The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-10
faint OF FRAUD.
Continued from Page -

at1tt-Ntliuck4+ 14Oi1t <1t5SS ID
this case SOME questions that haze
been disputed and discussed.
SHALL therefore, briefly address rlyzl
self to the legal prOposit lions which ATE
here involved, and upon which we de-
sire the decision of the court with Ee-l
gard to the powers and duties ef the
commission. that their powers may De
defined, and that the matters SO far
in doubt, or clouded, may be consider
ed by the court and made plain IL is
but Just, however, that, before pro-
ceeding 10 the consideration Of the lazy,
should simply refer TO one or Two
matters that have been discussed by
counsel that have preceded me on the
other side. that bear upon the facts OF
the case. believe started the other
day, ana l still believe, that the opln-
ION, If it may be SO termed, of Mr.
Tatlock. as given upon the witness
stand, as to the handwriting IN re-s
gard TO the word voted 2 was a. most
cruel, unjust and unfounded charge
against young man whose Character
is clear, whose l6fe has been lived
here. and who Is known of men, and
whose very frankness upon the wit
ness stand must have impressed your
honor. / refer 10 Mr.. George Blair.
submit that there Is no just ground for
returns from Sanpete county, with.
NEEDING with them in any way, and
that the effort TO take from him the.
character which he has secured in this
community. is not justified by the ext
gencles in the case. Neither is there
any proof, in fact there is nothing here.
but the insinuation of counsel that in
any way duplicates Mr.. George That
cher of any .wrong-dDing. For my own.
part have. at some times in my past
I life, felt the sting of charges that
were not founded in truth; and I have
always preferred, and l prefer now to
give lt4 every man the benefit of a.
doubt, to presume him to be innocent
and to not seek to tear down or de-
stroy character
The man must have but little APP
probation OF the charge that he makes,
of its gravity, and OF his. oath, that
/ will take one single word, and one LETT
ter. Of that word, and testify that it
is the handwriting of any man. Much
| has been said with regard to the OBJ
! lection we made to the admission of
/ the expert evidence after the case had
! been closed. we made that objection
| because it was a legal objection; be-
cause we doubted if any light could
be thrown upon the subject by the
! opinions OF those gentlemen, even if
they had had the hardwood to have
tilted as counsel said they would.
There never yet has been a mining
case tried; there never yet mas been
| a murder case where the defense was
insanity; there has never yet been q
case where hand writing came in ques-
ton, but what you would find plenty
of men to give their opinions one way
or another. Therefore, said yesterday,
and l repeat now, that expert testi-
= -. = 49,,
opinion at the best, and il that opinion
is partisan, or tainted by the hope of
earning a, Fee it is tainted testimony
at the best. | might just as well have
charged that counsel did not dare let
Mr.. Tatlock write the word voted
for the same reason, as for them to
stand here and argue and for them to
publish to the public newspapers what
they proposed to prove, and which the
court said was not proper testimony.
direct your honors attention to the
record in this case which is in the hand
writing of Mr.. Blair, and 1 cali you1
honor's attention to page 14S, an dto the
word voters there, and L ask that ii
be compared with the word voted as
placed opposite the name of Scott. Tat
lock said he based his opinion upon the
formation Of the letter "o,' and yet il
you look there, there is no resemblance
He also said that he based his opinion
upon the stroking of the letter Il" Yet
If YOUR honor will look you Will tlno
there is nothing 10 base such an opln'
ion upon the stroking of the letter It.
[ have simply to say TINS IN conclu
sion, that this charge is unjust. II couh
sci believed that George Blair changed
these books, if they are acting in gooC
faith, not endeavoring to ruin the char
: acter of this young man, why does
, not some one of them go before Z
. MAGISTRATE and have him arrested fol
forgery. 1t is their duty if they believe
that so high a crime against the cleo
tive franchise has bSen committed. Nay
more. | apprehend it would be thell
duty to request the court, as a com
uniting magistrate, to put III CUSTODY
Mr.. Blair, to wait the action OF IN;
grand jury That young man IS clothet
with innocence, not having been snow
to have handled these returns, or II
l have had access to them in any SNAPS
! or form. Therefore, let them, when
, aver they dare, make the charges. HI
; - ,oadx- 10 meet them
conscious. as [ say, of his innocence.
have followed this testimony care
fully. ] have endeavored to ferret GU
: where these frauds were committed
, and I am satisfied by the proof tina
! these changes were not made IN Sal
: Lake city, but were made IN Sanpet'
county before the ballot boxes or TIL
returns left that county for Salt LAX
t city. Certainly if the ballot boXe'
have been ta1npered with, and, a:
stated in the argument of counsel, tn
+ returns have been forged, but b,
whom there is 10 proof, these boHe
and papers, however, if tempered wit
at all. were tempered with before the,
: came into the hands of the Utah com
: mission.
There is substantial proof. more sub
2 stantial proof, that such is The cas-
i than there is here upon the mere opin
ion of a man Who in his entire test
/. mony, garbled and endeavored t
:, throw discredit upon this young mar
' an opinion that was tainted with
2 Ipreconceived suspicion, founded upo,
the rumors of those whom he coul
> not name. With that class of ties
! timony they seek to destroy foreve
e the character of George Blair. LIE
r me call your honor's attention to evi
e dence of that kind founded upon ru
l mor-the terrible effects of the charg
they make. Let that young man clea
himself; but if 10 or 20 years hene
+ there should arise some question i
Y regard to this young man, there ar
!: always eVll-mlnded persons enough
/ not all members of the bar. to whis
: per in dark halls and behind his bac
: that he was charged at one time wit
4 having forged election returns.
: therefore challenge counsel to brin
q their complaint before a magistrat
q and test this matter.
Judge Powers then went into TIL
/, law of the case, and at u o'clock th
: court took a recess until 1870 p. m.
On reassembling, Judge Power
closed his speech by reading the state
nent of the Utah commission at tn
head of this column. and sat dow
t with the following closing sentence:
Speaking now as a partisan, / ma