Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-12-06
PLAINTIFFS REST
IN ELECTION CASES
FURTHER COUNTING OF BALLOTS
SEEM TO INDICATE ELECTION OF
COLE IN MAYORALTY CONTEST
IN COURT YESTERDAY.
MIR. COBOLINI TESTIFIES THAT HE
MADE NO OBJECTION TO LINEUP
AT THE POLLS ON THE DAY OF
ELECTION.


The prosecution rested in the mayOralty
contest case in the district court yes
terday, the last witness being Louis Co
bolini. the relatOr. and candidate for
mavOr on the democratic ticket.
By the recount of ballots in Ward ,,
made Yesterday. Mr.. Cobolini won the
lead by one vote over the present Mayor
Cole in the recount. which had been for
Wards and l lost votes, and Cole lost
three. thereby turning the balance again
in favor of the latter. A recount Of the
remaining box. that of ward 3, was not
asked for by REALTORS in the election, for
the reason that no irregularities were al
legged there.
More than score of votes. for va
riOus reasons, have not been counted, the
decision of the count being necessary to
determine their legality. This decision
naturally will be necessary to establish
the final result.
The state in the course of the trial has
presented eighty witnesses, the time con
sumed, including delays from arguments
and holidays being fourteen days or two
weeks.
Mr.. CObolini testified yesterday in
part that he had been born at Cappa
Distria. Austria. 6S years ago, but had
been for many years a resident of this
country. As to the alternate method of
voting which was in effect on the day
Of election at the various polling places,
he testified that he had never agreed to
this enforced lineup method. Being a reg
ular nominee of the democratic party
he believed that the heads of the party
acted in his behalf.
He had never protested against it 9th
or than i'll conversation with friends.
Upon a question by Attorney Creager
for the defense. asking whether he had
seen the arrangements and method for
voting but did not protest officially Mr..
Cobolini admitted that he had seen the
arrangement and was willing at the time
to accept any benefits which might have
accrued to his candidacy by said ar
rangement
After Judge Doherty for the REALTORS
had stated that they wished to intro
duce the method of Milling and the op
ening of ballot boxes, as evidence the
defense raised the same protest then as
they have for each box stating that the
allegations in the petition made no re-
ference to the count of the votes.
They further registered objection to
the introduction of the mandamus pro
ceedings instituted in the suit of Andres
Uresti VS.. Kowalski and others last Ap-
ril contending that it was inadmissible
and wholly irrevelant in the present
suit. The Uresti suit related to the me
thod of arranging the Independent can
didates, names on the ballots.
This afternoon just prior to the closing
of the states case, Judge DOugherty of
fered the poll Of votes by the count as
evidence. In regard to the counting of
4 those ballots over which there has been
aquestion raised. he stated that under the
law the ballot in the city election should
have comprised two separate columns
only and not three. as he said was the
case of the ballots at the last city cleo
tion.
The court in ruling OH the two Objec-
tions of admissibilitv directed by the de
Tense at the polling of votes and the
attempt to introduce the testimony OF
the Uresti suit sustained and denied in
order:
James Dougherty, for the state. an
nOunced at 2:40 that they rested and i'm
mediatelv the defense, through AttOr
ney Boone. asked for time. this after
noon at o'clock being finally set by
Judge Hopkins During the presenta
ton of the case for the defense speci
fic attack upon the validity Of many OF
the votes cast in the city election will bt
made. according to an announcement
made yesterday afternoon.
REBELS ACTIVE IN DURANGO.