Daily capital journal. (Salem, Or.) 1896-1899, 1899-02-25

About Il o'clock that night Police
man Johnson saw p. II. D'Arcy aDd
J. A. Carson and S. T, Richardson gC
% into Carson's law office and stay
there with a light until about
O'Clock. About o'clock w. j.
darcy and Rafter returned the
original tally sheets to Ehlen at his
house, woke him up aud told him
There are the tally-sheets. We are
through with them now" That was
the morning Of the 18th. EhleD at
O'Clock returned them TO the court
house. Hayes arrived at "a. m. with
the duplicate tally sheets from the,1oul
precincts. On the mOrni8R OF the
I2tn p. II. darcy appears TO de.
mand a recount. This was adjourned
TO the goth. Carson invited Ehlen tC
a saloon and told him: III there is
any trouble keep your nerYe.' Ther
Ehlen told him that he did not know
about that. lie left town.
When the original and duplicate
tallysheets were compared, II wa:
made plain that f)rty tallle'
had been added on each set "l
sheets. The envelopes had been op.
ened, some had been resealed, some
were left uuscaled After the votes
we're changed II they had been counted
darcy would have had six majority
over Boise.
When Hayden closed Judge Nc
CHM arose and asked Mr.. Hayden "a
produce a certain paper that was Ia
the possession Of Tilmon Ford when
the first examination was had. Hay.
den denied having IL. McGinn then
asked that Ford and the paper be
subpTnpd az expense Of the state.
Sam Hayden made some reply,
LET this case proceed Ia an orderly
manner and avoid any police court
performances" said the judge, as hC
ordered the subpoena issued.
CASE FOR DEFENSE.
Judge Alfred 5. Bennett stated the
case for the defence. He recited the
main facts Of the June election as TO
judges, charged that there had been
great hostility between two factions
OF lawyers, and great feeling among
.tl. f.t.vIa - both FuHfI,p4
darcy had hled contest after the
official canvass, and the very day he
did a criminal prosecution was begun
and these defendants were arrested,
hut were repeatedly threatened with
the proposition that II they would
drop the contest, the Boise faction
would drop the criminal prosecutions
lie charged that the state would rely
on two witnesses, one Of whom left
the county asa deiaulter, The dis
trict attorney learned where he was,
got him to return on "A promise that
his shortage would be hXed up aud
the indictments against him dis
missed II he would testify for the
state against these defendants.
lie charged that Roberts had sworn
that the presence Of defendants In the
court house was on the night OF the
eleventh, Afterwards, when he was
threatened with perjury, Roberts
his testimony tOa different
date The defence would show that
the testimony Of Ehlen and Roberts
was utterly unreliable, while the
character Of defendants was above
Their testimony would sat
Isly them beyond a reasonable doubt
that they had not been guilty Of tins
lr any other crime.
WITNESSES FOR THE STATE,
W. n, Bushey was sworn, defense
lbjecting 10 him, Was present when
deputy county clerk produced tally
'heet of MI Angel, Monitor, aud |
md ButteyIlle precincts,
r. l.. Ambler, one OF the clerks MI
Angel precinct, kept tally, Identified
original ard duplicate, was same as
when left his hands lafter he looked |
I over some minutes,l except, as TO !
zoe change, where ten marks were |
added % marks he made opposite z. |
u D'Arcy's name.
lie showed the jury the marks that |
lad been added which he did NOT /
make. lie gave clear testimony al |
most OF au expert character The
ury examined the paper closely.
Witness showed blots aud blurs tnat
vete not there When II left his hands.
Tally sheets showed 100 votes for
l'Arcy bet"re IL was changed ,and I3g
otes after II WAS changed. +, X. !
Johnson started Tor Salem with the
eturns, Very earnestly
Ihis created some mirlh,,Which the
ourt repressed, remarkiug that this
rial vas no place for any such eXhl-
ions
Cross-eXamlu Could not remem-
er about some little blurs; no other
hanges we're made that he knew OF;
he last up aud down mark made 10y
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