Daily capital journal. (Salem, Or.) 1896-1899, 1899-02-18
BALLOT FRAUD CASES
Counsel for Defendants File Usual
Motions and 0emurrers,
Special Venires Of Jurors Will Have
10 ne Drawn From the
County.

AOuntys
When Judge Burnett called IN
court 10 order at o O'Clock there was
stir among The lawyers, a rustling {
papers and signing up of pleading
that took several minutes. A sepaI
ate motion aud demurrer was file
and served by Mr.. Bingham, counsC
FOR Gse Of defendants In the ball0
fraud cases. s. r. Richardson CAV
notice Of demurrer ia his own be
half
There are three official stenogra
piers employed 10 this case.
Mrs. Scott is taking the testlmon!
for the state Of Oregon.
Miss Clark and Mrs. Bickford arr
stenOgfaphers for ali the defendants
except ). @. Richardson and l.. V
Eblen
The original list OF jurors has beer
Une-half exhausted by drawing Tho
grand jury and members being ex-
cused. A new yenire will have 20 be
| drawn.
The court may not draw them from
the list OF 200 but may send the sher-
ilI 10 summon jurors from the body
Of the voters. IN the Swartz murder
trial Judge Burnett ordered the sher-
iil 10 summon special yenife ~
jurymen from the body OF the quail
ihed electors Of the county: This was
also done In the Magefs muraer trial
IN Polk County.
The plan Of the defense seems 10
be 10 exhaust every resource Of plead
lugs before going 10 trial
That they are men Of more than
average legal ability and will make
powerful defense both at law aud on
their trials, must bo admitted by all
The cases may not go 10 jury before
the middle Of the week.
ARGUMENTS ON DEMURRER.
The Butteyllle indictment with
respect 20 s. II. Richardson vas re-
ferred back n the grand Jury as being
defective m certifying the list OF
witnesses.
The forenoon was taken uD Ia hear.
Ing the demurrers IN these cases.
=. r. Richardson filed demurrer
that was general In that the lndict.
ment Ia lts form does not comply with
x. Under section 9l3 OF the
code he objected 10 the demurrer be
Ing heard by Judge Burnett, on the
ground that he was candidate at
the same election and might have
heen interested 10 the result, and
therefore could not we'll Try this case.
Judge Burnett could not see how
this Indictment, or altering tallysheet
could affect hlm or his interest AS a
The court said the
changes Of ten tallys In the precinct
iould not interest him as he had 2OOO
majority and he oyerruled the motion.
Nh. Richardson then proceeded to
argue % general demurrer but asked
rst 10 nave his counsel, Judge Bur
lett present. He said while he was
IA attorney no attorney was "A proper
lerson To appear for himself la case
II this kind. Judge Burnett over
ulod his plea for time 90 confer with
lls counsel aud ordered him t0 pro
eed with his argument. Mr. Rich
rdson cited Oregon decisions 20 sus
ain his contention that tins lndict.
lent was held insufficient by the
curt AT former term, aud as the
tate WAS not entitled 10 new trial
ms second Indictment was defective T,
ecause u was the same, word for f,
'ord, as the indictment he had before
eld To bo Insufficient, The state had
right 10 appeal on questions OF law, :
ut had no right 10 demand new In. !,
ictment. y
The talley'sheets were public =
cord but the Indictment did "
1t bring the defendant, within
he penalty clause of the law. The :,
neral law under which they were -
dlcted was repealed by implication y
the Australian ballot law. "
Mr. Hayden for the strife showed %
AT the court had only sustained "
e former demurrer pro forma, not VI
cause u did not constitute a cause
action, The indictments were not
lt back 20 the grand jury 60 cure ~
y defect Ia their form or Tor not "''
lpery constituting crime. They "'
tc seat back because that grand
y was not a constitutional body, =,
the law authorized tue district a.
orney % resubmlt any Indictment Gr
TIE grand jury upon order of the uu
IT. Me holmes reviewed the -
le ground.
IT, Richardson resumed, stating
i thee Vas 40 such thug asatallv A
el being part ofa psblic record n
~ tue Australian ballot law MAS q
cled, Hut they we're not Indicted lat,
'cf the penalty clause ot that law. resi-
under an old law repealed by the 'u'
'' This was a very due point aud n
'e ia The nature ofa surprise Ia tue uo'
e. ltis very plaln that these bal. A
Eases are going "a be very iaterest. laU
aod iull ot surprises on Oolh sides A
'el go 70 Trial Mr. magham an sS sS = =
aeed that they would like separate
Is aud would like O. De informed
IN witch statute thav ,,..,.. t..t.. HI