Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-02-06

and they allege that there were gross
frauds perpetrated in the city of Lewiston
upon that election day; and that by vir
tue of those frauds, the Democratic nom
ineeS were elected. They charge, among
other things, that the Democratic CIT.
clerk, prior to the election, distracted ;
bunch containing 60 ballots from each o
several wards; and that, in Ward Their
were 26 more votes in that ballot box thai
had been delivered out during the dal
by the ballot clerks; and they have ais
alleged that Is persons whose names wer'
checked as the men having voted in Ware
6 that day were not in the city and di'
not participate in the election. They al
lege further that, subsequent 70 the elec
ton the ballots We're mutilated or chang
ed and that the checklists used in Ware
6 were subsequently to the election mutt
lated and changed.
The burden of proof is upon them, in the
first instance The sitting members have
only to show their certificate of election
to make out prima facie case. That
they have done Your committee upon
elections have devoted considerable time
TO the examination of all the evidence in
practically upon all the facts connected
with this case. They allege that it has
| been sufficiently proven that the Demo
cratic city clerk did abstract 90 ballots
| from each of several wards in the city
of Lewiston; and it must be admitted that
that abstraction was done for q purpose.
1t was an uDlaWIul act, ana lle man WHO
committed it must have had some object
| in view; and the only object he coulo
| have had was either to vote or have those
| ballots voted, that the candidates of bis
| party might be successful in that contest.
| We are satisfied that at least &c of thos.
I ballots were fraudulently deposited in
| Ward ballot box. A majority of this
committee contend that the fraud stopped
| there-that it goes no further minori-
| ty Of the committee say that they do not
| know the extent of the fraud-that they
| are unable to tell-that the fraud is of
| such a nature that it is almost impossible
| to define it's limits. Now, | cannot say
| how many of those ballots might have
been used to the advantage OF the Demo
| cratic party in wards other than six and
| escape detection by your committee. Mer
| who are so contemplate as to sell their
votes are men whose words are not to
| be taken; and if Democratic officials are
| to buy ballots, they desire to know that
| they have received their goods before they
pay for them, and they have ballots OH
| hand They mark a ballot and they de-
| sire it to be deposited in the box. They
| tell the person whom they have purchased
| that he must take that ballot which they
| have marked and which they can diStin-
| guish later on, to the polls, and that, at
| the polls they will receive ballot from
| the ballot clerk. The ballot so received
| they must place in their pocket, and the
| ballot which the Democratic official has
| given the voter is deposited in the box.
and then the voter returns and gives up
1
| ballot clerk. In this way, many of the
ballots distracted in other wards than
Ward may have been unlawfully used.
| Now, the facts in this case, as they
have been established, are that subse-
| quent to the election, ballots deposited IL,
| the ballot boxes in the city of Lewiston
| on that day were mutiated and changed.
| Fhe evidence of that fact is indisputable,
because when the ballots are counted at
| the polls they are left in a pile, one upon
another: and upon an inspection of those
| ballots it was found that the Republican
nominees name was scratched out ana
the name of Michael A. Coyne written in
| Upon examining that ballot they find that
| the indication of the writing extended to-
| the ballot below with such definiteness
that the name of Michael A. Coyne could
| be read; and it even extended to the third
ballot; and there We're several such cases.
| 1t clearly demonstrates the fact that
those ballots We're tempered with subse-
quent to the election; and, your minority
contend, and | think the majority also,
| that such lamp ering with the ballots rem
derS those ballots worthless for any pur-
poses of recounting and that the con-
| testants in this case were deprived OF
| their privilege of a recount, as the law
provides.
| We find that even at the polls upon
| that day and upon that morning-and 4.
! majority agree to this-that that ballot
box was not sealed as the law contem-
plates. 1t was sealed by dropping little
sealing wax upon one or two screws
which held the cover to the box; and this
cover could have been removed and the
| box tempered with and the screws replac-
| ed, and detection would not have follow
ed, by the simple act of breaking the seals
land that the checklists when the law
provides shall be sealed and sent to the
clerk. were not sealed at ALL They were
so Indifferent about the care of that
checklist that the. ward officials are unable
! to tell you who took it to the city clerk;
and they also admit that it never was
| sealed; and it Went to the city clerk in "a
| manner in violation of our laws.
Now, we find at 4 O'Clock on the after
noon of the election, that upon counting
| the number of ballots which were left il
| the hands of the ballot clerk in Ward
deducting that from the number which
| he had on hand when the polls opened
we are able to tell the number of ballots
which he had delivered out and which
should have been in the ballot box ano
| the count of the checklist at that time
revealed the exact number of names
| checked as ballots given out They tailed
exactly. Upon counting the ballots they
found that they overran 70.
Now, those are the facts in the case
and they are agreed to by both the minor
tity and the majority of your committees
But after we agree upon these facts we
are unable to agree further. The major
ity of the committee say that the propel
solution is to eliminate the rs votes which |
were unlawfully placed in the ballot box |
ana either to eliminate the eight votes
which We're proven to have been put in |
there by men whose names were upon
| the list or placed in there and fictitious
names checked off to tally with them |
that those eight, with one more of the |
same nature thrown elsewhere in the city. |
with the %, should be deducted from tire |
count of the Democratic nominees Tha,
result would unseat Michael A. Coyne and |
seat in his place Stephen j. Kelley, ana
would place the majority of Mr. Garceion
at Is and the majority for Mr.. Morey al |
is.
But the minority say that it is not the
proper solution-that since you have es- |
tabhshed fraud and have connected ii |
with the officials of the ward the whole
returns of that ward is so contaminated |
that it is not to be believed, and that YOU
are unable to separate the false from the |
true or the good from the bad; and We |
contend we have sound legal precedent tn
establish our position
Now there is a great difference between
general fraud which is attributable to the |
of'icers of ward themselves, and to i'm |
proper or illegal ballots. We claim that
II person who has no right to vote in |
lewiston participated in the election. |
that that is an illegal ballot and that if |
should properly be deducted frorn ~