Arizona republican., 1917-03-27
COURT WILL RULE UPON SNOWFLAKE
 PRECINCT TODAY
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 failure to prove that irregularities had been committed there and that | the order that after the testimony of the contestee had been put in the court had not believed that such ir-
 regularities had been committed as warranted the exclusion of the pre- circt.
 The court replied that it was the evidence in rebuttal that had con- vinced him of the irregularities. That evidence, the court said, was ridicu- | lots. He did not believe that it had been entertained by anyone in the l court room.
 MT. Ives complained that the court had permitted the contestants side to commit suicide by requiring the 1 introduction of evidence in rebuttat after he was convinced of the weak
 ness of the case of the contestee. i The court replied that his words had l been misunderstood and that a mean
 ing had net beer given to them that
 had not been intended to be con
 veyed He added that there were
 other methods employed at Douglas
 which must have been considered
 gross misconduct.
 At this point MT. Struckmeyer, of
 counsel for tfe contestant in behalf of the court, suggested that the ques- i tiOn of the Sufficiency of the evil dence ot the contestee had not been | raised.
 MT Ives then resumed his remarks on the affidavit which he said was ; not yet completed as it was desired
 to include in it statements in regard
 to other precincts, among them Mesa
 No. ?, where the polls were kept open
 for thirty minutes after the time for
 closing and that within that time sev-
 eral Campbell voters came and cast
 their ballots. Another precinct men,
 toned by MT. Ives where it was desired
 that misconduct should be alleged, was
 Fredonia.
 Said Judge Sloan: T think that the
 statement of counsel should not go un
 challenged. It is found on a miscon-
 ception of your honor's ruling as to
 Douglas Precinct No 1. This is the
 situation Counsel seeks to his com
 plaint only because the Douglas pre-
 cinct was eliminated. Every act in
 connection with Snowflake precinct
 must have been known to counsel from
 the beginning. If he believed that
 there was fraud there it is most re-
 markable that it was not incorporated
 in the original pleadings. There is no
 analogy between the two precincts.
 There was no corruption at Snowflake.
 It is not contended that the will of
 any voter was thwarted. In the be-
 ginning we specifically called for an
 investigation of Douglas Precinct No.
 l. The contestant now, at this late
 day is endeavoring to amend his con- plaint. If he is allowed to do So, we ; have many cases in which we could bring in allegations so that the contest would be prolonged into early autumn. We have before us now only an ex parte statement of conditions at } Snowflake. It is as strong as the conscience of counsel could make it. We do not ask it. but if your honor is disposed to grant the motion we should like time to bring in counter l affidavits.'' The court then stated that
 this matter would go over until this } morning.
 The 73 Ballots.
 Judge Sloan also said he would press l his motion to strike out the 73 ballots in precincts where the number of bal I lots counted had exceeded the number I of ballots cast as shown by the poll < lists. He desired an early ruling. MT r Ives replied that the contestant would not put in rebuttal on that point until
 the case of the contestee had beer : closed I'm tired of putting in evi- ] dence in rebuttal,' added MT. Ives I doubtless having in mind the severa : days of last week spent in that form S of indoor sports
 A Globe Precinct.
 f Judge Sloan announced that another . branch of the case would be taken LII f in order that a witness who had beer e detained for many days might be ex- n cused. The matter consisted of foul o ballots in Globe Precinct which hat - been rejected by the election board be . cause cross had been placed in the = square over the republican ticket ant = crosses had then been made in tho : squares after the names of several O. e the democratic candidates
 F. J. Lunn of Globe, inspector il : that precinct, was called to the stand Q There was some trouble in finding
 the four ballots. It was stated tha
 inasmuch as they had not been count f ed they had gone into the junk pile, n where anybody might have had acces! Q to them. The ballots were found be : fore the afternoon session. MT. Lunr f recognized them from his recollection r of them and also because of his sig nature and those of the other mem a bers of the board that had been pu II on them at the time of their reJec T. ton. It was also shown by the pol Q list that the count was four less thar
 the number of votes cast. On eros: n examination MT. Lunn said that ht n was a democrat, but that he had beer d supporter of Governor Campbell. Int = attorneys for the contestee moved tha under previous rulings by the cour = on ballots of this character, these b'
 counted for Campbell. The motior |, was taken under advisement. , All these matters having been tenn = porarily disposed of, the recounting O
 the ballots interrupted nearly two e weeks ago by the investigation of th' :. Douglas precinct was resumed. Two a precincts were gone over. One of then T in Globe disclosed neither gain nor los! f for either of the candidates. In Roose = welt precinct. Campbell made gail T of one.