The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-04-15

Kian?" Neal was asked by Attorney
Reynolds.
NO slr." Neal replied.
Neal said that at the llmo Of the
recount. 100 ballots were found IN
precinct J5 aud 81 IN precinct 20.
The. Illegal ballots IN the latter pre-
oinct we're not placed In the ballot
box. Neal said, but were given In
person by Rev. S. J. Allen, who was
an official in that precinct, on the
evening that J.. J.. Doblo and j. -.
Bodkins, counter and inspector, re-
spcCtlypiy were arrested on a charge
~ stuff,ng the ballot box In that
precinct.
Asked II he knew of his own
knowledge where Reverend Allen
had gotten the ballots Neal replied
that he dld not. on motion Of the
defense counsel the testimony on
this precinct was ordered stricken
from the records because OF II being
merely hearsay.
Tho state then announced that It
rested.
Attorney Reynolds. for the de-
fcuse. arose aud offered demurrer
10 the evidence in the case. on the
ground that there was no evidence
before the court that Downing was
in any way connected with the al
loEcd conspiracy, except BY the testl-
mony OF Obcrst who. Reynolds
pointed out, was awaiting trial on a
similar charge In that court. In bit
ter terms Reynolds sCathingly de-
nuuucod Oborst for tho latter's con-
fossion which implicated Downing
in the alleged conspiracy
There is nothing 50 conte mptlble
as a snitCh." Reynolds said, 'onc
trrIH - o.
and then turn states evidence on
his friends The law has recognized
th,8 fact and has held that cOnvic-
tlun cannot be had on the uncor-
roboratcd testimony of an accom-
pllCo."
Justice Thompson then overruled
the demurrer.
Ballots Printed nt Sapulpa.
Most OF tho morning session was
taken up with the testimony OF
Dennis Flynn, owner OF tho printing
shop In Sapulpa, In which the Illegal
ballots were printed, and G.. II. Ross,
his foreman.
Flynn testified that two men came
10 his printing office on the after
noon of March 90 and made a con-
/ tract with him to print them some
/ educational ballots. They told him.
] 2
/ them by midnight that night. lie
/ said he could Identity tho men II he
saw them again. He said Downing
. was not one OF them.
FLYNN said he asked them why
/ they didn't have the work dong IN
/ Tulsa shops and they told him that
\ they wanted the work done In a
union shop, and there were no union
| shops here. Tho two men were
| turned over 20 his foreman, he said
/ and all details were arranged with
/ the latter.
Ross was then called to tho stand
/ by the state. lie said that the twc
men, whose names he never learned
gave him sample ballot, and told
him they wanted an cNnct copy OF
the ballot lie said he told them hC
had no paper OF that quality oi
color and also that he did not hav,
all tho styles Of type used In the
/ ballot.
The two proposed TO bring him Il
Tulsa and buy somo Of the paper
lie said they did so and went around
to several OF the printing shops here
but were unable 90 duplicate the
ballot paper. They finally decided
10 purchase two reams of paper from
the Burkhart Printing company. III
South Cincinnati avenue. which al
though not of the same shade as the
sample was the nearest approach tC
81. Ross stated that there wal
enough paper In the two reams I,
print 1000 ballots.
lie testified that the type was SO
up in tho Quality printing shop II
Sapulpa and tho ballots run Off oi
the prNsses In Flynn's printing shop
Tho two men called for the com
plcted ballots about midnight tha
night and paid him $40 for doinl
the work.
Howard Prosdale, clerk at tn,
Burkhart Printing company. tool
the stand few minutes before cour
gdjourned for lunch, and testified
that he sold the two reams to Ros
on March 90. He said tall-lik,
man was with Ross, at that time.