The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-11-27

neSSeS. If they had allowed BdLdh-
Cleau. of the party committee. TO have
access to that bag, then the respond
ent had the right to have the Identity
of the bag proved. Otherwise the OPP
posite SIDE had a cinch game.
The INSPECTORS might be able to swear
just how many ballots were rejected
Mr.. Kinney argued. The bag might
show 80 ballots marked for too many
officers, though the inspectors might be
able to swear that there were not so
many wrongly marked. They might
declare on their oath that the ballots
had been tempered with.
MOST DANGEROUS EVIDENCE
After the election it is known how
many votes would change the result
How good the evidence of the ballots
was depended on how well they had
been kept Mr.. Kinney quoted a main
land decision in which it was held that
if the ballots had been vigorously kept
their evidence was the most sacred. but
if not vigorously kept they were not
only the weakest, but the most oan-
gerous evidence"
Mr. Kinney referred to Mr.. Brown S
change of base from making oath that
Sucn anu SUCH oallOlS. ~ Ills
were improperly rejected to his amend
ed petition alleging such things on his
information and belief.
Mr. Gear. replying, said that the
argument of opposite counsel was based
on an assumption which Mr.. Kinney
did not dare to make, that those ball
lots were tempered with. If not tam
perea with the ballots were the best
~ Fl co
inspectors it was permissible to ask
every inspector in the county how
many votes were cast for the respective
candidates. That would really be an
arpeal from the count of the inspectors
to the recollection of the inspectors.
Chief Justice Frear said the in
spectors might testify before the bag
was opened
Mr.. Clark said his fellow inspectors
were Messrs. KamaiopiH and Kaohe.
THE BAG OPENED.
BY order OF the court the bailiff then
opened the bag from the first of the
fourth.
Mr.. Kalauokalani was recalled, but,
on being asked about the bag of an
other precinct. Justice Hartwell re-
all of them, the Chief Justice adding
that he had identified the bags, but
not their contents.
Mr.. Clark and his co-inspectors then
examined the envelopes turned out of
the bag just opened
The seals of the envelopes were found
to be broken and the tongue of the
flap loose.
Nv Nv in
check, counted the rejected ballots,
finding "a of them as the witness tes-
titled.
INSPECTORS SUSTAINED.
state your objection to the ballots,
Mr.. Gear" Chief Justice Frear COM
mandea
Mr.. Gear taking up one asked that it
be counted for Arthur NJ. Brown
Mr.. Kinney indicated that a cross
was under Frank Harvey's name, max
ing a mark of identification. IF you
can put a cross there you can make
any kind of a mark he argued.
The ballot is properly rejected" the
Chief Justice sententiously ruled.
The second We do not contest, and
the third" Mr.. Gear went on.
Cannot counsel run through them
and see if there is any which they
contest?' the Chief Justice asked
Mr.. Gear produced a ballot on which
only two crosses appeared and these
on the lines between rival candidates
names. 1t showed the intention of the
voter by starting the cross in Browns
space, the attorney claimed.
This seems to be a vote for Iaukea |
If anybody" Chief Justice Frear said. |
A reading glass was used by the JUS |
tees to examine the ballot perfectly, !
then came the ruling:
1.-The ballot is properly rejected"
Another with the cross in blank space
opposite no name was quickly con-
demned. /
Mr.. Gear took the formal ruling of !
the court that where four supervisors >
We're voted for the ballot went out.
THAT is what you contended in your
the Chief Justice said
Cross inside the line-''properly re-
jected'
Mr.. Edings remarked, THAT ends the
rejected ballots
Twelve of them are for Iaukea and
nine for Brown Mr.. Kinney said.
Brown alleges in his petition that 26
were rejected
The three shy in the foregoing state
ment regarding the actual number, "a,
were ballots marked for neither Brown
nor Iaukea.
THE NEXT THING.
Chief Justice Frear called for the
counted ballots of the opened bag.
Mr. Kinney suggested that it was
then ten minutes to o'clock and want
ed to know what was the object of go
ing through the counted ballots.
ITO show that ballots were not
counted for Brown which were marked
for Brown and ballots counted for
Iaukea which were not marked for
him. Mr.. Gear replied.
A FISHING EXCURSION:
Mr.. Kinney objected that it was all
and belief. 1t was purely
4 fishing excursion Not a scintilla OF
evidence was offered to back up the
in the petition.