The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1921-04-22

ers very close to the influences behind
the defense says that the democrats
got hold of the disputed ballots in
the Depot precinct and marked up
enough of them for Viel although
carrying the straight mark for the
entire republican ticket to change the
result in the way it has been changed
to show q majority for him.
Witness Expl0des Bomb
Bert Aacnab was called to the
stand Tuesday afternoon to give tes-
timony after Mrs. Marion Mulkey
had been again recalled Mrs. Null
key testified that she had conver-
sation with Mr.. Macnab in December
touching the alleged Irregularities in
the election when she told him there
were q number of votes, the same
number that she had spoken To others
OF, that had been improperly counted
for Summers. She said further in
reply to direct question that she had
been called upon one evening after
this hearing began by H. H. Boomer
and Percy Anderson. She said 1t was
II social call and they "joked about
the case in hand" Jitige Quarles did
not press this inquiry further. Then
he called Mr.. Macnab to the stand.
Witness said he was at the Mulkey
home on business with Mr.. Muikey
some weeks after the election when
the subject of the irregularities came
up as the principal topic of conversa-
ton. There were present at the time
Mrs. Mulkey's mother and father and
hns 4 L
that six or eight ballots were marked
as straight republican votes but hav-
ing cross in the democratic column
opposite the name of Viel. These she
said had been counted for Summers.
The apparent impeachment of Mrs.
Mulkey drew forth an effort on the
part of Senator Whitcomb To destroy
its effect but without success. Then
the senator asked Macnab sif he had
supported Viel in the election, seek
ing to discredit testimony. The reply
obtained was that Macnab had been
drawn TO support Viei from the un-
warranted attacks made upon him in
the campaign and not for any partic-
uaf liking he had for him before. In
feet, as he stated, he was before the
attacks rather inclined TO support
Viets opponent, for whom he express
cd decided liking.
After these witnesses left the
stand Senator Whitcomb stated that
he had a motion to the effect that the
ballots cast in Depot precinct be ex-
cluded FROM consideration and said
/ that he wished to argue this motion
at the time of making further observ-
ations touching the case. Judge
Adair stated that ne would later ap-
point the time of the argument. And
so the end Is not yet.
At the temperance of Mrs. Null
key to testify there was anxiety
written in the face Of II. II. Boomer
who, to the neglect of all other busi-
ness engagements, has been in regu-
lar attendance of the court sessions
whenever anything touching the cleo
ton contest was likely TO come up.
He closely listened to what all the
witnesses said, being specially inter-
ested in the questions concerning his
own visit and that Of Anderson to the
Muskey home. Mr.. Boomer was seen
to lean forward when Bert Macnab
was called and impeached the testi-
mony of Mrs. Mulkey.
Aside from the revelations in the
Depot precinct, where a recount of
the ballots showed gain of 26 votes
for Vel and for Summers loss of 2s,
there were ~ other evidences before
the court Of ne miscount as alleged.
There are said TO be persons in mum
bers who are quoted as saying that
the junction recount, If it could be
made, would tale unfold more
shameful and fraudulent than the
Depot offering in that line. The
same condition is said 10 have exist
ed At Baker in the election but that
was not ascertained until too late TO
include that precinct in the complaint.
The Final Hearing.
Judge Adair set apart the after
noon Of Wednesday for hearing ar
guments, which included a motion of
Senator Whitcomb to exclude Depot
ballots from the evidence before the
court. To do this would of course
amount TO decision for the defense
and the court deferred a ruling on
that motion TO be included in the ar
gument. Judge Quarles made an ex-
haustive presentation of authorities
in the law to support the contention
of the plaintiff, with a row Of books
stretching across the table from
which he read. He traced the case
ip hand step by step and compared II
to others by which the courts have
pointed the way this matter should be
decided. In charity he contended that
mistakes have been made To reverse
the decision of the voters and he
showed just how il all happened when
the election officers themselves had
told numerous people soon after the
result in Depot precinct was aseer-
tanned that at least six or. eight
straight republican ballots, with
cross at the top but with cross also
opposite Wells name, had been erro-
neously counted for Summers. He
said in the space of a few minutes
toward the end OF the counting from
four to six ballots of that sort had
come under inspection and one Of
them was actually being put into the
box a. counted when it was recalled