Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-12-24
ADDITIONAL FACTS
Brought Out in the Senatorial
Contest in This Dis
triCt.
Reply to Charges of Misrep-
resenting Testimony in
the Case.
Statement of One Of the
Judges Of the Third
Ward.

Ward.
An article appeared IN the jamestown
Capital yesterday, purportine to give
, the facts, as related by the evidence, IN
the Fuller aud Sanford senatorial con.
test case. The article was evidently
prepared for the special attention OF
members OF the state senate, and to at
tempt to counteract the growth OF pub.
lie sentiment that has occurred since
this contest began.
The charge that Mr.. Sanford and the
press and correspondents OF other papers
Shave garbled and misrepresented the
evidence in this case is both false and
slanderous, as reference to the testimony
itself will show.
The fact is that the contestant, Mr..
Fuller, has been fairly defeated. in the
election for the state senate; that be is
endeavorlng to occupy seat the can
wasting board awarded to another; that
he claims the election by narrow ma
iority of five votes, after the most extra
ordinary proceeding of the alleged
counting of the Third ward ballots
40 brought out by the testimony in the
case.
), The article in question purports to
give facts. An examination of the testi-
mony shows that gross misrepresenta-
tion IS substituted therefor The writer
of the article alleges that this paper
continues to misrepresent their testl-
mony and garble the referees findings. +"
Let ne see:
In this case there has been no referee
appointed and il there had been he
.wonld not be empowered to make find
ings. TT. Branch, before whom the testi-
moDy was taken is notary public
chosen by contestant to take testimony,
the Law providing that notary public
>>may take testimony.
OF the facts stated in this article re-
ferred to: The first statement is that
there is nothing in the Pingree or Mont
pelier returns to chow valid election.
This is not correct as the supreme courts
have held that electors Of precinct can
not be uisfrarchised by the neglect OF
officers OF election to till ont and CON-
plete the returns by attaching certifi-
: cate.
In the Second ward it is claimed that
six ballots for Sanford bore distinguish.
ing marks and the senate will be asked
to throw them out for that reason. The
law expressly says that the voter must
place the cross mark within the circle
before the name. Any other mark out
side the circle, and upon the ballot
would be Distinguishing mark. II all
such Distinguishing marks left on ballots
were thrown out, q majority Of all the
ballots cast in the county would have to
be thrown out.
The article also says, admitting that the
preclncts Of Pingree and Montpelier can
be counted, that the examination Of bal
lots in the Third ward shows contestant
to have five majority. They obtain this
result by throwing out all votes marked
for Sanford in both independent and
democratic columns. This act is against
decisions Of the higher courts of several
states and against common sense. The
voters intention is doubly expressed and
the law provides that the intention Of
the voter must be the guide. The cleo.
ton board gave Mr.. Sanford Al votes in
this ward, and by the Capitals figures
he gets q. Mr.. Moses, the inspector Of
election of the Third ward, in his testi-
mony on his oath, asserts that the re-
turns were correct, and on further ques.
tioning said he would not sign returns
= not correctif he knew it. Mr.. Moses
I was candidate for Office OF sheriff of
this county, before the last republican
convention; he has been always regarded
.-as man of excellent standing and
ability, and is known as friend Of Mr..
Fuller.
In this connection Joseph Mason, one
Of the judges Of the election in the Third
wa7d, was seen today by an Alert re-
porter, in regard to the counting OF the
ballots in that ward. He has been on
election boards ever since elections have
been held In this city and he
states that this is the first
time that any of bis work in connection
with any canvassing of votes bad ever
baen called into question, He was one
OF the judges when the first election was
held in this CITY, and hardly an election
I for state, county, city or school officers
has been held without his as.
sistsnce % member OF the