Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-12-10
the CONTEST CLOSED.
Concluding Testimony Taken
in the Senatorial Election
) Contest.
Inspector Moses Tesrifies the
Third Ward Returns We're
: Correctly Made
BY the Precinct Board at the
Time Counted on Elec-
ton Day.

Time Counted on Elec-
ton Day.
The taking of testimony in tho Fuller
election contest was concluded tuesday
), afternoon, with the examination OF II.
B. Moses, senior alderman Of the Third
ward, and inspector at the election IN
that precinct by virtue of his Office. Mr..
Moses evidence did not clear up in any
way tho mystery which exists, as to Row
the ballots which only showed " votes
for Fuller at the time they were counted
by the precinct board, could show IS
votes for Fuller when examined at this
eontest, one month later. There are
three ways in which this could have
happened. One is that the preolnct
election board we're go grossly negligent
IN their duties that they made that num-
ber of mistakes in counting the ballots
on this particular Office. This on the
face of it seems very improbable. The
second is that the ballots might have
been tumpered with through the slit IN
the lid of the box, the seal on which was
found to be broken, and showing wax
of two different colors. The testimony
on this point printed in The Alert in full
Tuesday, shows this would have been
: extremely difficult. The third, is that
after the ballots were counted by the
precinct election board and replaced in
the ballot box, the box was opened, and
sufficient markings on the ballots for
this Office made to swell B. w. Fusler's
vote for senator to 96, instead Of " as
when counted by the precinct board.
The question fret arises as to whether
it was possible for this to be done, and
next whether it Is probable that It was
done? In this light the kind OF look
used on the box becomes Of interest. 'On
!. some OF the ballot boxes good SOLID brass
padlocks with fat steel key, are used.
On the Third ward box the lock used is q
common black iron paddock, such as is
cold in any eto,e for Is cents. 1t could
be opened by any person in five INMATES
with piece Of wire or nail, unless the
opening was protected by sealing over IT..
This eealog Mr.. Moses testlGes
was ao. done. The lock on
the Third ward ballot box would not
afford tn. sIigutest protection to the cou-
tents if access could be obtained to che
box by any person interested IN chang
ing the retnrns. Mr.. Moses testified
that the box was not tampered with to
his knowledge, and no reason is shown
for doubling his statement. Could
such access have been obtained without
the knowledge OF Inspector Moses, dur
ing the 26 days that the box was in his
cellar? The Alert has no opinion to
express, it has preferred to give the evi.
dsnce brought out by both sides as fully
as it's limited space will allow, and the
people can draw their own conclusions.
r. B. Moses having been sworn and
j testified to his being the inspector for
the. Third ward was asked by Attorney
Ellsworth:
ballots? '~'' "' ~ ' "''1 '''''
A. The ballots were in the box as
they were counted.
@. Did you close and lock the box
with pad paddock?
o. Did you seal the slit in the lid OF
the box. and il 50 how was it done?
A. I sealed it with slit of paper laid
fat over the hole, and run melted seal
ing wax round the edge Of the paper, and
hen over the paper.
@. Was the slit tightly sealed in this
way?
A. Yes.
Mr.. Moses then testified regarding the
sending OF the key OF the box to the
county auditor. and was asked:
@. After sealing and locking the box
what did you do with it?
A. took it homo to my house.
q. How long did you keep it at your
house?
A. delivered it here on Monday the
Vast day of November.
O. Was the box when delivered by
YOU to Mr.. Vennum locked, sealed, and
in the same condition as when you
locked and sealed it after the canvass OF
the votes?.
A. Yes.
O. During the time the box was in
. your possession did you or did anyone
to your knowledge open it or tamper in
any way with the box, paddock or seal?
A. There was not, 1 know the box
was kept in my cellar
O. Did you deliver this box in re-
spcnse to an order from the board of
canvassers OF Stutsman county?
A. Yes.
O. State il you know, when that
order reached you?
A. It's dated Nov. %. don't know
J whether I got it that day or the next.
On Saturday was busy or something
and brought itup Monday. I don't know