The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-23
All Now Depends on the Fourteent
Precinct.
CONTEST HEARD IN COURT
DRIVERS ATTORNEY WANTS TO
GO TO THE BALLOT BOX.
Leaving Out the Fourteenth Precinct,
Boyle Still Has a Majority of 10
What Chief Davenport Told a
Witness.

The election contest case was on yes
terday before Judge H. II. Rolapp, and
was watched with the most intense in
terest by a. crowd of interested specta-
tors. whose faces showed deep anxiety
when their candidate seemed to be
losing, or lighted up corresDondingly
when he made a gain. All the excite
ment OF election was had over again.
and yet there was no opportunity to
get out and yell. throw hats in the air
and say, What's the matter With
Boyle or ''Hurrah Tor Driver
Mr. Driver was there, dignified and
Interested watching the proceedings
with interest, but apparently taking no
part Mr.. Boyle, TOO, was on hand
most Of the day, and followed the con-
test closely. AT any stage of the case
he could tell just how matters stood,
with reference to his chances, whether
the situation involved a legal point or
the number of ballots he had lost and
gained.
The election books. tally sheets and
ballots were put in evidence, and were
certified to by City Recorder E. II. An
derson, who was likewise put on during
the progress OF the trial to certify to
the returns of certain precincts. In
trying the case, an effort was made 10
follow the bill of particulars served by
the plaintiffs on the defendant attor-
neys but several variations We're made
in this order.
Attorneys David Evans, J. H. Mac
MILAN and A. ]. Weber conducted Mr..
Boyle's case, while j. n. KimbaH and
John D. Murphy represented Driver.
The plaintiffs put on George Halver-
son to testify to a conversation had
with Miss Nettie Wilson, as regards
her vote. and the place of her resi-
dence. He was not allowed to testify,
on the ground that his was not the best
evidence obtainable, and the plaintiffs
subpoenaed Miss Wilson.
Meanwhile c. c. Stiffler, Republican
watcher at the Sixth precinct, was
called. He was to testify concerning
certain irregularities charged in the
complaint, but his testimony brought
up the question about the opening of
the ballots. and the argument on this
question resulted in the judge deciding
to open the envelopes and count the
ballots il the disputed districts. Boyle's
attorneys objected, but were over
ruled The First precinct ballots were
counted, but no Irregularities were
found.
In the Sixth one ballot which had the
cross marked near Drivers name, but
outside the circle, caused g lengthy dis
properly thrown out.
In the Eighteenth Boyle lost by the
count, and Driver lost l, a net loss of
three in this precinct for Boyle.
Drivers stock was clearly in the as
cendancy, and it received another boom
when Miss Wilson's testimony was in.
Miss Wilson, an extremely proposes
sing and intelligent young lady, testi-
fed that she voted for John a. Boyle
in a Fifth ward precinct though for
some weeks she had been rooming and
taking her meals in the First ward. She
explained that for years she had been
living with an aunt in the Fifth ward.
Her occupation was that of a dress
maker, and her working establishment
varied as to its location, but she had
always considered her home as with
her aunt Many of her effects were
there at the time she voted, and her
change to the other boarding place was
understood to be not a. permanent ar
rangement.
Her vote was thrown out, making a
complete net gain for Driver of eight.
In one Of the precincts where Boyle
lost four by the recount, the complaint
had alleged a discrepancy of only one.
The question arose as to whether Dri-
Yer could profit by the four, or wheth-
er he could take only the one claimed.
This was one of the matters taken I'M
der advisement.
Plaintiff continued putting on wit
nesses to prove that votes We're cast for
Boyle i'll precincts in which the voters
did not reside. B. c. McGill who was
charged with voting for Boyle outside
of his own precinct, was asked who he
voted for, but appealed to the court to
be excused from answering, and the
court sustained him.
Mr.. kinhali tried to reach the infor-
nation in another way, and asked wit
Less as to a certain conversation which
he had with Chief of Police Davenport,