The Topeka state journal., 1901-04-20
WHO SHALL 1T BE?
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WITH onkLL u bE!
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yes. sir.''
What was the difference about?"
THE counting of the returns of the
judges which did not correspond with
the tally sheet. We could not go by the
tallies."
Did you state that such was the case
to other members of the comnittee?
Il did"
How did you find returns Of the third
precinct Of the Third ward?"
About the same.
Did other members claim they could
not go by the tallies?"
YES
I'VE endorsed upon the back of the
envelopes that we would go over those
returns again before arriving at a con-
clusion.''
Did you have a further considera-
tion?"
mo. not really. Only one Of those tally
sheets was called up the next day"
Did you make a statement?"
yes"
ssWhat?"
IT said was not satisfied to take the
talIies which were obscure as against
the returns
Did you hear others say about The
same2''
yes"
''Who?''
"Chaney"
What did he say?"
He said that he could not arrive at
a conclusion from the Jallies but that as
the city attorney had advised it he
would vote aye
What was eIased?"
Some one put down the result as
shown by the tall1es. They were footed
and written on the tablet where we
he I la 17rsd
that the committee had not agreed that
that was the final footing and erased
them. They We're in pencil"
What was done in the way of taking
a vote to see if you agreed?.'
The committee of four voted"
why did you sign under protest."
4 didn't think 1t made any difference
whether I signed or not.
I thought ] could take a tally sheet
to the entire canvassing board and
show them the condition of the sheets
Mr.. Swendson was chairman of the
committee. and he took the sheet out of
my hands and said the report would
have to go the other way"
What did you do after the report was
read to the canvassing board +"
Il moved to amend the resolutions seX-
cepting the vote in the first precinct of
the Second ward and third precinct of
the Third ward"
What was done with the amenl-
ment "
1T was ruled out of order"
On cross examination Judge Carver
asked how long Mr.. Warner had been in
the city council.
You assisted in making all can
vases .
Yes
was there any difference in this can
vass from others?'
/ Did they not always make a com
parison between the tallies and the
footings?"
When this vote was canvassed April
5 the First ward was canvassed in that
way?"
Yes"
mo mistakes found there?"
When it was found that the talIies
and totals did not agree in the Second
claimed the tallies should be taken and
the attorneys for Mr.. Parker claimed
the footings should be taken?'
Yes
Mr.. Warner was shown the tally sheet
showing the female vote in the second
precinct of the Second ward. He said
that the cross marks on the tallies in
dispute. which were claimed to be I'M
not there when he saw it before the
canvassing board. He said that was the
condition to the best of his knowledge.
Did you think you had to take the
tallies?"
~No. I thought that the ineligible
totals of the judges should be taken in
where the tallies were supposed to be.
There was no mark crossing out the
tallies in question when I saw il"
Then you were not sure whether the
three tallies had been carried below or
not?"
T did not know where they had been
carried
r,1n 1xe
totals?"
Yes"
TT was the practice of the canvassing
board to make corrections of clerical
Yes"
Then why did you not correct these
Because the taIlies were not plain
and I thought it best to take the figures
sworn to by the judges"
Didn't Mr.. Overmyer claim that the
tally sheet was not part OF the re-
mo. I think not"
Didn't he say you had n6 right to
consider the tally sheet?"
mo. he said the tally sheet did not
govern
who did you consult with?"
with the city attorney and Mr.. Quin-
You presented a report to the com
mittee, didn't you?"
Yes"
'sWho wrote it?"
''I don't know his name"
He was one of Mr.. Parker's 5 attorneys,
was he not?''
Yes
Were you at Mr.. Overmyers Office
that day?''
81 Think not"
On redirect examination Mr.. Over
nnyer asked if Mr.. Warner had ever as
sisted in any other canvass where the
question Of tallies came up"
Il never did" replied Mr.. Warner.
Mr.. Warner was the last witness for
the plaintiff and at the close of his testi-
mony Mr.. Parker's attorneys rested
their case.
Councilman Swendson was the first
witness called by the attorneys for Col