Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-02-21
AUSTIN JURY

surrendered his copy to his chief.
Fritz Russi, who stated Judge Nc
| Closkey and he wished to compare
them. When his tally sheet or
book was returned, Engelhardt tes-
tilted. 1t had been altered both by
the insertion or additional leaves.
the erasure and addition on tally
marks. and by a change in the ex-
tention of the addition of the vote
for McCloskey from 298 to 500.
E%ngelhardt was recalled as to-
| days first witneS for further cross
examination.
Commissioner on Stand
He admitted that he had testi-
fled before the congressional conf
mittee which investigated the elec-
ton that he had given the whole
business" tally book. poll list and
return, to RuSsi. although today
and yesterday he insisted he had
retained possession at all times OF
the return.
Before the congressional commit
tee Engelhardt was questioned by
MIR. Wurzbach, who has filed notice
Oh contest.
Today's second witness was Joe
! Newton, Bexar county commission
er, who identified copies OF the l4th
congressional district election re-
turns as canvassed by the commits
sionerS' court. lie was not cross
examined.
Says Pages Added
Mr. Wachter admitted under cross
examination that he could make a
mistake in identifying documents
and their manner Of manufacture.
but remained firm in his conclusion
that the subStitutionS he'd been
made.
The trial today attracted only a
handful OF spectators. fewer than
forty being present, a half dozen
OF them women.
They slipped into another
book without doubt" Wachter tes-
titled upon further croSS-eXamina-
ton concerning the alleged extra
sheets in the two tally books.
He admitted, however. that il
would have been possible for the
pin-point sized holes to have been
punched. in the sheets in question
both before and after the books
were made.
Eussi on Stand
FRITZ HuSSl, superintendent OF
buildings and grounds for the San
Antonio board OF education, was the
next witness.
He testified that on tho Thursday
night following the November 6
election. which came on Tuesday.
Judge McCl0skey came TO the RuSsi
hHYryn 0rA nE-nH 40 Dfrugr Inl -
influence owe Engelhardt.
Upon the defendants request.
RuSsi testified. he went TO Engel-
hardt's home and got the full re-
turns Engelhardt was holding as
precinct presiding officer.
The full envelope was taken back
and given TO McCloskey. who ac-
cording TO the testimony, wished
them FOR comparison. The envelope
was not opened and RusSi did not
know anything OF its contents nor
any possible alterations.
Denies Threat
Judge McClos6ey returned the
envelope to Russi nc next night.
Friday. RuSSi testit cd. and he in
turn passed them back to Engel-
hardt.
Russi admitted that he had up-
braided Engelhardt after the paint
or testified before the ~congreSsion-
al investigating committee for EFF
forts he made in trying to involve
me in some trouble" He denied
he swore at or threatened Engel-
hardt: o had he DISCHARGED him
although he had the right"
RuSsi testified he had known the
defendant congreSsman-clect for 25
or 30 years as an honest. truthful
and upright citizen" I.
Prosecutor In Machine
a Sldelight on the Bexar county
political Lineup when. upon redirect
examination Lamar Seeligson. dis
trlct attorney for Bexar and by viz
tue Of that Office head Of tho D
e"ution. asked wasn't Precinct No
20 regarded IS q machine precirct?@
Yes. SIR was the rhniv.
Dave Watson. chief Of the defense
and defeated II the primary b.
Seeligson. asked.
And isn't NJ. S~eeligson n mem
Der or the machine. and didn't he
run on tho sano machine ticket with
Judge McCl0T,-cv and wasn't he
elected on tho some machine ticket
with judge M~CCloSkev?"
Yes. sir" RuEsi rorlied.
r. J. Koenig. supervisor or watch
or Tor Congressman Wurzbach in
The twentieth precinct on election
ni"ht. testified that the record ~
made immediately after the votes
were counted showed McClos'ov
nm. Wnr7bach Isl. rather thar The
DISPUTED total OF 32s for McClo5-
kew.
The prosecutions effort "a intro
duce the BeXar county clerks re-
ord OF the official tabulatjon
brought on a protra ctcd and heat
ad argument. the defense st-enu-
ouSlv opposing the maneuvcr.
The huge book. laid first IN tho
laD 81 Jack r. Burke. the P-ya~
c1untv clerk. and then in that ~
= ". Titus. chief deputy u~aor
nlirkn. showed McCloskcy 2as
Nnrzh7rh 26l. with the aJdaI
verbal testimony that the finr,-os
nad been lined ont in ink and rr.-
ones inserted. Thu substitutes RI.
ures were not read.
IN an arellment tn the bench II
=. Brooks. the Travis county CA,rz-
t,n) district attorney. asserted mat
nc country clerks copv of tho re-
ulrnS never had been out nf
BurEes possession until they were
turned over to the Pexar COUNTY
n~rosetntor. for us in this trial and
mat they showed 2n2-26l. rather
than 322-2si. rs did tho panerS IF
-Iunce NrCl0er@v md preri,r+