Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-01-27

to illustrate his point '.This is an i'm
portant case, he said, other legisla-
tive assemblies are to follow this one.
We are making history. We are MAX
ing law in cases of this kind il you
please, and if this contestant can
ignore the rules Of evidence in this
case, then future contests can be con-
Quoted upon the same plan, future
senates may follow the same pro-
cedure, and future generations may
suffer because of the precedent YOU
have established. The course which
] urge upon you will dispose Of every
ballot considered in this case for
either side, except where men voted
without being legal voters, or where
they were deprived of their votes
as in the case of the automobile votes,
if | may so refer to them.
Take the Willow Lake ballot, where
it was alleged that a cross was made
after the name of Mr. Crane and after
the name of Mr. Washburn. One wit
ness testifies that he has belief or
Impression that there was an at
tempt ait erasure ,one testifies that
he did not think so, he did not see any
erasure. That is where the rule of
evidence applies good and strong.
They are asking you to takes their
recollection. They are asking you to
consider in this most important in
vestigation the impression they re
ceived when they never expected nor
suspected they would be called upon
to- testify in matter of this kind.
You would have no trouble in arriy.
ing at a just conclusion df you had
that ballot before you. would have
to search long for a better illustration
of the principle that we must have
fixed lines and rules for these in
vestigations. Is there any reason
why this testimony was not pro
duced? 2"
Intercepted by Senators.
Senator Purcell questioned Mr. Pol
lock here as to the ballots being the
best evidence and as to- whether or
not they would be competent evidence,
unless it could be proven that the one
in charge of the ballot box had had it
u ~ 10
since its sealing where ne and no one
else had access to 1t. Although ii was
more in the line of questions and
answers than arguments, evidently the
two attorneys did not look at the sub.
ject from the same standpoint.
Senator Pierce here inquired if it
was conceded that the colored ballots
had been cast. We deny, said Mr..
Pollock, that any such ballot was
cast in the village Of Hope, but allege
that if any such ballot was found ii
was a ballot stamped and given out
by the judges Of election. White
voting ballots were sent to each voting
precinct, and with these were sent 4
few sample ballots which may have
become naked up with the others.
How about the other blue ballot
there in Carpenter townshfp?' con.
tinued Mr.. Pollock. THE testimony
shows that there was found in the bal.
lot box a blue ballot unstamped and
unindorsed. No judge knew how the
voter came in possession Of that bal.
lot. whether he had it in his posses
sion before he came to the polls Or
what, but It had no stamp upon it, had
never been In their possession before.
Now that is the only ballot our con
stitution says is void, if it is un-
stamped and unindorsed it is void and
cannot be counted. *
Senator Purcell here took up the
question Of any ballot except that
printed on white paper being legal