Sternberg

J. — Defendant was charged with procuring and allowing A. Gutman to be registered as a. voter in the precinct register of a precinct in which he was not entitled to be registered. The prosecution was had under and by virtue of the provisions of the Purity of Elections act. (Stats. 1893, p. 24.) The' offense charged comes within the purview of section 22 thereof.

Gutman, called by the prosecution, testified that defendant requested him to register from the Baldwin Hotel, so that he could vote for Mahoney. At the time of the request he resided and was registered in another *5 precinct, and these facts were known to defendant. Witness acceded to defendant’s request, and together they went to the New City Hall. The witness there told a registrar clerk in attendance that he desired' to change his residence to the Baldwin Hotel. Asked by the clerk what floor his room was on, he answered the fourth, when the defendant, standing by, corrected him, and said the fifth. The clerk then asked the number of his room, and, as the witness did not know, defendant again answered for him.

Henry Burton was the registrar clerk. He identified the affidavit of registration as being in his handwriting;…