Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-11-29
35 VOTES PIVOT
Of C0UNTYSEAT
FEUD IN JUDITH
Contest Resumed With
Stanford lmpeaching
Hobson's s Absentees.
Defense Is Expected to
Finish This Morning
and Two Days to End.
Special to The Tribune.


Stanford, Nov. 28.-The county seat
trial, in which Hobson is seeking to
wrest the capital of Judith Basin
county from Stanford, which has been
going on here for the past two weeks,
was resumed Monday morning after a
recess taken last Tuesday evening to
allow the judge, attorneys and wit
nesses to spend Thanksgiving at home.
Last Tuesday morning the defendant
started to present it's side of the case
and had made rapid progress up to the
time OF the recess and ut that time
had succeeded in proving seven nom
resident votes cast for Hobson and had
presented testimony relative to rs
other alleged illegal votes cast in the
Hobson precinct.
The days work virtually wound up
the defense side of the case, and it is
expected that an hour and half Tues
but the rebuttal, which is said will
consume about two days time. The net
result of the defendants side of the
case shows testiomny offered to i'm
peach 35 alleged illegal votes cast for
Hobson, and the remaining testimony
to be offered by the defendant will
pertain to Strengthening the testimony
already given regarding these 30 votes.
No Final Rulings
However, the court has not made a
final ruling regarding the West Garneill
precinct, the absent voters ballots OF
the alleged non residents. The court
has merely permitted testimony to be
offered under pro forma" rulings and
has reserved his final rulings until after
all testimony has been presented. In
view of the stated intention of the court
to permit any and all proper testimony
to be recorded in the minutes for what
it is worth, and in the absence of final
rulings, the outcome of the case on
Monday night, after nine days of trial,
is still in as much doubt as it was on
the opening day of the trial.
Account for Stanford Votes
Monday morning the first witness
house, who testified that he was a
registered elector in the Hobson
precinct. and that he cast his vote for
Stanford. His testimony with that Of
Patrick Nihill, S. C. Ford and Mr..
and Mrs. Kemp James, accounted for
all five of Stanford's votes in the
Hobson precinct, and was introduced
by the defendant to show that all
other votes were cast for HobsOn.
Continuing with testimony started
last Tuesday, w. D. Surface of Mecca
sin was questioned regarding Is al
legged nonresident voters who cast bal
lots ut the Hobson precinct, and whose
votes it is expected to be shown were
cast for Hobson. Regarding these Is
voters, Mr.. Surface testified that he
was well acquainted with them at the
time they were residents of that sec
ton, but he had not known of them
being in or around Hobson for period
ranging from two to four years. Some
Of them were formerly in business at
Hobson, others operated ranches in
that vicinity and still others were mere
" laborers or occasional visitors there
Mr. Surface had no personal knowl-
edge of where they went or of their
present whereabouts.
The testimony of Mr.. Surface, to-
gether with that given last Tuesday by
Patrick Nihill and S. c. Ford, has re-
suited to date in the defendant attack
ing 35 alleged illegal votes cast for
Hobson, and are to offset eight of sim
liar nature alleged to be cast for Stan
ford and attacked by the plaintiff.
Not In Judith Basin
James A. Furnish of Buffalo, in Fer
gus county, was called regarding his
own VOLc. Ilc IcSllIiSu LudI uc LnoNCu
from q ranch he had rented in the
West Buffalo precinct to the town of
Buffalo, the 1st of April, 1920. and had
since maintained home and household
in the town of Buffalo and had not
resided in the territory in Judith Ba-
sin county since that time. He testi-
fled that he voted on the county seat
question, but when asked for which of
the towns, Hobson or Stanford, he
voted, he refused to do SO until ordered
by the court, when he stated he voted
for Hobson. He also testified that his
wife had stated to him that she would
vote for Hobson and that she cast a
ballot at the election in question.
Robert G. Pugh. one of the judges of
election Of the West Buffalo precinct,
testified that he had been resident Of
the ranch he now occupies for 13 years.
Taking the precinct register. he was
asked to identify the line where Mr..
Furnish's name appeared, and testified
that his name entered by typewriter
had been marked out with red lines and
that beneath appeared the name of
James A. Furnish in pen and ink.
Asked as to why this name appeared
in pen and ink, Mr.. Pugh testified that
he did not know. He also testified that
an affidavit Of no-residence had been
subscribed by him and one of the other
Judges to the effect that James A. Fur
nish andry his wife were not resident
voters Of the precinct, and that the af-
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