The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-03

M mutliated as the books was.
tsigned) NJ \. JrFFRlEs.
Mlrray (continuing)- want to
read an atfidavit this affidavit was
sent here BY mail this morning. after
1t was known in Cherokee as 10 the
affidavits submittei yesterday after
noon This man is w II Pilgrim,
county clerk Of Alfalfa county by the
election ordinance and the Constitu-
tional Convention. to whom the re-
urns we're made.
State of Oklahoma, Alfalfa County
SIS.
w. H. Pilgrim, of lawful age, being
hrst duly sworn. upon oath says:
From and after the adjournment of
the Constitutional Convention for the
roposed State of Oklahoma. until the
10th day OF November 1907. | was the
duly appointed qualified and acting
leputy county clerk Of Alfalfa county
Oklahoma. and as such had legal Gus
tody and control OF the ballots cast at
the general election held within and
for said county on the nth day Of
september 1907 During all of the
time that the said ballots were In my
possession after having been delivered
10 me by the election boards of the
various precinc's in the said county
AMI until the said ballots were deliv-
red by me into the possession Of H.
y. Kincheloe as the duly elected,
1ualiied aud acting county clerk Of
The said county. the said ballots were
Kept and preserved by me in my office
securely locked and were cared for
and protected In every respec, as re-
quired by law During the time the
said ballots were IN my custody no
change, alteration or mutilaton of the
said ballots was made by me or by
any one else with my knowledge and
] verify believe that he said ballots
are now in The same condition that
they were I'm when delivered into my
custody After the returns OF the
sail alection we're canvassed by tho
cnunty commissioners the key to the
lock Of all of the said ballot boxes
were delivered to the Bank OF Chero-
kee and were as 1 verify believe,
kept by that bank until they were
delivered to The said II. l.. Kincheloe
as county clerk
W II. PILGRIM.
Subscribed and sworn to before me
this 30th day of March 1908.
(SeaD LESLIE WOOD.
My commission expires February II,
1891.
Now gentlemen there is much
other testimony that ! am not going
nto. but ! am going to read the re-
port Of this committee 20 show you
that there was no effort to throw any
blame on anybody, that there was no
fort in this report as it reads to
show that there was any fraud in the
grand jury room, or fraud in Aline
precinct; and that report reads as
foil aws:
COMMITTEE ON PRIVILEGES AND
ELECTIONS
Guthrie. Okla, March %. 1908.
Mn Speaker:
We, yoir Committee on Privileges
and Elections. having had under con-
sideration the contest of d. G. Muir
ley VS. w H. n Allen as to which is
entitled to a seat in the House of
Representatives from Alfalfa county
desire TO submit the following report,
t1-wit:
Your committee upon agreement of
both contestant and cOntestee made
trip to the town Of Cherokee on the
ffb day Of March. 1908. for the pur-
pose of counting the ballots in the
election on September H. 1907 but
could not procure said ballots on ac-
count of the unwillingness of Il. l..
Kincheloe, county clerk. who refused
to submits the ballots to The commit
tee.
On Saturday. following said date a
subcommittee met in the district
ccurt room Of Alfalfa county In the
town of Cherokee and summoned
divers parties to appear before SAID
committee and submit evidence rela-
tive to sail election. the Speaker of
this House being present and question
ing the Witnesses touching such mat
| ter Said evidence / hereto attached
and made part Of this report
/ We have had several sittings of this
committee for the purpose of hearing
! evidence aud argument of counsel
and subsequent 10 the taking of said
evidence the said H. H. Kincheloe
was summoned before the bar of this
/ House to show cause why ha should
moi be iined for cOntempt Tor railing
and refusing to submit tbs bah Its
/ The action of the HOrse therein has
caused him To yield and obey the sub
poena and summons Of this commit
tee and on the lth day OF March 1905
at a session held In Cherokee Alfal
I ia county. said ballots were counted
We found after recount ef an Of
the ballots cast in Alfalfa county tha
d. G. Murloy, the contestant In this
case. had received majority Of 23'
votes. % being in the record Of tnii
case that 'he grand jury of Aifads
county had gone into "a portion OF the
boxes In question fer the purpose o
investigating certain alleged election
frauds, and II appearing 10 the com
mit'ee that IL might not be well Z,
consider the boxes broken opcn by thr
grand jury. which were broken opel
/ iue eguiarly and contrary To- The law il
this that they had been submitted bl
the county clerk without an order o
iha district judge. and that subp0enl
duces tecum had been issued by thl
district clerk TO the cOtbt- eler
without such order. the committee
therefore. proceeded 10 count the ne
naming boVQR which had NOT heel