The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-02

-fr""Nr' 'NA1 uANu 9vu lNiVim niH
az to these sections and especially the
last one?
A. ] told him that didn't believe
they would overcome the statute that
ballots should be opened upon ths
order OF the district Judge
q Why didn't you tell him that
didn't apply TO legislative inyesti
CATION. but only to the Judicial aud
executive branches OF the govern.
mcnt2
a. didn't know it.
q d. you know where that clerk
A. do not know where he is this
morning.
q. Did he stale yesterday whether
OF not he was going to leave Enid?
A. Ia my presence he did not.
=. DID he make any statement or
intimate 10 yeu in any way whether
he would remain there today or report
here or go elscwhere2
A lie did not do not know
what he IS going to do, but l under.
stood he was going to stay there to-
day and come home topight-that js
matter Of opinion
q Why was It you did not put
your name or the record IN lie appli.
cation for this restraining order?
A. There was something said as
to whether had better act as attorney
ia the case or not.
Q. As a matter of fact 6idn't you
know that this procedure was an OBJ
struction OF process?
a. As to The legislature, / did. AS
to the other Officers, The sergeant-at-
arms, | did not. may be wrong as TO
that. however,
@ Did yon not know that proce.
dure would ohstruct the Legislative in
vestigation?
A. No, sir
Q. Has it not done so?
a. ! do not know whether It has
or not
Q. Couldn't they have been count
ing these ballots II that restraining
order hal not been issued?
"A They could IL the county clerk
had turned them over.
Q. Is il not a fact that you issued
this order for the purpose Of delaying
the committee?
A. No, sir / am only acting as
deputy county attorney and the county
attorney was not here.
Q. Did you hold any consultation
with the county attorney by phone or
otherwise as to whether he approved
of your action?
A. ! did not.
9 Q. Does he approve OF your action?
a. | think he does-he is a witness.
you can ask him.
q. Were you acting as county at
torney when the ballot boxes were
turned over to the grand jury?
A. | was not.
q You know nothing about that?
A. Nothing ut all.
2 Haven't you observed that some
OF these boxes have been changed
since that day from where they we're
kept IN the room?
A. They have been put in the vault.
Q Under your adyice7
A. No sir.
q Did the county clerk say that
he would have turned these boxes |
over TO the committee had II not been |
Tor your advice?
A. II he did did not hear him, |
win tell you right here that my first |
adyi G was for him to turn them over |
q And then yu changed your ad
yioe2
A. Yes. sir; after read the session
law.
Q You know these boxes were put
In the vault?
A Yes, sir--I don't know what
boxes you refer 10.
Q. | mean the election boxes.
A. Yes, sir
q. DO you know OF your own
or by Information directly |
OF Indirectly that these boxes have
been opened or gone into since the
of this committee?
a. do not know
q. Have you any Information from
any source that they have been?
A. No, sir.
e. How many boxes were put in
the safer
A. do not know.
@. You were over TO Enid yourself
We're you not?
a. Yes. sir.
Q. Did you call up the chairman Of
this committee ana request him to 90
into court In the name Of the COM
mittee and get an order to turn these
records over 10 the committee?
A. Not IN the name OF the commit
tee ! was oyer there and wanted TO /
90 what was faf ia the matter, but
the clerk wanted protection. AS the
clerk said he was between two fires
and my advice was for him TO apply
and get an order ana In that way be
protected J called uD the chairman
ana told him and we went down there
and talked with the judge. My idea
was TO have the clerk protected.
Q. Why didn't you so on?
a. Your chairman seemed very in
different about the matter. He stated
he didn't want 10 go into the courts
or recognize that he courts had any
Authority la She matter
Q. | win notify you now that any
more advice such as you have been
giving win subject you TO contempt in
ne House of Representatives.
CROSS-ENAMlNATION.
BY Alr Partridge
q: You and Mr. Kincheloe went
down there for The purpose OF seeing
Iuige CARRIER relative 10 getting an
1rdar from him Al fha ealfnfv elattr