Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-02-26

lubulnlc are denied.
1HE PROHIBITION CASTS.
Judge Powers then aakcd that the
prohibition cases DO now taken ur;
uut Judge Miner wanted them CON.
tuuuJ 600 . O'Clock, come of the
pouADutr' witnesses belng abscnt
Judge BMiCh-AH 10 ihH wrlin 70
prohibition, / must ray the opinion Of
tHO Supreme Court iH not ss flI. on
that subject 90 ] would have liked.
They ultimate that the wfils would
DE-, but hold there 10 no necessity
for them. By referring % the
decision iE tho writ o. mandate, l dii
not understand shat that question was
raised before mo Mt tue time. had no
understanding that thu defendants ret
up the writ Of mandate az bar b. tho
writ VI pIohllilou Boa the Proceedings.
hut 10 arptau Q was B3 presented 10
the Supreme court aud they have 10
held, but tha. inO Wit % prohibition
would De.
Judge Miner aalI % would take q DAY
Of two 10 try tuusu prohibition catgt.
JuIEO Baftgb autEurcd that he must
leave i.t raf0wau ou friday morning,
mud unless the caFu8 wtfo nuisAud ~
ibOu they would have 20 go UyOr
Judge Powers insisted that the hear
lur DO forthwith proceeded with, AMI
HiIUTis0mu further conversation the case
was takon ~.
10 was nUt mutually agree tlat the
testimony admitted boo tao santa caEu
should apply In the Emery case also;
Oud Then Attorney Ogden HliJ' rCHu
the petition Zoe the wilt Council i0T
tue petitioners, he taId, would oilcr
10 prove TIM, the ballot bOxCs
had been studied, that yoiCs
which ought 10 be counted, anu
were counted, ur0u the returns for
john Henry Smith has been tahUn
uut aud false ballHts aubHulutgd, awe
ntN council" added ME- hllus, "lJ
agree, iiil no admissible OF all, that
mo evidence token Ia the mandate
cases last night may bo taken here"
Judge Powcu-Wo have NO 0ulcc.
| lion o. that
Judge B,r,oh-That includes the
/ tally HhuUih2
Attorney Hllrs-Yor, flr.
Attorney A., j.. Williams, by way ~
amended answer, nuEt asked leave {
/ plead tie issues anu Judgments Of this
/ court in the nuniamus cases AZ q bat
/ 90 thvlu proceedings.
The court aEou,Ul 20 this.
a missing witutB1 Was Eli a. Fol
land. hU had buuu tubTUuaod, nut
/ was NOT now present. anu Oh uppllca'
ton OF Jutgu Miavr Gu attachment
warrant was igBuud against him,
Leave was then given Attorney
! II Hes tu amend the complaint and
| affidavit boz prohibition NY the settling
/ up VI The fact OF tho appointment by
| tuu Utah q mmlEIlou ui ga inter.
IN ud,ary board, gnd th0lr return,
the gEausioEY.
l.. j.. Rich twas mat called 10 IN
Hlnud. In answer % Attorney lille
huHaii he was one OF tho Judges a.
pHll in the Third precinct nc tho los
| Nov. election. Ell a. F0Iland wa
there acting as q CLERK, bu { was not 1
| sworn liliggE
Judge Powers objected 10 this las
question a. Irrelevant, aud argued
thereon NJ some lUngth, discussing "a,
question Of tue particular power Of tht
! Utah Commission, ON which, ho said
the Court hal already passed. Tue
wit OF prohibition, no said, was thl
. .
| Attorney Hilg8 said hH could no
prove everything In breath. Tao qIuf
tilu was a general one.
The C8ur. admitted tho question cut
icci 10 objection.
WiluCaa wa6 then askUd how Fol
land got there. lilo raii someone tclt
pn0uud 90 the Utuh Commission o.
further assistance anu Mr.. FollAnd wa
!
clerk with the understanding tlut %
had that Right When the canvass va
made nt lthe close Of the polls thet
wcrb present, conducting tho samo, IA
three judges, Mcsur. Pugaloy
G01IiellON aud witness. FOlian
and another man named ~
son stood by, looking on. Whr
the ballots were canvashtd the Coz
stitutlonal box was locked after boin
fastened within. Tyt0u did not hay
tho custody Of the box at any timr, y
far az ho knew, Witness took the 10
with him when ho LETT, went 10 "a
DomucTatiu ruffeehment room, place
10 on tho table and LEI. II In charge O
Sergeant KatE, who hold no oilloil
petition IN tho election. No oath WI
administered 10 him. WitueH5 ioit o.
box IN kGtz's charge maybe fr0r
twenty minutes 20 hall an hour, but h
himself had tho key al the tim,
He took tie box home ard kept
under table IN his dining room unit
December 6iu, when he delivered u q
tho UAh C0mmissi0u oiliCes. A sel
was thon placed upon o..
Attorney Hiles-Whgn you ha
concluded the canvass, was there an
disagTOemgut between your tally list
the poll ntti, and tho registry lists !
your poll Ia respect 90 tho number {
votes cast Tor John Henry Smith.
Queation objected g., but admitto
SUBJECT 10 objection.
1--WE did not compare them,
anawoTed the witness.
There was a broken key In tho thir
poll-brOkeu by John Reed, b
bellevud-Out not In the box {
tho hlst poll. TA0rB was on
key for each box aud these were III
| lyBrel On MessTs, LetchUr ana Park
Gt the Utah Commission with On
bUNes. they were attached TO Oh
boxes by o piece OF wire, Vitae.
never aaw this box again after it WI
delivered. lttrauspired from witness
subsequent evidence that thoTa wei
Two bnXes-lho constitutional anu III
county,
"Was there anyone elsa presst
when you Lott the box with kAtez1
aaked Mt, Hiles.
witness gaid yes, half a dozau
I ,,s..r.. IfDfnIIiRr ma aud nnHrY.raF. 8