The copper era and Morenci leader., 1917-02-23
NEW PHASE BOBS
 UP IN HEARING |

PHOEN1A-Ihe Hunt-CampDoll pro- ceedings in the superior court were considerably enlivened yesterday through the effort of Hunts attorneys to transfer the burden of proof of the validity of the ballots from plaintiff, MT. Hunt, to defendant, Governor Campbell.
 In the midst of the count of Wenden precinct, Yuma county, Senator Ives interrupted the proceedings by placing MT. Standage, clerk of the Board of Supervisors of Maricopa county on the witness stand and questioning him in regard to the receipt and subsequent transfer of ballot bags returned from the various precincts in Maricopa coun ty. Judge Sloan and E. s. Clark i'm mediately objected to this. There be- ing no statute in this state covering the conduct of an election contest, the court has permitted Hunts attorneys to proceed with the count of the bal lots prior to the establishment of their validity upon the repeated avowal of Attorneys Ives, Struckmeyer and Cur ley that ample proof would be furnish ed as to the integrity of the ballots upon the completion of the count in precincts in which Hunt had gained. Judge Sloan pointed out that this de- tparture from the customary proceed ure had been to Hunts benefit, and that his attorneys should not depart from this plan to the detriment of Governor Campbell's side of the case without giving at least few hours notice of their intention. The court held with Judge Sloan and granted him until Il o'clock to prepare for the examination of the witness. Dis s-f !. tor Ives continued to argue until the court suggested that he was using the time needed by Judge Sloan to pre- pare his case.
 Thereupon the counting of ballots in Wenden precinct proceeded. At Il o'clock the examination of MT. Stand age by Senator Ives began. He testi- fled to having received the 75 ballot in Maricopa county and transferring them as soon as they were all receiv- ed to the county treasurer, George Me Donald, unopened and unaltered
 During the examination it was brought out that some of the unused ballots were returned with stubs de- tached. This will prove an important factor in the case, as heretofore the presence or absence of the stub has largely determined whether or not ballot had been through the ballot box. MT. Standage testified that he had re- ceived the ballots through many diff ferent sources. including United States mail, Wells Fargo Express, stage drivers and individuals whom he did not know, and that in all cases he gave receipt for them where the person delivering the ballots would wait for it.
 The answers of witness not always being to Senator Ives liking his ques- 1 tions became somewhat severe, where upon MT. Bullard objected that he was cross-eXamining his own witness, which objection was sustained by the court.
 MT. Standage testified, in answer to a question by Judge Sloan, that upon receipt of a court order to produce poll books and other election papers held in his office he had found 127 additional ballots aside, from those counted in the preliminary court in fspection, among these poll books These books and ballots he had turned over to the clerk of the court, taking his receipt for the same.
 I In the afternoon former County Treasurer George Mcdonald testified that he had received the bags of bal. lots from the clerk of the board of supervisors and that the same remain. led intact while in his possession until turned over to the clerk of the court flor the preliminary inspection. i
 Upon the completion of this testi
 mony, Senator Ives attempted to place in evidence all of the original Mari
 copa county ballots, claiming that their validity had been established
 Judge Sloan objected, stating there
 was no evidence to show that these were all of the ballots counted by the election boards or not more than those counted. A general discussion ensued in which it was pointed out by counsel for Governor Campbell that if the bal lots themselves were to be considered as prima-facie evidence all of the bur den of proof as to their illegality would rest upon Campbell, instead of Hunt having to prove that they were proper, and that this would be equiv alent to compelling defendant to lprove his innocence. During the dis
 cussion Senator Ives complained that the cost of the proof would be expen sive to his client, apparently forget
 ting for the time that Hunt had only
 given Campbell over night to arrange
 for contest in every precinct in the
 state, involving an enormous expense.
 During the argument MT. Struck
 meyer claimed the presumption wal
 that the election boards, who were of ficials of the state, had been homes
 and competent to which Judge ;Sloar
 replied that it was also to be presum
 ed that their count giving Campbell ;