El Paso herald. (El Paso, Tex.) 1901-1931, 1912-09-23
NORRIS-H HARPER
CASE ON MERITS
Contestant Sues to Prove
Harper Not Entitled to
Votes as Ring Man.

After an argument lasting an entire
] week, the MOris-HaTper case went to
trial on its merits Monday morning
! Judge F. G. Morris, the plaintiff in the
case, is contesting the nomination OF
Judge j. r. Harper on the ground that
the votes counted for him were not IN
| tentionally cast for him by the voter.
! The contention OF the conteStee, contra
dieted by the contestant, is to the ef-
! feet that Judge Harper was voted Tor
as a ring man. The contestant is alleg-
ing and is trying to prove by witnesses
! that Judge Harper was not a ring man,
and when the voter cast his ballot for
the ring ticket, Judge Harper was not en-
| titled to the vote. The contestant is
maintaining the same ground with ref
creme to the anti ring. ticket. Judge
! Morris is arguing that neither he nor
! Judge Harper were affiliated with either
! faction.
Witnesses who testified Monday
morning stated that the voter was only
| asked if he wanted to vote the ring or
| the antiring ticket. The names of the
| individual candidates, they said, were
| not called out to the voters.
Pence Marked Ballots.
George Pence testified: Whenever a
voter wanted to vote I fixed the ticket
| times 1 would appoint man when
was busy. 1t was just hit and miss
l was the presiding judge. The voters
| spoke to me. They would say they
companions or Alderete and his com
] panions. The men were busy in the
booths. They helped three-fourths of
the voters who voted there The voter
would put the ballot in the box. Some
times 1 did this. 1t was not folded at
, times and I would fold it up and stick
it in the box.
''Maesa might have been one of the
clerks. W. B. Bull, Ballard COldweH,
! another, and myself marked the bal
lots for the ,illiterate voters. Mr.. Bull
helped on the tally sheet His work
in helping the illiterate voter and work
vided"
Judge Douglas remarked: You testi-
fed to one ballot being mismarked;
was that ballot changed"
Witness: Yes"
Offer Returns As Evidence.
W. 5. Ware testified: Il was chair
man of the Democratic executive COM
mittee during the July primaries I
have the returns with me. There are
the entire returns, from precinct l to
q, inclusive I have the tabulated
statement adopted by the executive
committee showing the returns"
The returns and lists were offered in
evidence by judge Morris The poll
list of each precinct contested was also
offered in evidence
Candidates Not Called BY Name.
J. G. Sauermann testified: I was
one of the clerks in precinct No. Is.
ton of ballots. 1 don't know his
initials. With the exception of two or
three he marked all the tickets. Mr..
McVey, the associate judge, marked
two or three
The only conversation I heard him
use was: Did they want to vote the
ring or anti-ring ticket He did not
call the name OF individual csndi-
'Three-hfths of the ballots cast there
had to be prepared There were two
or three negroes assisted The rest
Mr.. Hadlock not calling the names
don't know what was done about
Harper and Norris.
The majority who came in were
illiterate MeXicans. Mr. HadlOck had
trouble many times trying to find out
how the Mexicans wanted TO vote He
did not speak Spanish-not in my
presence Mr.. Hadlock would ask If
they wanted to vote the ring or anti
ring Usually when they answered
they would say, .Aldefete and his COM
paniOns, or 'Escajeda and his COM
panions'
Anyone could hear this conversa-
ton. This usually occurred before
they went into the booth. When Mr..
Hadlock found out who they wanted
to vote for he would go in the booth
and fix the ticket 1 never saw him
turn over the ticket to the voter after
he had prepared it"
Voters Did Not Understand.
On cross examination the witness
stated that he was machinist foreman
at the G. H shops. The voters in most
instances he said did not understand
what was meant by ring or anti-ring,
wanted to vote for Alderete and his
companions or Escajeda and his COM
panions. The witness said that he did
not keep a memorandum of those who [
Gro a. Tod Il n hot - I'D
cred that ne was there to see that both I
sides got a square deal" The wit |
ness said that he did not think he |
could give the name of any voter who !
had been assisted in the preparation l
of his ticket. The witness said he
was what might be called "a silent (
anti-ring man." He said that he did |
not have time to get out and work.
Witnesses who testified Monday morn \
ing were: S. E. Org, Z. J. Hadlock, +. J. 1
Schuhng, George Pence, ". B. Ware and 4
J. G. Sauermann.
Last week, Judge W. c. Douglas, be-
fore whom the contest Is being tried, an I
nounced that If the testimony during the 4
trial of the case developed the fact that /
Judge Harper was a ring man, he would /
not throw out the ballot if the voter cast |
his vote for him as such when telling the |
officers OF the election that he wanted
to vote the ring ticket.
1t was stated by the contestant that
there would be some contradictory evil
dence introduced on the point as to
whether judge Harper was a ring or anti
ring man.
Further argument on the motion made
by judge Seymour Thurmond to transfer |
the contest cases he represents to the /
gath district court, will be heard this aft
ernOOn at o'clock. The hearing was set
down for o'clock Monday morning. but
on account of the meeting of the bar as
ISOLATION was postponed.