The Ballot Box Was Too Full in Franklin

In the election contest cases yesterday the Populists finished their testimony as to Franklin precinct, but were unable to go on with proof of the irregularities charged at Ballard and Bellevue, the witnesses having been detained by the snow blockade. It is understood those two precincts are now the only ones which are to be attacked by oral testimony in addition to those already assailed—Kent, Springbrook and Franklin.

After Gideon S. Bailey had been recalled and asked a few questions in behalf of Dr. Askam, T. Evans was called by Judge Winsor. The object of Evans’ testimony seemed to be to establish as a fact that Louis Ward and Jack Snyder had voted without being legally qualified. Evans said that he knew both Ward and Snyder and where they had been during the last few months. Ward had lived in Franklin since 1888, but left for Illinois last May and did not return till about August 25, the day after the disaster in the mines. Snyder came from California in the spring with C. C. Todd.

All this testimony was objected to by Mr. Gay on the ground that Van de Vanter had received no written list, as required by law, of the illegal voters and of the persons’ names who cast them, but Judge Langley allowed the testimony to be given for what it was worth.

Evans was at the polls off and on nearly all day. He was in the polling room twice and voted the last time he was there. He was not permitted to take a ballot, but was handed one by one of the judges. After he had marked and folded it he gave it to Inspector Bailey, who stamped it and handed it back. Witness then gave the vote to Todd, the other judge, who said it was not folded small enough, and, with the witness’ consent, folded it again and put it through the slot in the top of the ballot box. Ballots would not go through the slot unless folded very closely. Witness was ordered away from the entrance to the polls because it was said he was electioneering. He saw no drunkenness there.

C. C. Todd, judge of election, was the next witness. He was at the polls all day, having been sworn in in the morning. The ballots were handed to the voters by one of the judges. Some of the voters tried to take ballots themselves. Evans did, and witness told him to put it back, which he did. Every ballot was passed folded through the slot in the top of the box. When the box choked up the inspector and judges first pushed the votes down with a pencil, then they shook the box and then, as the box got fuller, they opened the wicket in the top and pressed the ballots down with the hand. Some one was ordered out when the polls were closed, but witness did not know whether or not the room was cleared.

Todd was questioned at length about his signature at the end of the poll books. He identified the signature on the book retained by Bailey, inspector, as having been written by him, but the one on the other book had been written by the other judge, Martin Burns, at Todd’s request.

Notwithstanding the storm, the courtroom was well filled during the hearing yesterday morning, Populists being in the majority. It is difficult to say when the cases will be finished. The testimony for Mayer is nearly all in. It will be followed by testimony for Van de Vanter and the others whose right to office is challenged. Then will come argument on the testimony and the disputed ballots. A few days will certainly end the contests as far as the superior court is concerned.

The cases will come up again this morning at 9:30.