Daily capital journal. (Salem, Or.) 1896-1899, 1899-02-27
FOURTH DAYS TRIAL.
Continued from second Page,
rHLrN cRoss-rxAMrNEp.

Ehlen took not much over half ar
hour 10 give his testimony and mad,
very good impression. He was asked
20 stand aside until the defence could
put Tilmon Ford on the stand, but a,
he was at his office, Ehlen went on
the stand again and the biz guns ol
Counsel Bennett, reinforced by Nc.
CHM and Richardson, were turned on
the Butteyllle hop farmer.
lie again related how the ballot
boxes containing the ballots and re.
iected ballots we're kept IN the Jury
room upstairs. The tally sheets were
10 a locked ballot box 10 the vault of
the clerks Office. He never opened
the latter or saw them until Sunday.
Counsel Bennett here interposed a
general objection 10 the testimony as
being not direct and not tres gestae"
as against the accusation cgainst de-
fepdant. There was not particle Of
doubt as 10 the motive that attached
to altering tallysheets. But this
could not be shown by remotely con.
nected testimony.
II there were general charge Of
counting out Judge this evidence
might be admissible. As the accusa-
tlon was narrowed 20 a more specific
charge Of altering the tally sheet the
admission Of testimony was narrowed.
His objection was discussed by
Holmes aud Hayden, who cited de-
clslOns 10 show the admlssabillty of
any testimony tending 20 proye con
summation Of a common design.
Bennett claimed ia return that the
Indictment was for crime charged
on The 10th Of June, while the witness
undertook 10 say that the tally sneets
were not seen or touched by de-
PENDANTS until the 18th.
The motion was Oyerruled, the
court citing a later case.
Cross examination continued: Car.
son and Richardson went into Jury
room, remained half an' hour; Carson
left ten minutes before. No ballot
envelopes were opened In his preseuce;
next day found WoodDuru envelope |
open, ballots unstrung and lying 90
the table, and other three sealed en-.
yelopes lying 0n table Put all back |
In boxes and locked up. Ths was
Saturday morning, On Sunday morn
lpg they went back, took the four
envelopes with ballots out OF boxes Ia
jury room ana took them down Ia the
vault Ia the clerks ofice. Ga SUNDAY
evening Richardson said they had 20
have The tallysheets. Did aot have
any Idea or suppose that they were
going 10 make any changes In them.
He was not 70 yet anything out of the
transaction. Not until he asked me
I he had a1y OF the same kind OF ink,
lid he suppose they Intended 10 do
wrong.
After that RAfter came and asked
o haye the Monitor tally.sheet. Re-
used 10 let him nave 10. About July
9TH or 10Th first told District ,Attor-
ey Hayden these facts az Anderson, 1
Wash, June goth he wrote an am- !
aYit at Portland, gave same 10 Dr. "
iesei went down on morning ~ that
ayi was alone when wrote Il; went 10 s
aneouyer aud thence TO Anderson. q
.eturned with District Attorney v
Iayden.
Question, "who met you at the t
'ain y' la
objected to aud cOunsel McGinn d
rose TO charge tnat they proposed to )
how that they were going to prove 81
'nnter conspiracy, v
The Court ruled that counsel must
lbmit their theory of a counter con y
''ucy IA whiting AN the court de. u
red WAS au absolutely, fair aud i'm. -
rt'al trial aud there had been 80 VI
uch said ou the mot ion FOR change u
venue of that character, ,hat the
.ufl would require such matters ad. Sc
esSed To him IA writing before he oi
luld pass upon it, and that IL MAS W
't proper 10 80 before the Jury op VI
oss'cNaminatiuu This charge ~ a vi
unIer conspiracy might be admi,s
le' not on cross examination. of this al
lue's, but by their own witnesses oO
hhlen was asked u Hayden aid NOT W
'iIe blm to take drink. Fl"
pYerrulcd as immate,ial
-onsel tol defence we're sgauted 10
''e 70 retire aud prepare q wntten
'temeut McGiuo, Bennett. both :
A'cys, Rafler aud Carson went out N
prepare their showing \" mi
They came in az n O'Clock and nj
dse Burnett read their stltenent ,a' .al''
'he court ruled thar they could
IA the motives nc the Witness, but III,