The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-10-08


since the courts ruling Thursday wight.
Attorneys j. Esrnard ltard'an and
James NJ. Rita representing the defend
ant. presumably thought some person was
talking TO the witnesses and informing
them that they need not tell VIII" they
voted for. This was brought about fol-
lowing the testimony OF W. E. Sullivan.
his wife and daughter. All three said
they preferred not TO say whom they
voted for
Overheard Conversation
Attorney iardlan in questioning the
witness. Miss Frances Sullivan. asked
her IL she had been talking to any per-
son about her testifying. She denied
having done so. Where did YOU hear
that you were not compelled to tell who
you voted for?" asked Attorney Hand
Ian. She said she could not recall who
II was but said It was In the hallway
What sort OF looking fellow was he?'
WAS he short and stout:" Did he have
some papers IN his hands, Did he have
on a dark suit?" Did he have glasses
on" To all OF the questions the wit
ness said she did not remember. rs the
man in the court room now" asked At
torney Handlan. Laughing. Miss Sulli-
van pointed out Assistant Prosecuting
Attorney Clinton r. Campbell. She then
said that Mr.. Campbell had not told her
this but she overheard him telling an
other person.
On request Of Prosecuting Attorney
Carl e.. Bachmann and special counsel
for the state.Attorney John J. Conin'
Mr.. Campbell was allowed to take the
witness stand. Mr. Bachmann said he
wanted 10 clear the situation. On being
questioned by the defense attorneys the
witness said he was asked by man VINO
was in business who said that many or
his customers were friends OF both Gill
ligan and Thompson and that he did not
care to mako public who he voted for.
he asked advice from him. He said he
told the man that 1t was not compulsory
TO tell whom he voted for.
Amusing Incidents
OF the witnesses called TO testify who
they voted for In the Second ward.
number caused Judge Alan Robinson to
rap for order.
James Bishop. on being questioned by
Attorney Ritz. said he believed he had
only voted for two men. He said he
was not sure which two Of the eleven II
was but thought ono was Gilligan. He
said he did not intend voting until
nelghbor asked him to vote for two
frienda
Samuel Dorsey did not want 70 tell
whom he voted for. Harry F. Prather
was examined lengthy by Attorney Ritz
but could not be confused. He was FIN
ally given q ballot and asked to call out
the names Of those he voted for after
no said he could have voted for ~ II he
wanted to but only voted for certain
ones and felt sure they were all In
different wards. He said he voted for
NNiEnnkAV
Metzner, Vance. McGregor. Solte. Hilton
and Beans He was excused following
this.
Louis Bauer said he voted q secret
ballot and did not caro- to tell who he
voted for. Richard A. walters asked
tho court X he had to tell. Peter
Jachum said he did not remember whom
he voted for In his ward.
HorntnE Session
Tho first witness called was Henry
Rau. who. after answering tho fixed
questions put to him by Assistant
Prosecutor Austin Wood. was taken
by Attorney J. B. Handlan for tho
defense and given q stit cross-examin-
alton. Tho defense attorney asked sew
eral questions a 5 to the events preceding
the coming OF tho witness to testify at
councils investigation.
Were YOU" he asked. approached by
any person. prior to the opening OF the
council probe and after the city cleo
ton who asked you how you voted
NO" was tho answer.
We'll then, how does Il como that
Your name was on the petition signed
BY those who had voted for Gilligan"
MIR. Charles Miller came to see me-
and stated that he was the bearer OF
petition being signed by many OF the
! people who had voted for GilliGan. Then
! he asked II cared 10 sign. I did. and
was later called to testify that l mad
voted for Mr.. Gilligan."
Then came other questions regarding
the way the witness had voted. After
! he had stated that he voted for candi-
dates In only six wards. not being In
terested in the others. the defense az,
torney asked him how ne had marked
his ballot to vote for Gilligan.
II put 1T Y In the square before his
name" replied Rau.
| Examine Ballots.
After these witnesses had been
called. the state found itself without
further evidence TO present until moro
people had been called. The time was
| occupied by All examination OF the bal
lots by the jurors. The 5Sl ballots
| cast were spread out on the long "a BILE
and the jurors grouped around II spent
an hour and half examining them. one
by ono
Attorney John J. Conitr. who IS aiding
the state in tho prosecution. had started
tho ballots around the table 30 that
every Juror would sec each ono. Then
/ Prosecutor Bachmann picked up one OF
tho packages Of ballots and began q
clash BY a statement held by the defense
to he Objectionable.
II wish 10 call to your attention.
gentlemen" he began. that there arc
many Of these ballots which are dis
tinguished by markings which are very
similar"
Taking ono Of tho ballots he pointed
out tho (X) before the candidates
names.
You will find many ballots all bear.
ing this strangely characteristic check
mark" no continued. and l want you
TO notice that II Is invariably In the
lower corner OF tho square and Is dis
tinguishable by a long tail extending
outside OF tho square. Then want you
to notice that there Is absolutely no
variation from tho fixed slate in the
candidates voted for"
1Andlan interrupt.
Here Attorney J. Il. Handlan for the
defense interrupted the prosecutor.
I'D like TO object to this line OF com.
ment. Your Honor" he said. THE
prosecuting attorney should be willing
TO leave this discussion TO tho jury. In
the first place. II he wants TO get this
matter before Thorn he should do so by
a witness and even that would be i'm
proper because the ballots speak FOL
themselves. There Is no need for thu
state to point out these circumstances
II they are as slaring as counsel would
have us believe"
Attorney Coniff replied TO Handlar