The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-10-07

vas 10 IN this precinct
Crago Called by state
Following the hearing Of persons i"s-
tifyIrG they voted for G.iltgan. ih"rH
WAS recess for five minutes. 'liy
Mlrae"r Fl. &. traCn WAS then called
10 the witness stand 10y tn" stat. IT,
Was asked concerning the C"ndiudp *
taC ballots from precinct No. Of tn
Second ward from the time hr FIRST saw
them. He told ~ the ballots. taliH
sheets. poll books and certificates being
in his custody from the tiMc they were
returned until h" went out -: "tr'" a.
city clerk to city manager Il" said they
were kept In the vault in rs "th'".
II" was questioned by Attorney john y.
Cnn!f as 10 his rXanl;n!nS the ballots
during the recount and II h" saw haI-
lot marked as described Ivy MI butts
He said he did not. lie was asked II
he xlw the names OF the C.cr%S on c1"h
ballot. and replied lie had. lic VAS
then asked II there was any difference
In the total vote for Gilligan and
Thompson as shown In the tally sheet
and on the certificate lie said hc did
not look at that. lie said there were
5Sl names on the pol; book.
On being questioned by Attorney !. NJ.
Ritz. Mr.. Craeo said. examining the pol!
book before him. the POLL book shows
ISL voted but the tally sheet shows th2t
! ere were 5S2 votes cast for the two
candidates. He then stated looking
over the tally sheet. Ehat In some IN
stances there were AZ hiGh ISI votes
cast between two candidates. and only
5Sl marked on the tally sheet as voting.
l.. /. Eightcngale. assistant circuit
court clerk. Identified tho roll books
and tally sheets of precinct No. . Cc
the Second ward that were turned over
TO him by order Of the court following
q suggestion made by the grand jurors.
On cross-exam!nation by Attorney Ritz.
ne said they were first brought into
court by City Clerk Lane and thar they
were shown to the grand jurors several
times.
Baehmann state witness
Prosecuting Attorney Carl G. Bach
mann was called on the stand by tho
state. He told OF the tally sheets and
poll books being shown. 10 the grand
jurors and to members OF council during
the council Investigation and said that
they were in the same condition now as
before. He said but two members OF tn"
grand jury examined the ballots and
that City Clerk Lane was present at the
time.
crago ON Stand
City Manager Crago was again called
to tho stand by the state. lie said that
after a thorough search he was unable
10 find the certificates OF election re-
turned by the election commissioners.
lie said this certificate was turned over
to him on election night and that lie
| tiled It away with TIE others.
When questioned by Attorney J. e.
Handlan II he was not presum!ng that
the election commissioners signed the
certificates he said he was not posi-
tive. but that he had no occasion to look
carefully as ho was watching the to;al
number OF figures.
| City Clerk lane was recalled and told
! OF the certificates being IN his posses
s,.on since ne took office. He said he
, had never seen the certificates. He also
said that in going over tho ballots he
could not flnd any marked rs Mr.. Butts
described.
Morning session
| Prosecutor Rachmann made the pro-
| UecutInns opening statement. beginning
at 9:35 a. m.
May It please the court" he began
tho indictments on trial here charge
that Burley Thompson did ualawiulli'
aid. assist. counsel and advise Charles
Belleville to make a false return OF the
vote cast for G. !. G!lllgau In tho third
precinct OF the Second ward. We cN-
pect to prove that Thompson did CON-
! nit this act. and that Charles Bellerinr.
! the poll clerk in question. was sent for
! by Thompson prior 70 the election AMI
| that ut that time hurley had zoo hal
lots In his possession. knowing that
Bellev!lle was q pol! clerk. Thompson
had HIN sign them. He then told Belle
! Vile that they were TO DO put into the
ballot box.
! AT III. on the night OF the election.
! Thompson appeared a. the polls. Thore
were three commissioners and two
! clerks there. Bessmer Nail and Belle
willie, tho clerks. took tho ballot box
upstairs. The defendant was there.
Mrssrs. Watkins. Witzberger and Nor
| ten. the commissioners. were then sent
for their sunpers, leaving Nall and
Relleville alone with Thompson and
! the box. Then Thompson produced the
ballots signed by Nall and Bellevi;le.
Nall threw out the good ballots and re-
placed them by the ballots produced by
| Thompson. The ballots thrown away
were put In u sack. taken away by
Thompson and. presumably. destroyed.
a peculiar thing occurred ther3
which substantiates the story. There
was a vote cast at that precinct which,
| for tho Second ward candidates. was
marked No choice William l.. Buttt
cast that vote. Nearly all OF those al
legged Illegal ballots arc marked IN tho
same way and by the same hand.
Last Coming In
That precinct was The last 10 no re-
4, ported. II was almost eight o'clock
when 1t was returned. At flve o'clock on
the morning OF May 27th Mr. Homer
Crago. then city clerk. and City Solicitor
! Jos O'Brien went there - determine the
trouble. The former WAS there until
eight.
AT tho primaries with four or i've
candidates m the fleld against him. Mr..
! Gilligan polled 200 Or more votes. At
the general election two weeks later
with only one candidate against him he
received only 12S votes. In two weeks.
then he lost more than so votes. and
had only one oppHncn. Instead Of hNr.
! There were 5Sl votes cast at that
! precinct. We will produce In evidence.
in this court room ZOO witnesses who
will state that they voted fnr GilliEan.
IF We show these things. Gentlemen
OF the jury then We shall ask a convic-
ton from you"
Ritz Replies
Attorney Ritz then replied. His first
words were from tho statute, section :
Of the election law. which sets forth
! that conviction In tho Thompson case
would necessarily he followed by n five
year term in jail fer tho defendant.
! Then he hecan:
''Ot course you'll DO given this indict-
ment TO read. and you'll sce what 1t al
leRes. 1t charges him with aiding and
advising, when somebody else actual V
made tho return. 1t says. In crec: that
THOMPSON caused Belleyille to cause an
other person to make a false return.
You will remember that you are sit