Daily capital journal. (Salem, Or.) 1896-1899, 1898-07-07
The Crash Has Come
HARRITT G LAWRENCE
BOISE'S ANS WEIR.
In the Contest Suit Of P. H. darcy for
the Judgeship.

In the Contest Suit of p. H. darcy for
the Judgeship.
In the case of P. H. darcy, plain
tiff and petitioner, VS.. r. P. Boise
defendant and respondent, wherein
the plaintiff, contests the seat Of the
defendant, as judge for the circuit
court, an answer was yesterday filed
by Judge Boise, through his attor-
neys. A general denial of the alle-
cations contained in the complaint
and petition is entered by the defend
ant, and for further and separate
answer aud defense the defendant and
respondent makes allegations as fol-
lows:
"That soon after the returus from
the various election precincts in
Marion county were returned to the
county clerk OF the said county at the
election held on the 9th day of June,
1898, at which said election the
plaintiff and petitioner, and the
defendant and the respondent were
candidates for the office OF circuit
judge of the third judicial district as
alleged in the petition on file herein,
the clerk of Marion county Oregon,
opened the ballot boxes for the pre-
cincts of Butteville, Monitor. Mt.
Angel and WOodburn, and turned the
same over to the plaintiff and
petitioner, and to certain of his friends
and relatives who were acting in his
interests and in his behalf, and the
said clerk did, then and there turn
oyer to the said plaintiff and petition
er, his relatives and friends the tally
sheets kept by the first clerk of the
precinct last aboYe named.
THAT about the time last afore
said the SAID clerk procured the tally
sheets from the legal custodians
thereof for the four precincts last
named clandestinely and fraudu-
lently, through the connivance and
through the importantly of the plain
tiff and petitioner and his said rela-
tiyes and friends, and the said clerk,
the said petitioner and his said rela-
tlyes and friends conniying, conspir-
ing and confederating together for
purpose Of cheating and defrauding
the defendant and respondent and
the people of the Third judicial dis
trict concerning the matter of the
election OF defendant and respondent
to the said Office did, on or about the
time, and at divers times between the
10th day Of June and the Goth day of
the said month, for the year 1898,
change all of the tally.sheets afore.
said, so as to make it appear upon the
face thereof, that the plaintiff and
Petitioner had received twenty votes,
in the precinct OF Buteville aforesaid,
more than he actually received;
that he received ten votes
in the said precinct OF
Monitor, more than he actually
received, and that he received ten
votes, in the precinct of Mt Angel
more than ne actually received by, at
the time last aforesaid, marking the
respective numbers Of tallies upon
each of the respective tally-sheets last
hereinbefore mentioned the respec-
tive number OF votes opposite the
name OF the said plaintiff and petit
tioner, and also by, during the dates
last aforesaid, changing the
and forging the ballots in the
ballot-boxes aforesaid in the said
precinct Of ButteYille, Monitor, Mt.
A ngel and WOODBURY., so as To make
the said ballots appear that the said
petitioner and plaintiff had received
a much larger number of votes than
he actually received at the polls.
"Wherefore, the defendant and
respondent prays, that the plaintiff
and petitioners petition and com
plant be dismissed, and that the de-
fendant and respondent recover from
the plaintiff and petitioner his costs
aud disbursemeuts."
One hundred and fortF-nire Veter-