Evening journal., 1912-01-31
ELECTION
CASE ON
Defense in FitzSimmOnS Case
DeHisS ImperSOnatiOn
Charge
ACCUSED TO GO ON
STAND THIS AFTERNOON

this morning The case was prose-
cuted by Attorney-General Andrew Z.
Gray and Deputy Attorney-Ge
Josiah o. Wolcott Fitzsimmons is rep
resented by Robert G. Harman. Fitz-
simmons. who entered a plea of not
guilty was accompanied to the court
by his father-in-law. James Kane. City
Councilman from the Fourth Ward,
who sat beside him.
Several jurors we're challenged af-
ter which the following jurors were
chosen: Howard E. Cannon, Abraham
Bacharach, Frank J. Clark. Leslie
Hill. Millard +. Davis, William West,
Martin f. l.. Hutton. James Monaghan,
Joseph Mitchell, Jay W. Burns. Frank
Lyman and Elmer L. Highfeld
The first witness called by the
State was John l.. Wright. deputy
clerk of the peace, who produced the
four books of registered voters from
which the various registration books
we're copied.
Lambert J. Foulk. secretary of the
department Of elections, was called by
Deputy Attorney-General Wolcott,
who told of the last municipal election
and produced the registration book
of the Fifth district of the Fourth
Ward as returned to the department
of elections. Mr.. Harman, counsel for
the defendant, objected, saying they
were not the original books, the origi-
nails having been kept at the clerk Of
the peace's office. He likwened them
to hearsay evidence.
Mr.. Harman also claimed the law
did not authorize the duplicate regis
tration books, and Attorney Wolcott
claimed the best proof was to COM
pare the book with the original. The
objection was sustained and the dupli-
cate book was not admitted
Mr.. Foulk then produced the poll
list as returned, which was admitted
in evidence without objection. This
showed that Coleman Hunter, of No.
527 East Fifth street, had voted.
Coleman Hunter, whose name was
voted on, was called and testified he
was registered before the last general
election of 1910, from No. 527 East
Fifth street. He did not qualify at the
last city election but did not live at
the Fifth street address. He boarded
at No. 613 Spruce street then.
Cross Examined by Mr. Harman
Hunter said he was not around the
polling place where Fitzsimmon is al
legged to have voted on city election
day.
Lewis B. Lemon, of No. sos Lombard
street. who was inspector at the cit,
election. testified that some one haC
voted on Hunters name between
o'clock and $50 o'clock. He identi
fed Fitzsimmons as the man whit
voted. He claimed that he had SOM
doubts at the time, but after question
ing Fitzsimmons, he instructed tn
clerks to give him a ballot. Late
Lemon placed the ballot in the box.
The book of registered viters wat
again produced and Mr.. Harman OBJ
iected. States Attorney Wolcott sale
the book was stamped when the vot.
ers cast their ballots. Mr.. Harmar
claimed the law said the original bool
should have been used. The objection
was sustained Lemon said the fol.
lowing day, Sunday, while at his par.
lor window he noticed Fitzsimmoni
pass with another man. He went &c
the door and asked a neighbor who
the man was. but the answer wasn't al.
lowed in evidence.
Lemon admitted that later he found
out that the name Of the man who
passed his house was Fitzsimmons.
Cross examined by Mr.. Harman
Lemon said he did not know Fitzsim
mons. He had remembered Hunter
when he registered but could not re
call Hunters face at the election. HI
was asked if he did not say in Mag
istrate Gluckmans Office at the hear
ing on the evening Of July 10, 1911
in the presence Of William J. McVey
reporter, James Kane and other
that he could not swear it was Fitz
simmons who had voted. He replie
mo"
II Mr.. Wolcott asked Lemon what b
had said at the hearing before Magi'
! trate Gluckman, Lemon said he r.
j, piled that he could swear Fitzsin
: mons had voted.
James Taylor. of No. 606 East SiSt
= street. a Judge at the election boot
= said he could not swear who the ma
was who voted on Hunters name. n
: said he resembled Fitzsimmons. II
y also claimed that he heard Lemo
!. challenge a man on Hunters name
David w. Mccarthy, one of the ele'
= ton Judges last June, identified Fit
: simmons as the man who had voted o
. Hunters name.
= = Raymond c. Dean. one Of the clerl
). at the booth. identified the poll shee
!. with his signature opposite the nam
y of Hunter This concluded the state
- case.
\ Mr.. Harman asked for instruction
to the Jury to acquit, as the alleg;
: tions in the indictment we're not SUI
:, tanned. he claimed. as Hunter had I
~ right to vote at the election.
= The court thought it best to subm
the question in prayers and Mr.. Ha
man said he would present anoth'
reason, it being that there is no la
applicable to the impersonation of
s. voter at a municipal election.
5 Mr.. Harman then addressed II
i jury saying it would be proved tn
n Fitzsimmons was not at the electiC
e booth on the day in question
IT Joseph f. Komtzer. a challenge
E. said he was at the booth. knew Hun
y, er and Fitzsimmons. and saw Hunts
re there nearly all election Afternoon
or He was positive that Fitzsimmor
did not vote there.
Cross-examined by Attorney-GeI
,t eral Gray. he said he did not kno
= who voted on Hunters name.
Dennis J. ONeal. Republican col
s. mitteeman. testified he was a cha
e. lenger. and was present nearly a
y the afternoon. He knew Fitzsimmol
m and Hunter. and thought he sa
re Hunter there during the day. Und
tx cross-examination he said he did n
e, hear about any one voting on Hun
q er's name until the next day.
re- James A. Mealey clerk at n