The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-06-03
COURT MADE AN ORDER.
Will De q Waste of Time TO Challenge
a Vote for a Reason Not Stated
ia Bill of Particulars.

Judge Gunster made an order yes
terday in the Langstaff- Kelly contest
that witnesses cannot be examined on
any point but the specification alleged
in the bill of particulars. The order
was as follows:
We are of the opinion that the contest
ants have the right to ask the question
and have it answered for the purpose
stated; namely, identification, but it will
be a waste of time to attempt to chal-
lenge any vote for any other reason or
upon any other ground than that stated
in the bill of particulars.
When Anthony Stetz, of the Third
district of theEleventh ward, was on
the stand Wednesday, Mr.. Holgate
asked him where he was born, and
Mr.. NewCOmb objected to the question
as immaterial, and irrelevent for the
reason that NJ. Steitz was not charged
on the bill of particulars as being an
alien but was charged with not having
paid his taxes within two years pre-
ceding the November election. Mr..
Newcomb held that the witness could
be examined only as to his tax re-
cepits.
Commissioners Duggan and Lewis
disagreed on their ruling. one said
Mr.. NewCOmb's contention was right,
and the other said it wasn't. \ trans
Cript of the questions asked the wit
ness and the objections made by the
attorneys was certified by the stenO-
grapher to Judge Gunster who con-
suited with Judge Archibald, and the
above order was made.
Mr. Holgate maintained that the
contestants have the right to ask
whore witness was born. if for no
other purpose than that of identifica-
tiOn. The court granted that much.
Mr.. lIolgate claims that under a dcci-
sion Of the Supreme court a man not
born here must prove his right to cti
zenship to the entire satisfaction of the
law covering the case He says the
bill of particulars may Ee so amended
that every specification will he made.
Since the hearings began it had been
the custom until Wednesdays objec-
ton for Mr.. HOlEate tn ask every wit
ness the same questions; first his name
and voting district, whether or not he
voted for county treasurer at the NOv-
ember election, where he was born,
whether he was naturalized if born
abroad, did he pay a state and county
tax within two years preceding the
election, had he resided in the election
district 60 days and the state one year
before the election, whether he had any
assistance in making his ballot and
if so the nature of it, and lastly
whether he received any money or val
liable consideration or the promise of
such for his vote?
Witnesses from the South district
of Lackawanna township will be eX-
amined today. Those examined yes
tcrday were from the Eleventh ward.
one was disqualified because of no
| taxes. Those examined were: Nicholas
| Fish, Jacob Reidcnbach, r. Adolph,
| William Wcinzer, stephen Bender,
Adam Paultk, John Conaboy, Philip
Schafer, Joseph Pauth, w. c. Klein,
/ George Oswald, George Seibert, James
| Flannaghan, Patrick Barrett, Conrad
/ Rentchlcr, John SChWenk, William l..
| viii, Patrick Vim, +. p, Haas, James
| Croghan, Patrick BrOgan, 5. n. Phil
/ lips, Gus Faddcn, Henry HcCkling, An
! thOny WeinsCenk, who was school con-
| troller of the ward for years, Andrew
| Stcinmetz, =. j. O'Malley, Bernard
| Miller, Joseph Shoemaker, Charles
| Schneider, j. T. SchWcnk, the cX-COun-
| Gilman, John MusEcr, Valentine Pip
! llnski, Joseph Shienski. Rudolph
! Ferdgman and Nicholas ClarkOwski,