The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1915-06-17
JUDGE CONSIDERS
ELECTION CASE
HAS NOT MADE RULING ON Ac.
CEPTANCE OF BALLOTS FROM
SECOND WARD IN COURT.

Judge Frank B. Smith this noon
took under advisement the question
of accepting the ballots offered in
evidence, in the suit brought by John
AltEen, Jr., to contest the election of
Charles Fowler as treasurer OF Davi-
son county I'm the general election last
November.
The case is apparently Ringing on
the acceptance by the judge OF the
ballots offered in evidence from the
Second ward, which under the re-
count have given Mr.. Anthem an in
crease OF SO votes and taken away 80
votes from the votes of MIR. Fowler.
unseat Mr.. Fowler and give his OPP
ponent the election.
"Case is Peculiar"
This case presents a rather pc
culiar proposition" declared Judge
Smith late yesterday afternoon on
sidering the admissibility of the Sec
ficials OF that ward were either I'M
usually negligent OF their duties or
the ballots have been tempered
with"
The judge then asked Lauritz Mil
Ter, of counsel for Mr.. Anthem, if he
could account in the discrepancy be-
tween the official count and that
shown in court. Mr.. Miller replied
that he was not prepared to answer,
although he stated he was of the
opinion that mistakes had been made
in recording votes. At this jugcture
II. E. Hitchcock, of the counsel for
Mr.. Fowler, asked: "How do. you ac-
count for the fact that the 81 ballots
found in the boxes and not stamped
with the date are all for Mr.. AL
them"
The court, before a%djourning,
ordered the ballot boxes of the Third
and Fourth wards opened. There
was 40 change found in the vote as
canvassed by the county board, Mr..
Fowler retaining his majority of SO
votes in the Third ward and SO votes
in the Fourth ward. The forenoon
was occupied with an examination of
the poll books and the argument of
counsel.
That no mistakes had been made
IN counting Or recording the ballots
in the Second ward, vas the testi-
mony given by S. 1. kearns, superin-
tendent of election in that precinct,
in court late yesterday afternoon.
Mr.. kearns declared that when all
ballots had been counted they we're
tied around with a rope and placed
I'm the ballot box, prior to elivery to
the auditors office. On cross-examin-
alton he admitted he could not iden-
t1fy the stamp used in marking the
used ballots, although he declared
he could swear that all ballots used
were properly stamped.
Paul Welch one of the clerks of
election in the Second ward, stated
that the other clerk was Frank Nc
Grath, now in IIibbard, Mont. He
identified the poll book kept by HIM
self and declared that the count on
the candidates for county treasurer
was correct. He declared that only
once in the count had a mistake been
discovered, then when the two books
failed to tally on the office of COM
missioner of public lands.
Count Same As Official.
George Besancon testified on the
stand that on the night of election
he had gone to the polling place in
the Second ward and that his person
al count on eight candidates OH the
county ticket, including& those for
Treasurer, had been within one to
ehree votes of the returns as found
by the clerks. On crosssexamination
he stated that he had III particular
occupation. He stated that he was
very we'll acquainted with either can
didate for county treasurer and had
no particular interest In the election.
Raymond l.. Blynn and Fred A.
Wells both testified that they were
interested in the close race for coun-
Ity treasurer between Mr.. Fowler and
Mr.. Anthem and on that account had
gone to the Second ward and kept
tally on the vote. They both testified
that with Albert Nolt they had gone
to the polling place and standing be-
hind John Gleason, judge of election,
they had looked over his shoulder
and kept track of the vote. They both
swore that their individual tally was
practically identical with the official
one of the election clerks.
Saw Count Made.
B. n. Baker, q witness for Mr..
Anthem, stated on the stand that he
had been present at the Second ward
voting place for some time on cleo
ton night. He testified that he had
Iseen w. j. Pattison, one of the cleo
tion judges, talking with, a spectator
and not watching the count. Earlier
lin the afternoon, Mr.. Pattison had
testified that he had watched every
ballot as it was counted. Mr.. Baker
admitted that he had not seen any
iof the ballots counted on the county
lofficials.
David Pearson, on the stand for
the plaintiff, declared that he had
visited the Second ward polling place
lat 10 and at II o'clock on election