Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-12-09
DEFENSE BEGINS IN
CITY ELECTION CASES
OFFERS TRIAL AMENDMENT AL
LEGING ILLEGAL VOTES CAST
FOR COBOLINI- RELATOR ALSO
OFFERS TRIAL AMENDMENT
ELECTION OFFICERS SAY HEAVI-
EST VOTE IN YEARS CAST IN 1ST.
WARD-COURT ADJOURNS FOR
CORNERSTONE LAYING.

LIS WI Il IN 4 1-AN1 y 10 l..
WARD-COURT ADJOURNS FOR
CORNERSTONE LAYING.
With the announcement by Judge Gra-
ham, counsel for A. B. Cole in the muni-
cipal election eases, that the attorneys
for the respondent, Mr.. Cole. would file
trial amendment Monday morning. al
.leging specifically that illegal ballots
were cast for the relator, L. Cobolini
and the announcement by Mr.. Dough
erty for the relatOr that he would also
file trial amendment on Monday, the
hearing Of the respondents side of the
case was begun Saturday morning.
The first witness placed on the stand
by the respondent was Louis Brulay,
who otticiated as presiding Judge in the
first ward in the city election
Mr.. Brulay testified that he opened
the polls a few minutes after eight
O'Clock on election day, that he had two
police officers stationed in front of the
DOllS DOtuuIH ~lItNIHO. ST.. anu SdDduO
Flores. He had instructed the officers to
allow the literate voters to approach
the polls at will, and Judges Sam Bell
and Miguel Fernandez were detailed to
mark the ballots Of illiterate voters.
Mr.. Brulay said that Immediately af-
ter the polls opened a voter cam in and
asked for Blue" ticket, that he said
that there was no such ticket. and that
judges Sam Bell and j. c. DeBruin had
said that he Mr.. Brulay) knew what
the man meant and they were there
to express the will of the voters Mr..
Brulay further said he made the ruling
that, when voter asked for the Inde-
pendent party ticket he was to be voted
for Mr.. Cole, but when he merely asked
for the Independent he was to be ques-
toned as to whether he wished to be
voted for Mr.. Cole or Mr.. Kowalski.
Mr.. Brulay further said there had
been 514 or 517 votes polled in the ward
that day, and he would have polled the
lost in arguments in the morning and
a lull about $50 in the afternoon when
the voters came III very slow, and there
was no time lost through challenging
as challenges were made and passed up
on while the voter was waiting his turn
at the booth.
Miguel Fernandez. Independent Judge
in the first ward. cOrrObOrated Mr.. Bru-
lays testimony to a large extent. Mr..
Fernandez said that sometimes when a
voter asked to be voted for the Indepen-
dent party he would be questioned as to
whether or not he wished to be voted
for Cole or Kowalski and sometimes
he would not.
Frank c. Pierce. tally clerk in the first
ward, cOrrObOrated the testimony of Mr..
Brulay and Mr.. Fernandez. He said that
the vote polled on April was the heavi-
polled in the first ward in eight years
Lieutenant of Police Joaquin Trev-
inO, sr., testified that he was stationed
in front of the first ward polling booth
on election day and that those who were
able to mark their own ballot were per-
mitted to enter irrespective of the par
ty lines. Police Officer Sabas Flores also
testified TO the fact that literate voters
were not interfered with
Ricardo Bautista testified that he vOt-
cd in the first ward, that he did not need
assistance in marking his ballot. He said
he voted for Mr.. Cole
G. II. More. Independent party chal-
lenger in the first ward, testified that
only twenty-five or thirty challenges
were sustained and four or five Of these
were literate voters, that 20 per cent of
vOtrS in the ward were illiterate. he
also said that the voting was the heav-
est ever polled in the ward
Mr.. More was the last witness placed
on the stand. Judge Hopkins said that
as Monday morning was the day for
the laying of the cornrstone Of the new
court house court would recess until )
o'clock Monday evening.