Evening journal., 1905-10-17
TRIAL OF ELECTION CASES
BEGINS IN COUNTY COURT

votes for Isaac C. Elliott and the tally
sheet also showed Is.
Deputy Clerk Of the Peace Janvier was
recalled and Identified the signatures of
the defendants on the various bail bonds
given when the cases were continued on
several occasions.
Joseph Jackson Pierce was called as an
expert on handwriting He was asked by
the encouragement II he had compared
the signatures OF the three defendants
on the bail bonds, which had been proven
TO be genuine. with those on the certi-
ncate in the ballot box Of the Shellpot
district In answer to a question from Mr..
Richards. the witness said he had seen
the signatures before. They wereshown
to him by the encouragement last sat
urday in the vault at the Equitable Guar
antee and Trust Company.
Mr.. Richards asked counsel for the de-
PENDANTS if they would admit the sigma
lures on the certificates to be those Of
Matlack. Watson and Donohoe. Mr. Hayes
replied. 1--WE admit nothing"
Mr.. Richards then said: "well, IL you
don't admit it, you then dispute the sig
natures"
Mr.. jackson said that in his opinion the
signatures Of each Of the defendants on
the bail bonds and those on the certin-
Gates were the same.
Courtland Rice. one of the clerks at
thep rimary election was called to the
stand. The ballot box. he said. when the
ballots were being read. was on a table
on a platform in the school house. He
was sitting at a desk short distance
away and Newxirk the other clerk, was
directly in front Of him. When Matlacl
was reading the ballots the witness was
standing on his left at his shoulder. Dom
oboe. he said, was about two feet away
from Matlack After the latter read the
ballots he passed them to Donohoe. who
folded them and placed them in the other
box
MANY WE'RE IN THE ROOM.
The witness said he kept a tally Of the
votes for Elliott exactly as read by Mat.
lack. No one else but MatlacS read any
halots There were about twenty Other
persons in the room including Harry
sedgwicl1 Harry Perkins, Mr.. Duncan
Abram L. Tyre and Frank Miller. Aftei
the polls had closed the witness said hs
had to walk about twenty feet to the
place where he kept count.
He said 1t would have been possible fol
another box TO have been substituted
while he was walking that distance.
Mr.. Rice was shown the certihcat'
taken from the ballot box and said q
was the one made out by him. He mad'
out no othercertihcate after that night,
The witness was cros-examined by Mr.
Reinhardt. In answer to questions h
said that NewkirlS acted as Judge dur
ing she day and as tally clerk after th
polls closed Watson. he said, was no
p 8udge at the election.
Mr.. Reinhardt produced a plot Of tn
school house showing the window wher
the ballot box was the teachers des
where the count was made and the desk
where the clerks were sitting in cross
examining the witness
Mr. Richards recalled the witness an
asked him If he did not tell the attorney
| general and deputy attorney-general, tn
second week in September that it woul
have been impossible for the ballot boxe
TO have been changed without him seein
It. Mr.. Rice explained that he meant tn
ballots could not have been taken fror
the box and placed in another box with
out him seeing it done.
Alexander J. NewlSirk who was also
clerk corroborated Mr.. Rice's testimon
to a large extent The certificate foun
in the box was shown TO Mr.. Newkirk an
he Identified his signature. He saw Nj
Watson sign the certificate, but aid no
remember seeing the other officers sig
the certificate. Witness was sworn in b
Mr.. Matlack and also remembered Wat
son, Donohoe and Rice being sworn ii
He was sworn in as a judge and acted i
that capacity all the afternoon. In IN
evening he acted as clerk and Watso
took his place as judge, so as to &,
through soon.