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

Continued from page one.)
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-
titled. 1t had been altered both by
the insertion OF additional leaves,
the eraSure and addition on tally
marks. and by q change in the ex-
tention OF the addition OF the vote
for McCloskey from 298 TO 1923.
Engelhardt vas recalled rs to-
days first witness for further cross
examination.
Commissioner on Stand
He admitted that he had testi-
fled before the congressional COM
mittee which investigated the cleo
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 EngelharGt was questioned by
Mr. Wurzbach, who has filed notice
OF contest.
Todays second witness was Joe
Newton. BeX3r county commission
err. who identified copies OF the I4th
congressional district election re-
turns as carycsJed BY the commits
ssonerS court. Ee was not cross
examined.
Says Pages Added
Mr.. WachteT admitted under cross
examination that he could make q
mistake III Identifying documents
ana their manner or manufacture,
but remained firm in his conclusion
that the substituti0nS had been
made.
The trial today attracted only q
handful OF spectators. fewer than
forty being present, q half dozen
or them women.
They were slipped into another
book without dOUb,, Wachter tcE-
titled upon further croS5-czamina-
ton concerning the alleged extra
sheets in the two tally books.
He admitted. however. that 1t
would have been possible Tor the
pil-point sized holes to have been
punched il the sheets IN question
both before and after the books
were made.
Russi on Stand
Fritz Rllsl. superintendent Of
buildings ard grounds fof tile san
Antonio board OF education. was the
next witness.
He testified that Oh The Thursday
night following the November 6
election. which came on Tuesday.
judge McCloskey came 10 tho Russi
home ana asked IL Russi had any
Orrr Ernrlhn -lt
Upon the defendants request.
Russi testified, lie went TO Engel-
hardt5 homo and got tine full re-
turns Engclhardt was holding as
precinct presiding officer.
The full envelope was taken back
and given TO McCloSkev. who &C..
cording to the testimony. wished
them for comparison. The envelope
not opened and Russi did lot
know anything OF its contents nor
any possible alterations.
Denies Threat
Judge McCloskcy returned the
envelope 10 RusSi he next night.
Friday Eussi testified. and he IN
turn passed them back to Engel-
hardt.
RuSsi admitted that ne had W.
braided Engelhardt after the paint
testified before the c~Ongression-
FL Investigating committee for "ef-
forts he made IN trying to involve
In some trouble" Re denied
nc Srorc St or threatened Fngel-
harot: nor had he DISCHARGED him
although he "ha6 the rirht.n
Russi testified he had known the
oefencant CongrcSSman-elect for 25
or 30 years as an honest, truthful
and upright citizen"
Prosecutor in rIscfine
q Siuelight on tho Bcxar county
p1iitlct! lineup when. upon redirect
examination Lamar Seeligson. dis
trlct attorney for Bexar and by vir-
TIE of that office head Of the pros
ecution. asked wasn't Precinct No.
~ regarded as q machine precinct?"
yes, SIR was the reply.
Dave Watson. chief Of the defense
ana defeated in the primary BIZ
S~ecllgson. asked.
And isn't Mr.. Seelcson \ mer1-
pe- or the machine. and didn't h.
run on the same machine ticket with
Judge McCloskey and wasn't no
elected on tho same machine ticket
with Judge McCloskey?
yes. sir" Russi replied.
Z. J. Roenic. supervisor or watc,-
or for CONGRESSMAN Wurzbach IL
the twentieth precinct on election
nifllt, testified that the record he
made immediately after the yofe-
we're counted showed McClosEev
2gj. Wrrztach Pei. rather than the
key.
The prosecutions effort "a intro
duce the Bcxar county clerks rec
ord OF the official tabulation
BROUGHT on p protra cted and heat
cd argument. the defense strenu-
ously opposing the maneuver.
The huge book. laid first IN the
Lap or Jack n. Burke, the Bsxar
county clerk. ard then in that Of
G. w. Titus. chief deputy undcr
Burke. showed McCioskey 2oe
Wurzbech 26l. with the added
verbal testimony that the FIGURES
had been lircd ont IN ink and row
ones inserted. Tho substituted fig
ur-S were not read.
In an argument u tho bench. "
y. Brooks. the Travis county CAls-
TIM district attorney. asserted that
me countrv clerks CODY or the re-
turns never had been out of
Rurkc's possession until they we're
turned over TO the Rexar county
nrosecitor. for Us IN this trial. and
that thew showed 1a3-251. rather
ehc-. 223-26i. r. -. ia LessT- :.
Judge NcCIoskey and Precinct
Judge Engelhnrdt.