Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-03
The ELECTION CASES
Elndamus and Prohibition Proceed.
ln5S To-day,
sASpErG coUSns ISslses.


NltAA hh' hNNAAAh " - NhN AAAlAAANAN'
and prohibition proceedings instituted
against tbs members Of the Utah Com,
mission, arising out Of tho late election,
began this morning in the Third Dis
lricl court, before Judge Bartoh
There was a large attendance Of spec
tatou, many Of whom hailed from
5anpo,e county, and some Of whom
had been brought "a witnesses.
Tho petitioners were represented BY
Judge Bennett, Zane q Zane and Hllei
& Miner the deloudanIs' case was en-
trusted TO Judges Henderson and
Powers and Attorney Farley l.. Wi.
lame.
Judge Henderson was unable 10 be
present, being engaged In an imnnr'
iint case m Judge MerritpH court, and
Judge Bennett likewise took no active
rnrt in the days proceedings alter the
hearing had been fairly launched,
though he was IN attendance portion
OF the time.
Alltho commissioners were present
WNNh fiN NAANlAANA " e"AAi AAatNAaNaNA
Thatcher.
Wu,n the case was called Attorney
Ogden Hi.es said that In the case VI j..
D. Page OF Sanpeto county VI J, II.
Lutcher and others ho desired 90 pre-
sent an amended affidavit, copy VI
which had been served upon counsel
on the other side. by stipulation 10
was agreed that this aud tue answer
In the Page ease should DO the same la
all the other oaeoe.
Attorney Juhu NJ. Zane, on behalf
OF The petitioners, thea called Com
missioner H.. w. Tatlook 10 thoetand aud
wanted the witness ~ produce the
original tally sheets Of the election Ia
Sanpete county, but he eaid no had not
got them. He understood they were
IN the possession u Chairman Lotchcr.
80 halt was called, o. Mt. Lutcher
was not then present. After lapse Of
about i've minutes Judge Bartch asked
whether counsel could not proceed
without that gentleman, but Mr.. Zane
replied that they could not IL was
further explained that Chairman
Lotcher had been telsph0ned for aud
was now on his way uOwn with The
necessary pa, ore, IL was l0:85 when
Mr.. Letcher arrived with the duplicate
tally sheets. Thoy were handed 10 the
witness. who enumerated from them
the following precincts In banpote
county, Chester, Faltviuw, MHnu,
Mayneld, Ephraim, Fountain Green,
uunniaon, Mount Pleasant, M0roui,
Spring CITY, Indianola Tor Thistlo)i
Fayette, Wales, Sterling aud Miloutn
Nit. Zane then asked whether on
those tally sheets there was any dis
crepAnoy shown ~ 10 tue number o.
votes cast for ]. ID. Pager
Witness, after examining the lisu
carefully, replied "There Il not"
els there any discrepancy ~ TO q
r. Larsen or J. Il. Jolley2" mex
quefied Mt. Zane.
Commissioner 1Atook requested
time 10 again 90 through the lisls, anl
Judge BRftch said the witness nigh
satisfy himself on the matter.
Having made another minute In
ipoction Mir. ratlock anaworedi "Non'
NJ 10 q, Il. Larsen"
care there any as 10 ]. l., JolleyP
next questioned Mr.. ZAue.
another search through the tally
sheets was made by Commissionol
Tatloek, who eventually replied: "AnC
uUne as 10 j. l.. JOlley."
Snow have you q memorandum show
ng the number VI votes cast Tor eRol
candidate In each proClnot In Sanpetr
county on the Contributions
tiCkrt2n
"Yvs, and II has been furnished /,
counsel Tor the plnintilla." The order
OF lhe majority was also pointed GU
by the witness.
Mr.. Zane then asked that the origi
ial tally sheets be- put In In evidence
Mr.. Williams objected 90 this unless
counsel proposed 10 put In additions
papers Constituting the returns. a par
VI the returns, he said, were not whal
was before the Commission or that was
required 10 DO before that body. They
were not guided In their action bJ
these alone.
care there any other abstracts show.
ing the votes cast for each candi dat,
except these tally sheets furnished Il
the Commission2" queried MIR. Zane
Sin my Judgment" answered the
witness, "thete IL none"
Asked TO be pD6itiye IN 20 this tho
witness said, "rhero In not"
After some discussion this Cour
oyetruIsd Mr.. Willlams's objection,
The witness was next requested 4
read Of the totals ia etoh precinct Tor
each candidate ana the totals for the
county from the taDulated statement
plaoouin his hands; and this he did.
In oross,exRminAtlOn by Mr.
Williams. witness snid lac did no
know that any other papers were To
coivei In connection with these tally
sheets.
GLOW do you know thai2" asked Mr.
Williams.
"Because have the knowledge,
suppose" was the answer.
Witness said he assisted In the can,
vass OF the returns from Sanptt,
county for ths election OF delegates L
the Constitutional Convention.
Mr.. Williams next asked whether
the tally sheets now produced here
we're all the papers used In making tht
canvass OF ths returns.
Objected 10 by the other side and OBJ
lection OverTuled.
Witness answered the question will
"Yes.D
"Didn't you examine other papers IN
making that ounyasr2"lurthor Inquired
Mt, WilliamH.
Objected 10 again rs Irrelevant, i'm
material and not or0ss.eNaminatiou.
Judge BarlCh-H he may answer
mo" replied the witness.
"Dld tho Commission examine any
other paperi' continued Mr. Wa
liams.
But the question was objected to on
the same grounds ami oyerruled, and
nm execution noted.