcher, OF the Utah Com
mission, was the next witness. In an
swer TO Judge Miner he testified TO tn.
: delivering Of the boxes, two each. bl
Messrs. Rich and Barnes, at the Offices
: OF the Utah Commission. The key.
were given TO witness, and he fastened
> them on the boxes, which We're thei
, placed in private room. the keyhole
of the boxes being subsequent.
sealed. Witness WAS also interrogateC
as to the reception and disposal of tn
{, boxes from the other polls in tn
Third precinct.
Count then took an adjournment til
Q. M
Afternoon Proceedings.
, At 2 O'clock the examination o
Chairman Letcher vas resumed
Judge Miner asked witness if he ha,
any conversation with Mr. Rich a,bou
: the key when the latter brought tn
boxes to the commission.
mot at that time tsat renernbe,