The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1910-12-03
VOTING
CASE UP AGAIN
OTHER ADJOURNMENT is
TAKEN. QUESTION OF PER-
JURY NOW SEEMS TO BE
THE ONLY ONE,

Another adjournment was taken in
Justice Jackola's court this morning,
on the charge preferred against Harry
Rose and Peter Fitzgerald, of Cleve-
land and Minneapolis, that~voted ille-
gally at the recent special village cleo
tion, held for the purpose of naming a
successor to Clerk n. +. Kaiser, re-
signed
After hearing the evidence, and the
arguments of Attorney II. II. O'Brien
/ for the defendants. and Prosecuting
Attorney w. j. Macdonald, Justice
Jackola adjourned the case until We'd
/ nesday morning of next week, TO allow
both attorneys to file briefs on the
question of whether perjury had been
| committed or not.
n. Il. Kaiser, who acted as clerk Of
! the special election. went on the stand
this morning, and testified as to the
defendants attending the election on
| the morning of polling day, and asking
to be allowed to record their votes.
They gave as their reason for not reg
isterng on registration day that one
was out of town and the other con-
fined To his room at the Arlington ho-
tel by sickness. After being warned
as to the step they were taking by +.
II. Schumaker, one of the commissions
ers of the election, the defendants
allowed themselves to be sworn in,
said Mr.. Kaiser.
i Marshal Trudell also went on the
j stand and testified as to making IN
auiries at the Arlington hotel, concern
ing the date the defendants registered
on the hotel register. He said he
found the defendants registered on No
yember 25. Rose was first registered
from Cleveland and Fitzgerald from
Minneapolis The word Cleveland was
crossed out and Detroit substituted
according to the marshal. while tho
word Minneapolis had been similarly
treated, and Flint marked in its place
The ink was fresh, and not yet dry. He
also found an entry under october q
in the register containing the names o.
Fitzgerald and Rose, the ink also De-
ing fresh in this entry.
O'Brien Submits Argument.
This was all the evidence produced
and Attorney p. H. O'Brien then asked
the court to uuash the complaint an6
warrant, and to discharge the defend
ants for the following reasons;-
1st-That the complaint and war
. rant were void for the reason that M
crime or offence under the law of th'
state had been committed. And tina
a appears from the complaint ant
warrant that the election must hav'
: been a special election. and there wa
e no showing in either case that tn
: election was held by virtue of an!
$ resolution. and without such show
I ing the complaint and warrant mus
J he void on their Nee.
2nd-Under the complaint. warrants
: and testimony. II appears that the so
called election was an election hell
, for the purpose OF filling n vacancy
y and that at the time of holding sucl
election there was, as matter of fac'
. no vacancy.
q srd-That the so-called election wa
a held for the jurpose OF filling vacan
cv In the office of village clerk. and
a the statutes and charter OF the villag
. nrovide for the filling of such vacan
9 cy by appointment by the village coun
Il cil. therefore there was no authority I
, hold this election, and all OF the pro
. ceedings of such election are absolute
q lv null and void: and so the electio
: being illegal. the voting thereat with
out qualification would not be an