The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-06-17
KNOCKED OUT.
Cannot Go Behind the Beturus in the
Contest Gases, Says Referee
Brockway-Conclusion of the
Hearing.

The hearing in the city contest cases
was resumed at an early hour this morn
ing ard the court atmosphere after ex-
positions and explosions Of yesterdays
proceedings was much clarified. Not 90
many auditors were present and a more
settled conviction as to the probable out
come OF the contest appeared to pervade
each co%unteuance. No one now seemed
to question the illegality of the eight
votes thrown out and as little did they
believe anything was to be gained by q
recount. But the attorneys for the
defense were going to contest aver inch
OF the ground sad now stood v~slliantly
in the last ditch for a ecount.
James Shaw, n Of the judges OF cleo
ton in the FIRST Ward was called and
sworn with a view to laying a basis for a
recount. Witness had not gone far when
plaintiffs objected to the course iof pro-
ceedings and a long argument ensued on
the merits Of the evidence at the close OF
which the objection was overruled.
Again the witness testified for a time
and the objection was renewed That the
evidence did not correspond with the
allegations IN defendants answer. This
objection was sustained and the defense
asked leave to amend. Having admit
ted in their answer the validity Of the
city canvassing boards acts in declaring
Whitmore and Dempster elected they
desired to get behind the returns by
eliminating this from the answer and
moved to amend the answer by striking
out the words 'canvassing board and
inserting the words Judges Of election"
The court permitted the amendment in
the case of Neill vs. Dempster, but dis
allowed it in the mayorslty contest.
This knocked out the recount for the
latter and confined the hearing to the
First ward contest.
James Shaw, judge Of election in
First ward. then testified t 0 assisting in
counting the ballots, returning them to
the box, mailing the box up as best they
could, carrying it to the auditors Office
and delivering it to the auditor with the
sealed poll books; to being there some
time afterward and seeing box opened
to look for his pocketknife lost on cleo.
ton day; box was ricksty; was nailed up
but not locked; saw boxes in auditors
Office last on May %; ballots were ex-
posed to view when opened.
VIM. Rae, city auditor, produced bal
lot box in court, identified it, and testi-
fed to it's condition, confirming Shaw's
statement throughout as to what was
done with the box; kept the box under
his Office deck for q time and then re-
moved it upstairs In his house.
Defense offered the box in evidence.
Plaintiff objected until after cross-exam
nation Of witness. This examination
revealed the fact that the box in it's con-
dition and place OF keeping was not alb.
solute guaranty Of the safe keeping of
the ballots, and plaintiff renewed objec-
ton to receiving it in evidence az q COM
petent basis on which to found a claim
for q recount.
Judge Aiken made q strong argument
against the admission of evidence of such
character, at the close Of which the
court sustained the objection upon the
3 round that the character of the evil