The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-03-08
ARGUMENT IN THE
PEABODY CASE
Ex-Governor Thomas Evidently in
Good Form.
SARCASM AND INVECTIVE
HOT ONE HANDED TO OPPOSING
COUNSEL.

Denver, March 7.-Argument by at
torneys in the Peabody Adams guber-
Material contest was concluded today.
Former Governor Charles S. Thomas
made the final address on behalf of
Governor Ava Adams, speaking for
three hours. and John NJ. WaldrOn
closed for the confession. James II. Pea
body. with a two-hours speech.
Beginning tomorrow morning the
members of the general assembly will
discuss the contest under a rule limit
ing speeches TO ten minutes for each
member. There are ninety-seven mem
continue two or three days. The ballot
continue two or threedays. The ballot
which VIII decide whether Adams or
Peabody shall occupy the governors
chair during the remainder of the bien-
NAL term ending in January, 1907, viii
probably be reached on Friday or Sat
urday next
Will Await Report.
The joint convention has indicated a
purpose. however, not to take vote
until a report is received from the COM
Iuittee appointed to investigate bribery
charges on the statement of Senator
Richard w. Morgan that James NJ
Herbert. vice president of the Colorado
< Southern railroad, and Daniel Sulli-
Van, postmaster at Cripple Creek, had
offered him 81, 500 to vote for Adams
and mat Herbert had given him $3.50 of
This amount. The committee met last
might to open it's investigation, but adj
59ufned until tonight without hearing
any testimony on account of the alb
asence of the senator who made the bril-
lbery charges.
Hot One From Thomas.
Former Governor Thomas speech was
a logical presentation of the case of the
fcontestee punctuated with scathing
a 4aI nit
Where are your cap and bells this
21nOrning2" asked Attorney WaldrOn,
when one of Mr.. Thomas jibes penetTa-
+ ted little further than others had.
IF I had known you wanted them. 1
SNOuld have brought them replied Mr..
fI'hOmas. for they represent the only
character you have assumed on this
floor
Mr.. Thomas opened his speech with
an argument against the proposition
promulgated by Attorney WaldrOn that
! fhc contest was one to be decided on
partisan lines.
Answering the statement of the Pea
i hody attorney, that body cannot be
wo-fifths .gangrene and three-fffths
n holeSome, Mr.. Thomas suggested
hat if this rule is to prevail it would
be necessary TO throw out the entire
county of Denver together with the
outside counties in which fraud was
shown
PeSpooy Fao NO case.
IF this case was pending before the
supreme court or any other court"
said Mr. Thomas. the cOntestee could
ONE into court and ask for Il non
suit and it would be granted, for the
-Ontestor has made no case"
He ridlculed the claims of conspiracy
md sarcaetically remarked that he
supposed the $4,000 which Chairman
Farley of the Republican party ack-
lOwIedged he spent during the cam
Daign was spent for the purpose of Sc
uring "A fair election.
III the experts were good for any
hing they could separate the good
rom the bad ballots and the good bal
OTIS should be counted" said counsel
N his argument against throwing out
he entire vote of the precincts where
LEGGED frauds existed.
Huerfano County Also.
in regard to the failure of election
ltlicials to administer an oath to illit-
rates. the former governor said if this
VAS cause for throwing out precincts
"a Denver. then the precincts in Huer-
ano, which were before the contest
committee. must be thrown out, as IL
iterates were not sworn there This
would Increase Governor Adams plu-
ality by 1850
Taking up the subject of handwrit-
ng experts, Mr.. Thomas read decisions
rom the supreme courts of a number
Df states to the effect that handwriting
Npert testimony was of the lowest or
Ter and should never be accepted with
I 5ut corrOborative evidence.
so long as the great corporations
contribute To- the campaign funds of
10Th political parties. You are going
o have fraud and corruption at the
1 polls" said Mr. Thomas, in closing his
3 -emarks at the morning session.
Argument Ended.
This afternoon Mr.. Thomas devoted
{ himself 10 an analysis of the vote cast
slast November and produced figures to
support his argument that Pea body's
vote for governor was considerably less
III all but five counties of the state than
he vote received by any other Repub-
Ilican candidate on the ticket. Attorney
NaldrOn. in his rebuttal. replied briefly
10 the arguments of the several attor-
i Ifeys who spoke for the contestee. He
closed by reminding Mr.. Thomas that
{ Ibis reference 10 corporations was un-
W Use. as there were corporations behind
fcach party 10 the contest.
Burnett'S Vanilla