The record-union., 1896-07-09
SCHOOL ELECTION CONTEST.
The Muddle In American River District
Brought Into Court.
charges That Fraud and Illegal
Voting Defeated the Will
of the Electors.

The case of Edward Falbrick against
Fatr1ck Sullivan was OF trial yesterday
IN Judge Catlin'S court.
The trouble grew out of the recent
election for School Trustee in American
River District, just east of this city.
For many years past there has been
much feeling in the district, faction
Claiming that the late Peter Burns,
Who was resident of it, had run its
affairs to suit himself and in the inter
est of his own family, one of his daugh-
ters having taught the school for sew
eral years and another one having
taught it for eight years past. The
feeling has grown and finally the re-
ligious element entered into it, making
very bitter feeling
Such being the circumstances, when
the election day came around the fac
tions both determined to win the fight
and polled every possible vote. Ber-
trand Feraut was the candidate of the
opposition and Sullivan was the cham
pion of Miss Burns cause. Both were
Catholics, but FerautS election meant
that there would be change of teach
ers, as M. Umberg, one of the old Trus
tees, was for her and George f. Nails,
the other favored a change. Umberg,
r. Ford and Max Muller were appointed
as judges and inspector before Nails
arrived at the polls, and he had to con-
tent himself with being a spectator.
There was lively contest intimida
tion and disfranchisement of legal vot-
ers and receiving of illegal votes
being charged by the opposition,
and the board finally declared Sullivan
elected by a vote Of 43 to A.. On the
first count it appeared that 81 ballots
were in the box, although only 81 names
appeared on the tally list. The votes
Were counted again and the judges de-
clared Sullivan elected by one vote ma
jority. A protest was Immediately filed
and suit commenced to have the cleo
ton declared void on the ground of
fraud. Chauncey VI. Dunn and w. ].
Wilbur were attorneys for Falbrick and
Charles T. Jones for Sullivan.
When the case came up yesterday Mr..
Jones interposed IL demurrer on the
ground that the complaint was so drawn
that it gave the defense no opportunity
to prepare itself, declaring that illegal
votes had been cast, but not stating who
cast them, and declaring that voters had
been intimidated, but not stating who
had done SO. He therefore asked that
q more specific statement be made.
Mr.. Dunn asserted that the law did
not require him to particularly specify
in such cases in the pleadings the names
OF the Illegal voters, but he had fur
nished the defense with a list of the
names in accordance with law.
The court sustained parts of the de-
murrer, holding that Mr.. Jones was
right in his contention that the COM
plaint was defective. He granted the
attorney for the plaintiff fifteen minutes
in which to amend it, which was done.
He announced to the court that he had
dropped the allegation that A. MaZzini
had offered a bribe to someone, and
stated that Ed Carroll, j. Mazzar,
Charles Maley, p. Brady, Domingo Sor-
roco, Julian Feraut, Louis Ferrara and
Eafaello Caselli were the ones charged
with illegally voting. The notorious
George Vice was charged with intimi-
dating H. Boothroyd and snatching a
ballot from the hand of Martin Lippin-
colt, who was about to vote.
In the afternoon session George w
Maliis testified that the election board
tried to shut out all except themselves
George Vice jumped into the window.
The ballots We're called off as soon as
the ballot box was opened, not having
been counted first to see if the number
cast tailed with the number on the tally
list. At the first count there We're forty
two votes for each candidate, but the
tally list showed that only eighty-two
persons had voted. They were counted
again and witness detected Mr.. Ford,
the inspector, counting one ballot twice
and the vote was announced then as
fcrty-two for Feraut and forty three
for Sullivan.
After the votes were counted dis
pute arose as to who should take charge
of the ballot box, and one Kearny told
the election officers to let the Trustees
have the box and that he would fix the
votes. George Vice, kearney and MAJ
Zini were all there, but were none of
them electors in the district. Kearney
stated several times in the presence Of
Sullivan that he was there as attorney
for the latter.
Early in the election two votes We're
put in chalk box, but another box was
afterwards brought and the two votes
were taken out of the chalk box and
put into the second one, which Ford