Evening journal., 1908-04-03
STATE WINS ONE
ELECTION CASE
Continued from FIRST Page.

I
hundred. had the legal right to vote in the
hundred. The court refused to so instruct
the jury, holding that the court had al
ready established the consututionality Of
the act under which the special election
was held and that Mason had the right to
vote only in that election district Of the
hundred Of which he was a resident.
The jury retired at II o'clock.
Immediately after disposing Of the
Mason case. Deputy Attorney General
Hastings called the case of the State
against John Wesley Fountain, colored,
indicted on a charge Of illegal reglis-
tration. James F. Salisbury also de-
Tended Fountain. Mr.. Hastings said
that he would prove that the defendant
lad registered in the Third election
district of the First ward on October
r. 1906. under the name of John Wos-
ley Fountain. and that on the subse-
uent Saturday the same man again
registered in the same district under
the name of Wesley Wilson, and then
proceeded to introduce his testimony.
Only two witnesses were called. Ed
ward Bubenzer. an election officer OF
the district. and William p, Smith.
Mr.. Bubenzer swore that Wilson ard
Fountain had both been registered in
the district. He identified the prisoner
as Wesley Wilson. Mr.. Smith subse-
uently swore that the prisoner was
known as John Wesley Fountain. WitA
this testimony Mr.. Hastings closed the
States case.
NJ. Co,tIrt.,,.. Y..rr,.. s,s- a-f-.,-- L..
asking the court to instruct the jury
to return verdict Of not guilty against
Fountain on the ground that the State
had failed to identity the prisoner as
the man who had registered under the
name Fountain. but the court refused
to so charge the jury. Then MIR.
Salisbury called the prisoner to the
stand. He said he registered from No
lis Shipley street as John Wesley
Fountain, left the city, returned again
and registered q second time under the
name of Wesley Wilson. of No. Is
South Market street He said his cor
rect nama was Wesley Wilson and
that when he registered the second
time it was with the object Of correct
ing the mistake he had made in
registering The first time the name Of
Fountain,
The jury convicted Fountain after
twenty minutes elaboration.
Upon argument the case of the State
against Vaughn Ballard, charged with
bribery, was continued for trial on
April 49,
The Mason trial began yesterday af-
ternoon. The specific charge is offer
ing to vote in the Second ward on the
name of William c. Walls, a white
man. Mason was arrested a few
minutes later by the Rev Royal W.
Raymond and hustled in an automo-
bile to the police station where State
Detective Hawkins took charge Of the
prisoner.
Contrary to custom the State did not
outline its case to the jury, but i'm
mediately proceeded to introduce
testimony against Mason. George A.
Clifford, Nelson Rash, John c. ireland, |
Harry 3. Scott, George G. Robinson
and Mahlon 3. Foster. officers who
conducted the special election, swore /
to the presence Of a colored man at the
poles that day who offered to vote on
the name of Walls. residence No. 225 4
East Front street. His vote was re-
fused Mr.. Foster was the only one
of the witnesses to positively identify
Mason as the man who had offered to |
vote on the name of Walls.
James L. Hawkins. state detective, /
detailed an interview he had with
Mason after his arrest. Witness said |
Mason told him he lived at No. 2O5
West Fifth street with his mother and /
that earlier IN the dav he attempted |
to vote in the Third ward. but was
detected. Mason, then, according ta
the witness. went with a man known |
as Dollar Bill to Spring Alley in the |
Second ward. where he was given the |
name of William C. Walls and told to
vote. After being turned down, he
again went to Spring Alley. where he |
was caught by Mr.. Raymond.