The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-11-16
FORGOT HE WAS SWORN
BEFORE COUNCIL HEARING

stand by the state. Mr.. H"tIF!lI'H IeS
,.mony did not have i chance I" "eNt'"p
further than the customary Ines OK
Identification and his aCqua!n'a"''S.,'P
With the defendant, Mr.. ol'r!eh' "e
I.r.nse raised "a question az to the
, :rreIevancy uf his testimony ana l" ''H
character. and WAS upheld by JuHse
pnhinson. Mr.. Bellvius was excused.
NJ. paws was then called |" me
stand After his testimony was h'ard.
,He iuJSe announced that on account or
throa; trouble O: Prosecuting Attorney
Bach marn. the trial would he adI"urhed
until this morning at $50.
Counsel tor ;hr state as well rs c"uh-
sri FOR the defense telt sure last h'sh'
,h,; the trial wuuid be In he hands
u: ;he jury early THIS afternoon
only Possible Chance
.rh.. state. in ine case 81 former city
Soi.,i,nr J. J. +. rlir'"H' wa" -
,.n,rs,L With hc,ptus L Teri"trate
alleged fraud IN tho c!ty election "e'"
May II. as ;hr last witness I""N''"
afternoon. offered the testimony OF
Edward Cotrulan. commissioner VI
election NJ The 'hsmI"a! engine mousse
precinct.
, ,'ufrman. in br.cc testified that h"
was ouc Of the precinct only from -
noon 70 1880 O'Clock OF election DAY
when ne wen, 10 lunch. and Tor p"r'""
OF from thirty to. tortH-hNe minute"
after the polls closed at ~ . c'oth'
! burning ballots in the alley III the rear
. Of the Chemical engine house.
. CnCfman's direct testimony. II was
Gathered from the questioning 90 tros'-
cutting Attorney ca. q. Rathmann' WAS
dcsirned to show that there could nave
hcen no switching CT ballots At that
precinct which Is prccInc; Nc. o.
! me Second ward. other than the periou
! Immediately following the C.oSAS o.
: the polls when Clarence peterson. u
D. uegro challenger for Charles L. N''''-
gan, was absent for period hNeu ny
, C,ofrmao AZ close T. an hour. Tho state
; charses tha; Mr.. ORricn illegally M
duceI Peterson 10 leave the p"n'nS
place. on the pretcXt tina; Prosecuting
Attorney Carl q. Bachmann wanted TO
see him. hu, Mr. Cotrman testified eh''
he J;d not know who Peterson went
away with ANY testimony on his lrIr'
In that respect. Co!tman said' ~ouia DC
conversation Of other parties wh''A I"e
court excluded.
zsu Kent In Charge
Coffman testified ina; L"'. Kent WAS
in charge OF the election al the Ehem-
lea! engine house. and directed the con
duct of the election there. He tcst-
take out the paraphernal:a when the
polls opened in the morning. and that
Kent kept both keys. Offering one OF IN"
KEYS TO Will Davis after tn" poAs
closed Corman said that II took MIN
from a half 10 three quarters OF an hoNF
TO burn the ballots which ne was
directed to do BY Ze!l Kent. another
commissioner.
At no time. Cottman said. other than
while he was At lunch at the noon nour
or while he was burning ballots couio
there have been any substitution OF oa''
lots in that precinct.
Conman testified that certUnrate
! OF the vote returned In the precin''
was made up from the tally Kept pE
Se,by Jones and Harry poniey' the POI!
clerks. one OF these "cr'lhca;eS p"Ste'
in front OF the precinct and the other
returned TO the city clcrh.
Conforming 10 a ruling earlier IN tne
lay. Judge Alan II. Robinson did no.
permit Coffman TO identify the ballots
returned from the Chemical engine
house precinct
The state late yesterday offered me
Testimony OF city Clerk Howard {
I4ane TO show that In the city primary
Charles p. GilliEan received % votes
and , hester G. Thompson @9O votes IN
the Second ward for council and tha'
the ward total IN the Second ward a,
the general election gave G!!iiSan 81
votes and Thompson l2l2.
The c!,y cork could not account; t"'
the loss OF the certificates from thi'
precinct.
He Identified the POI! books and tall!
sheets from the precinct which wer'
offered IN evidence over the dcrens'
, objection
crago identifies Books
, City Manager Homer &. CraEo. WIZ
was city clerk 1T the time of the cleo
ton identified the poll books and tall!
sheets returned from the Chemical en-
g!ne house precinct. He was not POSI-
eve tha: q certificate had been returned
from this precinct. saying that in tw'
or three instances. precinct certificate
we're not returned and ne had to secure
tho vote from the tally sheets. RI
could not account, for the loss Of tn
, certificate from this precinct. II sucl
a certificate had been returned.
on cross examination, the detens
. attempted To show that Mr.. Crago hat
certified the election return TO counc'
from the vote as amended by recount
but on redirect examination the stat
established that this was not the case
voters =estify
, One hundred and twenty-seven voter
were called yesterday to testify hoy
, they voted. OF this number. Is sal
: they voted FOR Thompson In the Chem
!cal enK!r" house precinct. and on
voted only for Thomas F. Thoner 70
council at large. The others, III II
: number. said they voted for Gsllignr
1 The tally sheets admitted In evidence
showed only 50 votes counted for Gill
gan.
The O'Brien defense scored 81
6 point late yesterday afternoon whe'
, the state barred from exhibit IN IN
/. trial the ballots cast In the Cherica
: engine house precinct. Arguments O
: this point consumed nearly two hour:
q The court overruled tho defense consen
I ton against the testimony Of voters a
a TO how they voted
, Opening arguments were submttte
! b. state and defense counsel when IN
jury was brought back 20 court yester
day morning. and the examination o
witnesses started Immediately.
Tho state accused Mr.. O'Brien Of lille
= gslly taking Clarence Peterson. tn
GilliGan challenger. out Of tho precinc
. for q sufficient length OF time after ~
polls closed 70 permit ballots to b
switched. and In reply the de!ens
alleged that Mr.. O'Rr!en only accom-
panied Mr.. Peterson on a visit TO tn
. prosecuting attorney to inform IN
{ county osncial that an Illegal a:tomI
, had been made by man TO vote VIII
c opposed tho ticket which Mr.. O'Rr:e
, v.pS a1Ieged 70 haye haen suonortinR