The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-26
Continued from page one.

opening the ballot box. and j. j. Fitz-
gerald asked II there was any evidence
that the returns were those OF the ward
caucuss. Those ballots should not be
counted IL they are not the proper re-
turns OF the caucus" he said.
Mr.. Comstock. who was seated al the
table with the other counsel, attracted
the attention OF the chairman. and the
latter inquired whom Mr.. Comstock rep
resented.
Mr.. Comstock said he was present upon
the request OF friends OF Mr.. Chafles
w. Burns and OF a committee from the
ward He said he would not urge that
point as he relied on the fact mat ne
was an attorney at bar and therefore en-
titled 10 appear before a judicial body'
On advice OF Mr.. Cram the chairman
OF the board insisted that Mr.. Comstoek
leave the authority OF some one OF the
contestants i'm writing or hs would nave
TO go outside the rail. MIR. Comstock
protested against this action ana asked
II the board could rule that an attorney
was not at liberty 10 come before the
canyassers 10 represent his clients In the
ward.
WANTED HIM TO LEAVE
The chairman OF the board and the
solicitors who sat behind him did not
seem exactly willing 10 admit TINS ina
insisted that he retire or produce au-
thority from his principal
Just then Thomas j. Dorney' VINO rep
resented the Sullivan faction arrived,
and prepared his credentials. saying that
his principal was not accessible AT that
time. and he was permitted to remain
inside the rail
Mr. Comstock was finally accorded
similar privilege and both were instructed
TO file proper credentials later
The ballot box was opened and the
nackaRe united, whereupon j. }. f1tz-
gerald asked for the names OF the per-
sons who signed that return.
The names OF Mr.. Young, who acted as
warden and his assistants were read and
then the attorney inquired who delivered
the ballots to the board
No one seemed 10 be able 10 say
though Chairman Whitley remarked 'h'
full board received them.
MIR Fitzgerald then objected 10 any
further proceedings with those ballots De-
cause OF the improper caucus onlces s
chairman Whitley said that the question
-, legality would be considered after the
recount and there was debate over 'hc
INTERPRETATION OF a section or the caucus
law. r,,,,os
Mr. Sullivan. said ne would assume the
hoarA 10 be a court of justice and lkened
the counsel 10 the appellate court 10 re-
view the evidence ana ne plese'eu
number of questions for rulings.
The questions submitted follow:
charles w Burns ct al VS.. Edward j.
Sullivan ct al.
The contestants hereby submit the fol-
| lowing objections and request rulings
thereon: .ho
The contestants hereby object to the
| count OF the ballots alleged TO have peen
! cast I'm a Democratic caucus or the FITS
ward on the 23rd day of September A ~
! 1900. on the grounds that the caucus was
not organized in accordance with the pro-
,Js,ons of chapter 1918 OF the public laws
! OF Rhode Island. passed Dec. Y. 1902. For
| that its wardens and clerks, presiding az
said caucus, were not the appointees oil
the ward committee of the SAID f1rs'
| ward
J Ana said contestants hereby offer &c
! nroduce testimony under oath. to estab'
lish the validity Of the foregoing oo'
| jections
A NEGATIVE RULING.
The board of canvassers and registra
tion OF the city OF Providence rules ina
testimony is admissible on the question al
10 the legality of the caucus held In Tn
First ward OF the said city on the "SrC
day OF September. A ID. 1904, before th'
counting OF said ballots.
Mr.. sullivan said the board had in e1ec
1 ruled I'm the negative In this case.
The board OF oanvassers and registra
tion OF the city of Providence rules Una
the returns OF the ballots and voting lisi
OF a caucus held in the First ward OF IN
city as a Democratic caucus on the 20
day OF September A. D., 1904, were no
! certified TO said board by the leBal on
ers OF said caucus
No ruling was secured before the re
! count.
PROCEEDED TO COUNT.
''The board OF canvassers and registra
tion OF the city OF Providence rules tina
said board shah hear and receive any tes
timony relative To any and all question
raised for or against the counting OF tn
ballots alleged 10 have been cast In
caucus held I'm the First ward OF the cit
! Of Providence on the 28d day OF Septem
ber A ID. 1904 before counting the ballot
alleged TO have been cast"
BY proceeding with the recount this re
? ceived a negative ruling Mr. Sulliva
said:
4 THE contestants hereby object 10 IN
4 count OF the ballots alleged TO have bee
o cast I'm a caucus held In the First war
I OF this city on the 23d day Of Septembe
] A. D. 1904, for that the cheap list as r.
{ turned II not n true and correct record Z
0 the names OF the electors who deposite
: ballots I'm said caucus, but is falls
= and fraudulent list and the said contest
. ants hereby offered testimony under oat
n 20 establish the validity OF the objection
y TWO UNLAWFUL VOTERS
Tho contestants hereby object TO m
count OF the ballots alleged to have bee
( east in a caucus held in the First war
0 OF Providence the 23rd day OF Septembe
x A. D. 1904 for that said ballots were NJ
: the ballots OF legally qualified electors I
! said ward. deposited IN the ballot box.
l accordance with law. but include, wit
certain lawful ballots, great numbe
: 10 wilt 300. deposped In said ballot bo
Z by persons who deposited said other ba
lots unlawfully and for the purpose OF d,
feating the will ot the legally quahhC
electors OF soid ward. members OF N
. Democratic party, and the said contes
ants hereby offer testimony. under oat
10 establish the validity OF said objectio
RESULTS WITHHELD
The contestants hereby object TO u
= count OF the ballots alleged TO have be-
Z cast I'm n caucus held in the First wal
T. OF the city of Providence on the 2srd ds
i. c,......,6or A n 1904 for that persOi