The San Francisco call., 1899-03-10
BALLOTS BOLDLY
TAMPERED WITH
Gross Frauds Right in
Open Court.
HERRlNGTON Is GRlLLEO
JUDGE dYLAND SCORES THE
DARING sCHEMERS.
Tactics of a San Jose Contestant That
Will Cause Him to Lose, and
Provide Work for the
Grand Jury.
JUDGE dYLAND SCORES THE
DARING SCHEMERS.
Special Dispatch to The Call.

SAN JOSE March 9.-There were
some more sensational statements of
the discovery of fraud in the Herring
on-CampbeH contest this morning.
Judge Hyland did not mince things but
told those interested in the matter that
he had found the grosSest frauds, and
to make matters worse these had been
practiced right under his nose in open
court The courtroom was jammed and
the spectators enjoyed the 'grilling
Herrington's attorneys came in for.
Judge Hyland stated the contest was
now reOpened for the purpose of either
side offering testimony as to the pecu-
liar crosses and thumbmarks found on
the ballots which had evidently been
tampered with.
H. G. Moore, Herrington's attorney,
said he had no evidence to offer.
The Judge then gave long explana-
! tion of the crOokedness he had dis
covered 1t was stated that Campbell
had by evidence impeached the validity
of six ballots from Vineland Precinct.
On these a peculiar cross had been used
and always in the interest of Herring
ton. These ballots had been tampered
with in the interim between the count
of the ballots in the COnant-LOtz con-
test and the present one. Campbell had
! introduced testimony to prove these
marks were not on ballots in the con-
test and the contestant d made no
attempt to refute it. Further there had
been eleven blank ballots in Vineland
during the first contest, but during this
recount the number had changed to
nine blank ballots, and the missing two
had evidently been changed to Herring
ton votes. Judge Hyland stated he had
gone over a majority of the ballots of
| r Iao tU "a hnlIOtR
that showed unmistakable signs of
fraud In San Jose Precinct No. Z there
were six of the ballots. The cross used
in each instance was different from that
on the ballot and easily found. In
Precinct No. there were four, in Pre-
cinct No one, in Precinct No. one.
These were counted prior to February
6 and on all the same cross was used.
After this date a different cross was
used and the user had left his thumb
marks around it in evidence. OF these
marks San Jose Precinct No. IL showed
two ballots, Precinct No. IS three, Pre-
cfnct No 20 five and University Pre-
cfnct one In all some twenty mine or
these ballots had been changed. Ihls,
the court stated, was the result or his
research. He again inquired II either
side had any evidence to present in the
matter.
Moore answered in the negative
| Campbell rose to a point of explanation.
He said he had no excuse to offer as he
had directed the courts attention to
the matter They had proved by testi-
mony the ballots had been tampered
with The fraud had been against them
The marking of the ballots had been
piece of villainy of which they were the
Intended victims, but the plans had
been thwarted and the fraud detected.
Judge Hyland then ordered the case
submitted for final determination.
Gang politicians are not pleased with
the outcome of the contest for they now
realize Campbell will be given the de-
cision. Furthermore the Grand Jury
now in session may take the matter up
and bring in some indictments.
II is thought that the same tactics
EMPLOYED to count Harrington in were
used in the Conant-Lotz contest. Lotz
was given the certificate of election
over Conant by two votes. This was
after the Supervisors had reconsidered
their action whereby they gave the
election to Conant on similar vote
and had cut down his majority of four
teen. Instead of gaining in the contest
he lost from the start and Lotzs lead
of two was increased over hundred.
Conant's friends now claim he was
counted out.