The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-02-24
HUMOR ENLIvENS THE PROCEEDINGS
udgeshp Contest Takes New Turn and Many Witnesses are
Examned-Recount of Ballots Deferred T or Day, But
Will be Resumed Today

Forty-three witnesses were examined
yesterday forenoon IN the case of Daniel
Hamer against j. Albert Howell the
Judgeship contest case This number prob
ably establishes the record in the Second
judicial district All but five of those
examined had to be sworn, the five ex-
eepttons having previously taken the oath
because OF testimony already given. The
case took an unexpected almost humorous
turn. and instead of the duh mouotonv
OF counting ballots there was a mornings
proceedings interspersed with quips and
JOKES OF attorneys. with sallies of wit and
repartee that made il hard 10 maintain
the dignity of the court.
me evidence came ND in connection with
the OBJECTIONS of the cOnteStee's attorneys
70 the recounting of the ballots of eleven
dliIerent districts of Weber county, wheFo
the seals had been found to be loose or
the envelopes worn through al the edges
Through all the proceedings the attorneys
Tor Howell have taken care 10 bring out
the lact mat various persons had access
70 the vault where the ballots were kept.
IL was shown that newspaper men all
TRACTORS and attorneys frequently went in
mere IN search OF data. and that some
times they were left alone in the vault
Judge Powers and G. G. Richards the at
tOIneNS Tor HameF therefore sprung q
mild sensation by calling TO the stand the
attorneys for Howell and Howell himself
ana lnterrOgating them on the question
whether they had been in the habit Of
entering the vault and if they saw the
DaIIots there; also If they opened any Of
the packages, if they handled the ballots,
or il they knew who had. Practically
every member of the Ogden bar was
placed on the witness stand; also all the
newspaper men, and the abStractors as
well as the deputy clerks. The questions
asked were such as the witnesses could
and did answer rapidly and catesorically.
Ting forth like shots from a gatIing gun.
and when adjournment was taken for din
ner IL was found that thirty-eIght wit
nesses had been sworn and had given tes-
timOny. and that five who had previously
been sworn also testified The contested s
attorneys Tor the most part declined to
crOSS-eXamine. and the proceedings went
through with rush.
When A G. Horn was placed on the
stand he was asked if he were a candi-
date for the position of district attorney
on the Democratic ticket the last election
at one time thought he was a candidate.
but that after the returns came in he
had about concluded that he was not.
The contestee's attorneys succeeded in
bringing out by one or two of the wit
nesses that they had been left alone in the
vault where the ballots had been kept.
For short time after the noon recess
the taking of testimony was continued
along the same line. George w. Bran
well. who brought the ballots Of Plain
City district No. to the clerk the morn
ing after election, testified that the en-
velopes had been sealed when ne brought
Judge Morse finally decided to recount
ali the ballots Of the eleven districts of
Weber county which had been put aside
when objections had been made He will.
however, hear arguments after the re-
count is finished as to the propriety of adj
HlltIlnS lHGm as evidence.
Instead, therefore. of taking up the
count of Morgan county the judge turned
back to the Weber county ballots that
had been put aside and three Of these
districts had been counted when adjourn
ment was taken.
The ballots from Morgan county had
been produced in court by G.. A ScbrinS
and securely nailed in a big wooden box
were on the clerks desk The lettering
on the box consigned the contents to the
beef trust 1t so happened that the re
ceptacle chosen to bring the returns TO
Ogden was an old packing case of Armour
K Co. and the shipping name of that
firm was lettered across the box in big
letters. together with the advice that the
case should be returned to that firm in
Chicago. There were also directions that
the contents should be kept cool and this
side up This morning II is expected that
the admission Of these ballots to recount
will be objected TO. and that evidence
viii be put to show that they had not
been tempered with.
Up to the closing time of court last
evening the recount had shown the fol-
lowing results: