Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-06-22
zINNAy on BALLOT CASE
Former Mayor Admits He and Blboun
Were Not Boon Companions.
COSSELL GETS AFTER THE WITNESS
states Case T. Practically Concluded
aud Jury. VIII Probably Have
Matter by This
Evening.

the Elbourn trial yesterday while MIR. Zim-
man was on the stand. Mr. Zimmsn tes-
tilted as to Elboun 81 words and actions
during the recount Of. the ballots. Attor-
ney Connell took exception to. the lam
guage in which the former mayor couched
his testimony.
The witness said he had demanded OF
Elbourn- at the beginning of the recount
that he throw his mask on and come
out in the open by filing q. contest himself
In effect he charged Elbourn with starting
a contest through Mr.. stuckham. Again
In his testimony he referred to Mr.
Elbourn as speaking "sarcastcally.' At
both points Mr.. Cornell jumped to his feet
and entered objections to the language.
He accused the witness Of showing his
animus toward the defendant and making
stump speeches" ON the witness stand
He called zimman's language "self-serving
statements actuated by malice" The court
ruled the objectionable language out.
Later in the cross-examfnati on Mr. Con-
nell asked:
you are very unfricndly to the de-
fendant, are you not?Y
Il am .uhfriendly; l. cant say that l am
very unfriendly."|
Did you not say he ought to be in the
penitenuary and you would get him there?"
Il have no recollection of saying that"
Did YOU not say to Miss Malone. secre--
tary 10 the mayor. that Elbourn ought to
be in the penitenuary?"
II don't remember OF saying it to Miss
Malone, may have said it to others"
Zimman stations Guard.
Mr. zlmman said as mayor he stationed
Mr.. Phhlipson as a guard in the basement
OF the city hall to watch the vault con-
tanning the ballots. He had done this after
conversation with Mr.. Greenleaf. The
guard was stationed at $50 Sunday night.
He said when the changes in the ballots
were first discovered Elbourn did not. con-
cur He also testified Elbourn did not de-
mand that the recount continue after the
alterations were discovered until his at
torney, T. J. Mahuney had said the ball
lots should all be counted
Lee Grier testified. he, had first heard
there we're irregularities in the count Sat
uriay. morning He saw Elbourn that
night in the Budweiser saloon on Douglas
street, but Eibourn did not say anything
about the Irregularities .,,.. .-..
Another tilt between Mr. Cornell and the
witness came, when Sam X. Greenleaf went
on the stand. MIR. Greenleaf said when
/ the changes in the vote were first dis
covered Mr.. Elbourn whistled and said
| "A few more like that and 1 will be all
! right .. ls.,aE
The witness said Elbourn admitted
that it looked like some changes had been
made Mr.. ConnelL objected to his use Of
/ the word admitted and tried to get him
to use the word SAID instead Mr. Green
leaf insisted on using the first expression.
The witness also testified as to the con-
dition of the vault I'm which the ballots
were stored and the details of moving the
boxes from one vault to the other.
Waterman Innes testified he had visited
I the city clerks Office at frequent inter
/ walls during the nights of the period be-
/ tween election and the recount. He had
found Mr.. Elbourn in his Office only once,
ana that WAS Friday night, between I and
s o'clock. ...
The state has practically concluded its
case and will rest at the beginning of this
i mornings session. 1t is believed the case
will go to the jury tonight
/ -4 Ballots Taken Into Court. -
The primary ballots alleged 70 have been
changed were exhibited before the Jury
i in the slbourn trial before Judge Sutton
| Thursday morning and were, identified by
! members Of the canvassing board and
others interested in the proceedings before
that body. The eraser which was found
4 III 'ohS ol the BOXES was also produced IN
evidence. &C.,
The first witnesses we're members of the
election board in the First precinct of the
Second ward, who tektihed merely as to the
regularity Of the election. W. Il. Stockham,
one of the. defeated candidates for the
nomination for city clerk, was called 10
the stand, He first asked for recount
of the ballots on the Monday following
the primary and shortly afterward Mr..
i Elbourn and Mr.. Broatch began contests
He said he had been led to make the con-
test by runners of crooked work in the
! First and Second wards. Saturday night.
he said, he was called 10 the Budweiser
4 saloon by Lee Grier,. and when he got
there GrieF and others told him there mad
been crooked work in some OF the precincts
on election day and Suggested a recount
William Nesselhous, who was understood
TO have considerable money UP on the rela-
tive positions of Hennings and Broatch
was also there o.. - ...
EIbOurn Demanded Recount.
on cross-eNamination stockham said he
did not go into the contest in the hone Of
winning out l0mself. but he did not. think
Hennings had beaten Broatch and that was
why, he wanted the recount Elbourn. he
said, came into the saloon while he was
mere anu leIl at the same time he did
about midnight, and took the same ear
home. He also testified that Elbourn had
demanded a recount after it was found the
votes had been tempered with, saying the
condition reflected on him or his employees
and he wanted an investigation made.
Dan Butler, present city clerk wa,
brought back FOR the purpose Of identifying
the ballot boxes and ballots Objection Il
this part Of his testimony was made h,
the defense on the ground he was not IN
ONCE at the time and did not know any
more about 1t than any other citizen.
Byron G. Burbank, attorney Tor Sam x
Greenleaf at the recount, was called to the
stand. He testified when the condition al
the ballots was found Elbourn said h,
/. would not take nomination under IN,
circumstances. He then moved to dsmis,
Elbourns contest, but Mr.. Elbouru. oh
-jected and insisted on a recount of All m,
ballots He said II the board refused Il
go on he would mandamus them TO con,
plete the canvass. Mr.. Fink and Mr.. Tim
! man the two disinterested members Of IN,
board, were divided as To whether Ei
bourn's contest should be dropped or moi
and under direction OF Mr. Mahoney. Ell
p bourn's attorney, Elbourn voted 10 con
unue. the count.