The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-12-09
OBJECTED TO The COUNT
contestee Hart Overrulcd on Objec-
tons Raised Against Counting
Disputed Tickets.
From Tuesdays Daily.

horn, Judge Loud ordered the ballot
box of precinct No. 4 to be opened,
and the contestant in the matter OF
the election contest instituted by |
Frank L. Mann against A. p. Hart
had won his first point.
The dispute, it will be recalled, in
wolves the right to hold the office OF
of the peace for Billings town
ship, for which position Messrs.
Mann and Hart were candidates at
the recent election. Because of the
fact that several ballots cast in the
precinct named were rejected, instead
OF being counted for him, as he al
leges they should have been, Mann
was declared defeated by a margin OF
a few votes.
When the case was taken up this
morning w. M. Johnston, who ap.
a for the contestant, had the box
containing the ballous cast in the con
tested precinct produced in court and
then introduced the testimony OF sew
SERIAL witnesses to prove it's identity,
and that it had been in the custody OF
the county clerk eve since its return
from the place where it was used.
During the examination of County
Clerk Fish and his deputy, Ira l..
Whitney, it was broughet out that
the box had been kept in a back room
of the county clerks Office and that
a door opened into the room from
the rear, affording ingress and egress
other than through the main room.
1t further developed that at least three
keys to the lock on the door are
known to be out and that other per,
sons than the clerk and his deputy
nave access to the room. 4
At the conclusion of the testimony
Mr.. Johnston moved that the box be
opened and the ballots counted so far
as they recorded the vote cast for
justice of the peace.
contestee Objects.
To this Mr.. Hathhorn OBJECTED on
the ground that a proper foundation
had not been laid. He also called the
courts attention to the fact that it had
been shown that the box had been
kept in a room where it's contents
could have been tempered with.
Mr.. Johnston replied by saying
that if it was found that the ballots
In the box correspondent with the re-
turns made in the tally sheets, that
would be prama facie evidence that
they were then as they were when re-
turned. If a discrepancy was discov-
cred in this respect, then it would be
equally plain that tampering had been
done.
In behalf of the contestee Mr.. Hath
horn made a further argument and
claimed that the contestant was re-
quired to show every minute since
the ballots had been deposited into it
where the box had been until it's pro-
OuNCIVA Al NOuAt
Box is Ordered Opened.
After studying the matter for some
minutes, Judge Loud announced that
he would overrule the contestee's OBJ
lection and ordered the box to be
opened by the county clerk.
The defendant entered an exception.
The box was opened and the court di-
rected that the contents be taken out
and marked by the court reporter for
Identification.
Here Mr.. Hathhofn entered another
objection. The ground taken was
that the provisions of the law had not
been complied with, inasmuch as the
ballots were not strung together,
therefore the tickets were not in the
condition prescribed by law.
This last objection was o%verruled.
Once more Mr.. Hathhorn excepted.
The polling books, tally sheets and
ballots were now marked by Mr..
Kried1er. BY consent the votes cast
for bonding the county and those on
the constitutional amendment were
excluded from the count. This left
121 tickets to be marked as exhibits.
When this had been done the noon
hour had arrived and court took a
recess until 2 o'clock this afternoon.
At $3.50 this afternoon Judge Loud
was still engaged in s~crutinizing the
ballots. Both OF the principals to the
contest and their attorneys were ca
gerly interested spectators. The law
yers had the call over their respective
clients, inasmuch as they flanked hi!
honor on either side and were permit
ted to make suggestions from time Il