The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-01-17
OF Interest u East SiderS
SENSATIONAL EVIDENCE
INTRODUCED By DEFENSE
corney Wurschmh and Ray Fadden Testify to Jim Olson
and 3. Connels Ballots Being Marked for Borchers.

LAG AAOA AAA5 ~ IAAO NOunNlA AOOAA
of the city hall the Bell-Jarvis contest
case for alderman in the First ward
was again brought up, with Judge
Watts presiding.
The counsel for the plaintiff stated
that they had several more witnesses
to examine before they concluded
their side of the case, and opened the
trial by putting John Lavendar on
COTney Wurschmith had asked him IL
he could read and write and on his
saying he couldn't he (Wurschmith)
had offered him IS II Lavender would
let him mark his ballot on election
day. This evidence was all stricken.
sout.
Mayor John OI4eary was then sworn
and said tina he had lived on the
Point for twenty-five years and never
knew of any Of the alleged illegal
voters having lived in the First ward
This concluded the testimony for the
plaintiffs and the defense then moved
that the case be dismissed as far as
Fitzgerald, the alleged illegal voter
was concerned, on the grounds that
there was not enough evidence to
prove that Fitzgerald was not legal
voter. The motion was denied.
Cash Brunette, chief of police at
Blackjack, was the first witness for
the defense. On second thought, how
ever, the attorney decided to reserve
him for future use, and John Vosler
was then summoned. Vosler's testi-
mony had no weight, he merely being
asked If he had any part in the hands
ing of the Borchers' campaign fund
and he answered mo"
John Levendar was then recalled
and then asked who he voted for.
Judge Watts then rendered a very i'm
portant decision, viz:
I: y.
That a witness does not have to
to tell who he voted for unless he
wishes to do SO. !,
!: ...........,
Ray Fadden, one of the star wit
nesses for the defense, was then
sworn in. He testified that he never
told Mrs. McKusick he would pay
Robert Connell's or any ones board,
and that Cornell met him on the street
and asked him (Fadden) to mark his
ballot, saying that he did not know
the candidates. Fadden then swore
that Cornell asked him to mark his
ballot, the straight Sullivan ticket, ex-
cept for alderman in the First ward,
and that he wanted to vote for Borch-
ers and that he (Fadden) had carried
those Wishes out. This was one of the
vital points and carries point for
the defense, for If one illegal vote is
taken from Jarvis count and put onto
Borchers' the result is generally con-
coded.
Corney Wurschmith also swore that
he marked Jim Olson's ballot the same
way, and this testimony: created a de-
cided sensation in the courtroom. The
defense then started to work upon a
new line of evidence, that of the
identity of the alleged illegal voters.
The contestant H. H. Bell was then
called to the stand and gave a de-
scriptiOn of the man he called Black,
and supposed to be floater. He de-
scribed Black as tall, slim fellow
with sandy hair and sallow complex
ion.
In his testimony Ray Fadden had
described Black as man about 5
feet 4 inches tall, weight about $50
pounds and dark haired and complex
toned. -.
Corney Wurschmith also gave de-
scription of a John Davis which was
much like Fadden's description of
Black
In the afternoon session up to the
time of going to press nothing of par
tcular interest was brought out. 1t is
expected that the trial will be finished
today.