Evening journal., 1916-05-25
BURRIS Case IS
NOW UP TO court
continued From First Pare.


the polls. He said in conversation
with others that he felt the election
officers did the proper thing or there
would have been riot.
The defence rested.
James Riley was called Tor the
State in rebuttal. He testified he went
up to vote at the polls and the win
dow was put down. He asked Virden
why ne could not vote and Nirden
told him he, RILEY, rhC old have yO.od
at his own primary. He was not chal-
lenged and no effort was made to
! swear him. He offered to take the
oath, but was not sworn.
He thought he had a right to vote
and said he was not drunk. He had
four drinks that afternoon He de-
MED he struck Warren and did not get
Frank May to go to Warren and ask
him not to have him arrested
Hugh Murphy testified he saw War
rem when he attempted to vote Ri
ley showed Warren away He was not
in line and went within seven feet
OF the window. He was not going TO
vote there that day. He saw no dis
order.
Officers Michael Donlin, Robert Ser
son. Swithin Walker and Frank
Veasey testified that they saw wrang-
ling but no disorder
| In cross-eXamination Serson said he
did not remember testifying before
/ Judge Rice that he saw Riley there
and drove him and all the others out
Of the yard He said some women
complained that the men were using
bad language and he drove them thirty
feet away from the polls.
Virden told him he did not want
anyone arrested.
The State rested
Mr. Reinhardt presented his argu-
ment
He argued no overt act was COM
mitted by Burris even on the testi-
mony OF the State.
Solicitation. he declared is all that
can he shown and does not support
the first and second counts according
to the constitution. They are in
dictable as separate offenses. There
is no testimony he said. that the three
officers were Influenced There is no
testimony that Burris' statement
caused the election officers to close
the polls
He asked that the court find the
defendant not guilty.
The court took Mr.. Reinhardt's
arguments under consideration, and
will give a decision in the case to-
morrow morning.
Doff Dean, who declared he worked
at the polls on behalf Of Slant IS.
Atkins. one OF the candidates, was
the first witness called when court
was convened yesterday afternoon.
He was firm in his statement that
Burris did not give any orders to
close the window. at which the bal
loting was done, but declared It was
necessary to do so because OF dis
order at the polls He declared il
was necessary 10 close the window
because OF the disorder In the alley
leading to the polling place.
y Dean al frst said he had been pres
ent az the polls all the afternoon, bu
admitted under cross examination
that he had been away for about q
minutes on one occasion. but insisted
that "he knew the polls were closed
, during the time he was away
The polls We're closed while ] was
/ away" declared the witness. Il was
away about 90 minutes. : know that
they were closed" He went out in
street about half a square from New
Castle avenue. The witness declared
again and again he would not answer
questions asked in cross examination
The polls were opened seven times
b. when the polls we're closed did th'
p crowd in the yard go away pesceabll
I and Quietly?' was asked.
2 Some of the crowd was half drunk
d There we're nineteen of these"
b. "Oflcer Serson said he voted be
p fore Z o'clock He knew many vote'
{ before that time but could not tel
{ how many. There was no one ther
4 at the time Officer Serson vote
s which was between 2.3O and O'Clock
r Immediately after that the windo1
o was pulled down.
n Isaac w. Bowers. secretary OF tn
+ Board OF Health and Republican cit
&c committeeman testified that he wa
, at the polling place at about o'clocl
y Riley was there and had a large site
x in his hand. Witness said the ma
, was intoxicated. Window was close
e on arrival of the witness and he orde
& ed Il opened When the window wa
)f opened the crowd gathered and mad
At a disturbance Witness said he wer
le out and attempted to dispense IN
is crowd. He appealed to Ohicer Sc
ly son who said he could not do an,
y thing except arrest them at the 4
n stance of the officer I'm charge of th
of station. On this occasion the vii
s dow was open about 10 minutes. Aft,
he it was closed witness said the la
re J. II. Lewis told the crowd they wou
n have to close the poles. On eros
a examination witness admitted no g
AZ tempt was made TO have men arres
In ed for attempting to vote althoue
pr police officers showed willingness
d. preserve order among members
9"' crowd
I officer Charles Virden testih,
TX Riley interfered with voting by lea
ing on window and obstructing il wi
~ his arms. He closed the window
Of said, because of disorder and not I
m cause of orders from Mr. Lewis w
n ness could not say how many tim
AZ he opened and closed the windo
in Witness testified that Mr.. Lewis sa
ID he could see no way to take the vot
NJ so he ordered the window closed al
n left It down.
In cross-examinatiOn the witne
could not say how many votes h
been cast in the district. Some vote
refused TO take the oath when
quired to do so especially as N
ID (Faulkner?l said "it was not wor
av the paper it was printed on" He cou