Arizona republican., 1917-02-21
NEW PHASE IS
DEVELOPED IN
TRIAL HEARING

The Hunt Campbell proceedings in
the superior court were considerably
enlivened yesterday through the effort
| of Hunts attorneys to transfer the bur-
den of proof of the validity of the bal
| lots from plaintiff, Mr.. Hunt. to defen-
! dant. Governor Campbell.
IN the midst of the count of Wenden
| precinct, Yuma Count. Senator Ives
! interrupted the proceedings by placing
Mr.. 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 eoun
ty Judge Sloan and f. 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 furnished
as to the integrity of the ballots upon
the completion of the count in precincts
| in which, Hunt had gained. JUDGE Sloan
| pointed. oout that this departure from
the customary procedure had been to
Hunts benefit and that his attorneys
should not depart from this plan 10
the detriment of Governor Campbell's
side of the case without giving least
a few hours rotice of their intention.
The court held with Judge Sloan ana
granted him until II o'clock to prepare
for the examination of the witness.
| Dissatisfied with the courts ruling
! Senator 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 II
O'Clock the examination of Mr.. Stand
I age by Senator Ives began. He testi-
! fled TO having received the IS ballot
packages from the different precincts
| in Maricopa County and transferring
them as soon as they were all received
to the county treasurer George Nc
| Donald, unopened and unatered
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 a
ballot had been through the ballot box.
| Mr.. Standage testified that he had re-
ceived the ballots through many differ
]
mail. Wells Fargo Express. stage driv-
ers and individuals whom he did not
know and that in all cases he gave a
receipt for them where the person de-
| livering the ballots would wait for it,
The answers Of witness not always
being to Senator Ives liking his ques
tions became somewhat severe. where
upon Mr.. Eullard objected that he was
! ross examining his own witness, which
objection was sustained by the court.
Mr. Standage testified. in answer &c
a question by jude Sloan. that upon
receipt Of court order to produce
poll books and other election papers
held in his office ne had found III adj
! dttonai ballots aside from those
Counted III the preliminary court in
spection among these Doll books. These
| books and ballots he had turned over
to the clerk of the court, taing his re-
celpt Tor the same.
In the afternoon. former County
Treasur George Mcdonald testified
that he had received the bags Of bal.
lots from the clerk Of the board OF
supervisors and that the same remained
intact while IN his possession unit
turned over TO the clerk Of the court foi
! the preliminary flspectiops
!. -lsI,tsn .tile-.completio of this testi-
mony Senator Ives attempted to place
in evidence all Of the original Maricopa
county ballots. claiming that their va.
/ Hdity had been established. Judge
FSloan objected. stating there was NJ
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
il was pointed out by counsel for Gov
ernor Campbell that il the ballots
themselves We're to be considered a:
prima- facie evidence all of the hurder
OF proof as to their llegalitN would
rest upon Campbell. instead Of Hun
fhaving to prove that they were proper
and that this would be equivalent e
compelling a defendant to prove his in
nocence instead Of the state proving hi
guilt During the discussion Senator
Ives complained that the cost Of thu
proof would be extensive to his client
apparently forgetting for the time tina
Hunt had only given Campbell owe
night to arrange for a contest in ever'
precinct in the state, involving al
| enormous expense.
During the argument Mr.. Struck
never claimed the presumption wa
that the election boards. who were af
fi"ials Of tho state bad boon hones