The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-31
SCHLENTz PERJURY Case
Testimony Heard ut the Hcarina
Before Alderman Millar.
SIMRELL'S PLAIN STATEMENT
1t Shows That There Was No Truth
In tho Affidavit Sworn TO by
Schlsntz-Simrcll Corrobor-
ated by Fred Jones.

The hearing upon the charge of per-
jury brought by Charles Simrell against
Henry Schlentz. each of the First dis
trict OF the Twentieth ward, was be-
gun late yesterday afternoon before AL
derman Millar. Simrell and Fred Jones.
the vigilants who conducted the recent
primary in the district were on We'd
nesday morning arrested upon Schlentz's
affidavit that they had knowingly and
fraudulently violated the Republican
rules for conducting primary elections.
On Wednesday night Schlentz was ar
rested on the perjury charge. Only
three witnesses had been examined up
to 6 O'Clock last night when Attorney
Watson, counsel for the defendant,
agreed to the request of Major Everett
warren, the plaintiffs attorney, that
the hearing be continued to Monday
morning at . o'clock. Major Warren
explained that other important legal
business in court would engage all his
time and attention until Saturday
night.
When the case was opened Alderman
Millar's court room was completely
filled. Spectators. seated and standing.
ing and large crowd was grouped
about the doorway leading to the hall.
Defendant Schlentz occupied seat
alongside his counsel, and but a few
seats removed was Handy Man With
ers, the secretary of the recent Fuller
hall rump convention. He had been
Schlentzs advisor and best man In the
litigation which led up to the present
case, but took no part in yesterdays
proceedings.
Affidavit Offered in Evidence
Major Warren. for the prosecution, Of
fered in evidence Schlentz's affidavit
charging Simrell and Jones with fraud,
upon which the charge of perjury
against Schlentz was brought
Slmrell was called to the stand and
testified, in substance. as follows: The
primary was held in the parlor of Cor
coran's hotel, the voters handing their
ballots through a window which was
raised several inches and onened upon
the hotel porch. Seventy-nine votes
We're east, fifty for Julian Cooper. the
Ripple candidate, and twenty nine for
Schlentz, the Moir man. one ballot cast
by man named Ruane was laid aside
and on the table, which was close IN
against the wall beneath the window,
because Ruane was thought to be q
Democrat. AS each ballot was deposit
ed in the box by Simrcll, Jones, the
other vigilant, recorded the name of the
voter and the number on the ballot. The
votes and the record were twice exam
ined after the polls closed and were
found to correspond
Simrell admitted having gone to the
| water closet and taking the box with
him. Jones standing in the doorway
opening into the hall from where he
could see If any voters came to the
window. Simrell returned in from three
to five minutes. The box was a cigar
box. 1t had small slot Just large
enought to admit a ballot and the cover
was securely tackled at o'clock and was
not opened until the polls closed.
Invited 10 Watch the Connt.
SchlentZ and Cooper, the opposing
candidates, We're invited into the room
when the count was made and stood
alongside the table and examined the
ballots. They shook hands after the
count ard Schlertz said he was salts
fled with the manner in which the pri-
mary had been conducted.
Major Warren handed the witness the
Republican primary rule for 1891 which
he later offered in evidence as still gov
erning primary elections Simrell said
the book did not contain, so far as he
knew, anything bearing upon the quail
iications of a voter All who voted that
day We're Republicans.
On cross ss-eXaminatiOn Attorney Wat
son brought out the fact. which had
appeared in the direct examination,
that the witness had been to the water
closet while the polling was in progress
and had taken the ballot box with him.
He denied that in putting ballots into
the box he took other ballots out and
threw them on the floor.
Fred Jones, who with Simrell was ar
rested upon the information sworn to
by Schlentz, was called.
Evidence OF Ilr. loves
His evidence was practically n corrOb-
Grafton of that of Simrell. He stated
that he stood In the doorway talking to
Mrs. Corcoran, the prOprietor's wife,
while Simrell was in the water closet
and that no voter came to the window
to vote. Schlentz was about the place
from o'clock until after the count. On
cross-eXamination Jones said that he
saw each ballot deposited in the box
before he recorded the name and num-
Der of the voter and that the list and
votes tailed in the count, which showed
that every ballot was accounted for.
The list of voters was offered in evi-
dence.
Hon. Alex r. Connell, representative
of the Second Legislative district. testi-
fled to the good recute of Simrell, the
plaintiff. Attorney Watson objected to
the evidence as immaterial, but was
overruled.
Mr.. Connell further testified that he
had examined the box just before the
voting began and found the cover Sc
curely tackled. He was in the room
with Candidates Cooper and Schlent2
and the two yigilants when the count