The San Francisco call., 1909-10-23
H[N[Y WINS WITH
MAJORITY OF 65
Recount Proves Prosecutors 5
Right to the Democratic
Nomination
Judge Murasky. Finds Only Eyi-
dence of Fraud in Returns
for Fickert

Francis j. Heney was nominated py
the democratic party for district at
torney by a majority of 65 over Charles
Fickert and no fraud was perpetrated
in the counting of the ballots. That
was the effect of the judgment rendered
by Judge Murasky yesterday at the
termination of the recount. All the
lawyers in the case agreed that there
had been no proof of actual fraud.
While the judge declared speciflcaliy
that no evidence of fraud had been
produced, the count in at least one pre-
cinct was so peculiar as TO require some
explanation, he said. In the sixty
first precinct of the thirty-ffth district
Heney was deprived sof % votes. Inc
election officials returned IA votes Tor
Fickert and none for Heney, whereas
there were 25 cast for Heney ana II
for Fiekert.
Il can not understand why no votes
were counted for Mr.. Heney In the
sixty-first of the thirty-fifth district,
said Judge Murasky in giving Juog
ment. DO you wish to have the Of
ficials of that precinct summoned into
court to give an explanation he
asked of the attorneys for Heney.
/ 81
Henry Eickhoff 1.-The courts criti-
cisn, we think, will suffice. 1t does
seem strange that no votes should
have been counted for Heney IN this
precinct, but we do not wish TO pursue
the matter further
so far as the evidence before the
! court goes, no fraud was committed
at the election stated the judge.
QUEER RETURNS HELP FICkERT
f.
ing subsequently on the result of the
recount, said. L agree with Judge
Murasky that the failure to count
| Heneys 25 votes in the sixty first pre-
cinct of the thirty-fifth district seems
/ to require explanation, but there is no
use prolonging the agony. That GER
| tainly is the only suspicious c1rcum-
! stance brought out by the entire pro-
ceedings. In the cases where the cleo
! tion officials failed to count the votes
given Fickert on the democratic ticket,
| 1t was because he was the official re-
publican candidate for the nomination.
That was simply an honest mistake on
their part, but in the sixty first pre-
cinct of the thirty fifth district there
was apparent discrimination against
Heney. The net result of the recount
/ is to reduce Heneys majority from SS
to SIS, and when it Is considered that
many of the voters who wrote in their
tween the official returns and the re-
count Is comparatively slight. An en-
4 tire absence of fraud on the part of
/ the friends and advocates of Mr.. Heney
| has been shown
Ira S. Lillick, attorney for Fickert,
said: In the great majority of in
| stances it was simplys.a case of honest
mistake on the part of the election of
| ficials In several precincts there might
have been frauds, but / will not say
there were. l am not prepared to say
| what precincts 1 refer to-.
COUNT FORTY PRECINCTS
| Forty precincts were recounted yes
terday, representing part of the thirty
ninth district and the fortieth, forty
\ first, forty second, forty-third and
forty fifth districts. Heney gained
steadily throughout the day. At the
| start his majority was 53, and to this
! were added seven in the morning ses-
sion and five in the afternoon. The
biggest single variation from the of
fetal return was in the one hundred
| and fortieth precinct of the forty
third district, where Fickert had been
given four votes to which he was not
entitled.
The mistakes corrected uring the
day were;A One hundred ana second pre-
cinct of the thirty-ninth district, Flick
ert lost 1, Heney gained /; one hun
Fickert gained /; one hundred and
fifth of the thirty-ninth, Heney gained
i; one hundred and eighth of the
thirty ninth, Heney lost /: one hundred
and ninth of the thirty ninth, each
gained 2; one hundred and thirteenth
of the thirty ninth, Heney gained 1
one hundred and fourteenth of the
thirty-ninth, Heney gained 1; one hun
dred and fifteenth of the thirty-ninth
each gained 9; one hundred and seven
teenth of the fortieth, Fickert gained
9; one hundred and nineteenth of the
fortieth, Heney gained /. Fickert los1
2. one hundred and twenty-eighth o1
the forty-first, Fickert lost l; one
hundred and twenty ninth of the forty
first, Fickert lost 2, Heney gained
one hundred and thirty first of the
forty first, Fickert gained L; one hun
dred and thirty-second of the forty
first, Fickert lost 1: one hundred anc
thirty third of the forty first, Heney
gained 2; one hundred and thirty.
sixth of the forty-first, Heney los
Il. one hundred and fortieth Of
the forty-third, F'ickert lost A. ons
hundred and forty third . Of thI
forty-fourth, Fickert gained Il one
hundred and forty-fifth of the forty
fifth, Heney gained /. Fickert gained
q one hundred and forty-seventh o.
+ the forty-fifth, Fickert gained /, Flick
ert lost /; one hundred and forty,
eighth of the forty fifth, Flicker
4