In the first place the amount given to be used at a particular precinct, was greater than was ordinarily necessary to defray legitimate expenses, and a potent fact, which may not be overlooked, is the denominations of the currency furnished by appellant to his workers, to some of whom he delivered as much as, or more than, $15. It consisted almost entirely of one dollar bills, which as we have said, was the current price demanded for purchased votes. Legitimate expenses could, in ordinary course, be defrayed without such meticulous preparation, but not so free from the task of making change and consequences of delay, and in transacting the purchase of a vote, and possible exposure incident thereto.
After all, our conclusion in those cases will establish that each case must be determined by its own facts and circumstances, as developed by the testimony. In some of them it will be observed we exercised great leniency toward the alleged violator and held him not guilty, when, perhaps that conclusion was against the weight of the evidence. In them we gave effect to the denials of the alleged violator, notwithstanding his manifest interest in the cause, and permitted such denials to overcome contrary convincing testimony pointing to his guilt, when possibly it should not have been done.
After all, the issue of fact involved in this character of case is to be determined upon the same principles as similar issues in any sort of case. In determining such issues we take into consideration well established rules of human conduct in similar environments and circumstances, and we see no reason why that same course should not be pursued in determining the sole issue under consideration arising in an election contest case.
Applying that rule for the determination of the instant issue, we find it most difficult to conclude that from the various acts, activities and conduct of appellant, he was not made aware that the money advanced to be used in his behalf on election day, was not to be used or was not used for the purchasing of votes in his behalf. To hold otherwise would not only be a departure from the universal rule for the determination of factual issue, but as we conclude it would also run counter to human experience.
