Los Angeles herald., 1909-06-08
LAWYERS ALONE
IN SCHOOL CASE
PLAINTIFF AND lNSTlGAT0RS
FAIL TO APPEAR
TESTIMONY is FAVORABLE TO
DEFENDANTS
Crowd of Witnesses Appears in the
Court Room and Examination of
All Would Prolong Suit to
Next Week

The school bond case crept apologet-
ically into the superior court yesterday
and the trial on the one issue, the
question whether or not the secrecy of
the ballot was maintainedsat the Janu-
ary election, was begun before Judge
Bledsoe of San Bernardino, sitting for
Judge Hutton.
T. j. Spencer, the plaintiff in the suit
which has for its object according to
the complaint, the enjoining of the city
and board of supervisors from issuing
the $720,000 bonds for the benefit of Los
Angeles school children, was not pres
ent in court, and it was stated by an
intimate friend that Spencer has re-
Gently expressed the deepest regret be
cause he allowed himself to take part
in the action. Those who are believed
to be the real instigators of the suit
also were absent, and the labors in their
behalf were carried on by Attorneys
Hiatt and Selby, without assistance and
in the face of many difficulties, prac-
tically every witness called by them
giving testimony which, instead of up
holding their contentious, only made
them the more ridiculous.
Many Witnesses
The court room. resembled a political
convention at 10 o'clock, the time set
for the trial to begin Besides the $50
witnesses called by both sides, scores
of other persons interested in the bet
terment of Los Angeles school facilities
were present. OF the fifty or more wit
nesses who answered subpoenas issued
by the plaintiff, only thirteen were ex-
amined, and the proba abilities are that
the trial will continue into next week,
shuold thedefense deem 1t necessary to
introduce evidence, possibility that
hardly was apparent yesterday.
Those who testified yesterday were,
for the most part, election officers, who
stated that while no booths we're pro-
vided for the marking of ballots, plenty
of opportunity was given voters to
mark and cast their ballots secretly if
they so desired. Some comfort was
taken by the plaintiffs s attorneys when
Joseph Helm, contractor, who said
he had watched the voting at the cleo
tlon place in precinct %, and that
school boys were electioneering within
100 feet of the polls, adding that 1t
easily could be observed by any per-
son in the place how an elector voted,
first, because the ballots, as a general
rule, were not folded when handed to
the judge, and again, because of the
dissimilarity of color of the ballots.
Unable to Pick Ballots
His testimony was, however, some
what detracted from when, being asked
to point out the affirmative and mega
tive ballots, he confused the slips OF
paper, indicating the 'yes" ballots as
the mo- and vice versa. N
II. S. West, Oil North Bonnie Brae
street, was the first witness called by
the attorneys for the plaintiff. He was
Judge of election In precinct No Z. The
rule he said, was for an elector to take
the ballot he wanted from pile, mark
1t on table provided for that purpose,
or on a large shelf some distance away
81 presume most of the voters marked
their ballots against the wall" he said.
c. J. X. Jones was the second wit
ness, his testimony being similar TO
that given by Mr.. West. George M.
Holton, who acted as inspector In pre-
cinct NO. II, said the election in that
precinct was held at the Tunnel sta
bles on Figueroa street, where two
rooms were provided for the purpose.
Inside one room were the ballot boxes
and poll lists and outside a table on
which the ballots were placed in three
piles
81 placed the ballots in the ballot
box" said Mr.. Holton. Another man
registered the names and another in
structed the voters where to choose
their ballots The ballots were either
marked in full view of others or some
distance away. There was no effort to
conceal matters There were a num-
ber of school boys there and 1t was gem
vorable to the bonds. There was no
apparent desire for secrecy"
Says Voters Were Not Influenced
On cross-examination by Hartley
Shaw, representing the board of super
visors, Mr.. Holton said there was moth
ing to prevent any person from going
to the back of the stable to mark his
ballot, and that no effort was made by
any election officer to influence the
voters or discover how they voted.
Felix Imbert, judge of election In pre-
cinct NO. e3: b. w. Talbot, Judge in
precinct No. IL; James Hanlon, judge
in precinct No. 2; oliver A. Dryout, p
G. johnson, G. II. McCracken, II. A.
Martin, H. Kingstry and W. S. Long,
ali election officers, gave similar testi-
The trial will be resumed at 10 o'clock
today
Attorneys representing the defend
ants in the case are Hartley Shaw for
the board of supervisors, Emmett Will
son for the CITY and Joseph Scott for
the board of education.