Evening journal., 1900-11-13

ned 10 the occurrences attendant upon
the closing of the election and the
counting of the ballots on November
6. William II. Roberts, for whom a
subpoena had been issued. failed TO
appear. The witnesses tetified that
the four rejected ballots had been
burned through ignorance OF the law
governing elections. The court round
ly censured all three Of the election
Officers, which number included
Thomas II. Swan, the minority judge,
for the manner in which the count was
conducted, and said that by their ac-
tions had shown themselves incapable
of holding an election. The court said
that the matter should be taken up by
the attorney-general and such dispo-
sition as the matter warranted should
be made. The court regretted that the
matter is not within its jurisdiction.
and that the evidence on which the
contest might be determined had been
destroyed.
Cleaver, the inspector, was the first
witness to be called. He was ques-
toned by the court and said that four
ballots had been rejected by the cleo
tion officers. He denied having put
them in his pocket. With the unused
ballots these four were burned in the
street near the polls. in the presence.
he said, of Swan and William II. Rob
erts. the Democratic clerk No one
had made objection to burning them.
he said
Replying to the courts question.
! Cleayer said that it was his under
standing of the law that the rejected
ballots should have been burned, and
acting on that understanding they
were destroyed.
Carnagy said in his testimony that
it was agreed between the officers that
the ballots should be burned.
COURT RECALLS SWAN.
Swan. who testified yesterday after
noon. was recalled. He said that when
the matter of disposing Of the rejected
! ballots was under consideration he
said "They want to go into the box,
but Notwithstanding his remark
Cleaver put the four ballots in his
pocket and said. "they will make a
good bonfire" He made no other OBJ
| lection to the failure to put them in
the box nor did he object, but did not
agree, to the burning of them. He did
not see them burned.
When questioned as to how the
voters had intended to vote, he said
that two of the ballots were straight
Republican, one straight Democratic,
and one cut Democratic ticket. in
which the name of Clark had been
substituted for Heisel
The court was not agreed as to the
Iar. .r L.
showed that three were intended to be
voted for Clark and one for Heisel.
The Republican clerk of the election,
William B. Lester. said that he was
busy with his tally-sheet when the dis
eussiOn about the burning Of the bal
lots came up. He volunteered the state
ment to Carnagy: Il wouldn't burn
those ballots If ! were YOU to which
Carnagy made no reply. Later Carnagy
said the ballots were no good and
should be burned.
At this point John p Nields inform
ed the court that William Y. Ellison,
who was in the room when the ballots
were being counted, was in the court
room. Ellison was called.
Ellison said that the four rejected
ballots were examined by Cleaver af-
ter the count had been made. Swan
made the claim that one of the reject
ed Republican ballots should have
been counted. Cleaver folded up the
four ballots and put them in hi:
pocket. Ellison did not know whether
or not the ballots were burned
After consultation the court called
Cleaver, Carnagy and Swan, who stood
then severely reprimanded them fol
their laxity. He said that they haC
clearly violated the law and that ig
norance was no excuse since if they
were in doubt they should have con-
suited someone who knew the law
your duty was to place those ballot.
in the ballot-box. The courtreprehend:
!, your conduct and does not approve o.
it. The attorney-general ,of the Stat,
, should look into the matter"
Judge Spruance also reminded thi
officers that there was a clear viola
. ton of the law and that ignorance wal
no excuse. "The work has shown tina
the officers were unfit to hold an elec
tiOn. You have destroyed the evi
> dence on which this court was callet
= lupon to decide who should be declarei
elected. By this destruction you con
70 ceal the evidence upon which the cour
should act We trust that the attOr
= ney- general shall bring you to justic
for these acts which tend to defeat tn
a purpose of the law"
y y The court then announced that
u = couldn't determine as to how the bal
u lots destroyed should be counted an
would not pass upon the question.
8 Cleaver and Carnagy, in a converse
= tion after they had been on the wit
3 ness stand said that two of the bal
lots destroyed were straight Republi
8 can and two straight Democratic.
LAST CONTEST TAKEN UP.
ie The court then took up the count {
Is this district, the last. against the II
Is turns Of which Mr.. Whiteman had file
s. complaint that forty improperl
ID marked ballots had been counted tn;
D. should not have been. In the recoui
Id thirteen Democratic ballots and eigl