Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-12-11
PROGRESS IN HEARING
Of MAYORALTY CASE
MAJORITY OF a. B. COLE ESTAB-
LISHED, EFFORTS NOW CONCEN-
TRATED UPON EVIDENCE AF-
FECTING VALIDITY OF ELECTION
COUNSEL AGREE UPON PORTIONS
OF TRIAL AMENDMENT RELAT-
ING TO URESTI INJUNCTION. RE
LEVANT TO HEARING.

court for the past two days has been
devoted to hearing testimony in the mum
Iicipal cases. The majority of the respOn-
dent A. b. Cole for mayor being estab-
lishcd by the recount of the vote in the
1st. 3rd, and 4th wards. the chief end
in view on the part of the respondent now
is to establish the validity of the elec-
ton The only hold which may be obtain
ed by the prosecution now would consist
in proving Irregularities in the ballot
\ ing sufficient to cause the court to throw
out the election. In the event of such a
decision being sustained. new election
would have to be ordered This naturally
would constitute Mr.. Kowalski mayor
again until his successor could be elect
ed and installed. and would also entitle
him to the mayors salary for the time
from the date of Mr.. Coles taking Office
until his successor should qualify.
Just before the noon hour yesterday
the respondent by his attorneys intro
duced his trial amendment. 1t was de-
the amendment would not be read to the
court by the attorneys.
The amendment attacks five votes al
legged to have been pOlled after seven
o'clock in the first ward. 1t also makes
specific allegations attacking some of the
democratic votes The charges involve
mostly allegations of nOn-residence, and
being minors.
The amendment further meets the al
legation in the original petition Of the
relatOr that the ballots were legal and
printed in accordance with the in juno.
tion Of Andres Uresti VS.. the city of
Brownsville.
The respondent at first attempted to
introduce that portion of the Injunction
regulating the printing of the ballot.
Mr.. DOugherty for the State, objected
to the introduction of only a part of
the injunction, insisting that the whole
instrument be filed. 1t was agreed, be-
tween Mr.. DOugherty and Mr.. Graham
that such portions of the injunction as
they could agree were irrelevant should
be stricken out. Mr.. Dougherty also asked
that the fiat Of the court authorizing
the writ to be issued be filed. This was
done.
| Although the case Of the respondent
is now being heard it was agreed that,
in order that he be relieved from at
tendance on the court Judge w. +. Haw-
kins, witness for the relator, be al
lowed to take the stand.
| Judge Hawkins was one Of the five
who had voted in the first ward just
as the polls closed. He testified that eli
ther just before or just after he had
deposited his ballot in the box, the Off
GERS ordered that the doors be closed.
| V. L. Crixell, president Of the Inde-
pendent club. was the next witness.
| Mr. Crixell testified that he spent elec-
tion day in the second ward. He said that
when the presiding officer had called
the polls closed at noon. Judge +. FortO,
Y s. Dworman. w. Wood had been permit
( ted to enter the polls Mr.. Crixell stated
that he had asked why. if these men were
\ allowed to vote at that time he could
( HOl get SOiHc Vi HIS IlcI Ill Ilt stdltu
that he had sent four literate voters to
v the polls at that time, but only two were
permitted to vote Mr.. Crixell said that
1 he thought that the men who had voted
were Blues They did not come through
either of the lines.
A YSidOrO LOngOria. who acted as assist
ant Judge in the second ward testified
I that he had misunderstood the instruc-
/ tiOns of two voters and had scratched
/ the Democratic ticket when the voters
intentions were to vote for that party.
He stated that he had asked the presid-
| ing officer for new ballot and had rec
/ titled his mistake
Louis Crixell testified that he did not
vote but could have done so. had he not
remained away from the polls. in order
/ that others might vote
George Stowe testified that he had ap
preached the polls through the group
at the corner of Tenth and Adams street
under the assumption that that was the
only way he could reach the polls.
The following testified that they had
voted in the second ward and had not
been forced to come through the lines
or groups:
B. g. Stegman, J. J. Fox. valentin Ga
vito. DR. G. $. Stell W A. Rutledge
and W. F.. McDayitt These all testi
fed that they had voted irrespective OF