Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-06-14
DAVENPORT. IOWA THURSDAY MORNING. JUNE IA, $780,


~s -ee
council CsAxrER, June IL. 1860.
Council called TO order BY his honor. J. n.
Caldwell. Mayor.
PEprsr-Ald. Peters. Els. Raabing. Morley.
O'Brien, Hsviland and Wharf.
Council called 10 order and utoutss Of last
meeting. ~ regarded the call for the special
meeting read and approved.
Aid. Rsmmiog moved that al testimony 10
regard TO the Sixth Ward .soatsstsd election,
Be taken from the Clerks dssk aad read to
the Couocl
Aid. H.viland moved TO smsod Aid Ram.
mings motion, that the testimony which Was
already ruled out be rejected. Last
Aid. Ramming's motion was then adopted.
and the testimony read 70 the Couseil.
Wm. Hall, counsel for Ar. Cunningham. the
contestant. said that the grenade of the contss-
,ion were illegal voting, that the poll work of
the Sixth Ward shove the following names
Vote No 2s, Frederick Neil-who 10 not nat
uralized. No. 135. s. F. Cowdry, not resi-.
dent Of the Ward; No. l4S. Peter Quinn, not
citizen, and to subs .antlats It, offered the fol-
lowing testimony:
Robert Simpson, on his affidavit ssys he is
resident of the Sixth Ward. Sam Cowdry. en-
tered the house where the election wss held.
with . ticket in bis hand; said he had
voted terwards-knows that he lives in the
house ON the west side of Fsrnham, north
OF Second street. Had conversation with him
eince the ccntestion Said he would not give
his testimony unless compelled too.
Thos. Winkless Gays be is . resident Of the
Sixth Ward, and vas Clerk At the last election.
does not know Cowdry. but man voted and
gave in his name - 8. P Cowdry. and he en-
tered it on the poll book.
Other testimony vas offered by Mr.. Hall.
which would not be interesting to our readers.
Aid. Haviland, said be had . comm unication
from Mr. Coulthart to the Mayor and Council.
if Mr.. Hall had finished, and read the follow
ing:
TO the Mayor and Couneilof the City of De-
Me~poys
GrSrLrurN: I'm view Of ths fact that my
seat in your Honorable body 10 contested. and
the matter is to be broughtup for a ioal hear
ing to-day, l take the liberty to address . COM
municstion to yon on the eufisct:
F,Rsr Il claim that il the contested case 10
to he contested by the provisions Of the code.
in regard to cont. sting elections the proper no.
34b, and SAG Of the code.
SrcoND.-I demanded Of the contestant. Jas
Cunningham. copy Of the testimony, present
ed to your body, but the contestant has refused
to furnish any such copy.
TaIaD-I have not presented any testimony
to your body, except sueh as is already on file
in the Cler k's Office, because did not believe
that the contestant could prove by reliable
testimony that any illegal votes we're cast for
me, and because had no right to present tes-
tinouy, after the Council had appbinted . day
for hearing the argument. l clpfm that your
body having received testimony from the con
testant. and having at his request appointed .
dav for the hearing OF the argument. have no
| right to receive any more testimony and |
trust that you will not. while dealing out JUS
| tice'to the contestant. forget THAT | too have
| rights. which by your ordinances no man can
| deprive me Of.
FouarH refer your body to the Poll Book
and ballots cast in the Sixth Ward, April 7th,
| 1860, which documents are now ON file 10 the
| City Clerks office From the poll book you
will find that one ballot is returned as neither
counted or rejected. l claim that this ballot
shoud be allowed for me, and that the Coun.
Gil have the right to allow me such ballot, and
|
now leave the matter with you, aud you
alone have the right to decide it. It's mat
ter that little expected would be forced upon
| your body. especially by one who claims'to be
| Republican, and who last spring went beg.
ing at the doors Of the Republican Convention
for . nomination ct their hsnds 1t remains to
be seen whether your hone rable body will re-
move me fron the seat now occupy, on such
| himsey testimony - has been trumped up by
the immortal Robert Simpson.
| Respectfully,
| JAMES CoULrHARr
Davenport, June 18th. 1860.
Nc action was taken BY the Council on the
communication.
Aid. Guel ch, offered he following:
WHEREAs, The testimony submitted to this
| Council in regard to the contested election ia
the sixth Ward, in this city. Shove suf6cient
numb Of illegal votes to change the result
therefore, be it
| Resolved That the seat hereto occupied BY
James Coulthart be, and the same is he. eby
declared vacant.
! Carried.
Aid. Havilaud offered the following:
| Resolved. That public notice be given that q
special election will be held on Monday. the
25th day Of June, 1860. 1t Renwick's Office. in
the sixth Wsrd, for tie purpose Of filing the
vacancy, Of the representation Of the Sixth
Ward occasionsd by the decision of this Coun'
Gil. 10 the matter Of the seat recently occupied
| by James Coulthart.
Resolved. That Thomas Winkless. and Chas
Whitaker act - judges, and Joshus Dial 81
Clert. at said election. and thai the polls b
opened at o'clock A. NJ. and c.osed at q
| o'clock p. n.
/
names Of winklsss and Whitaker, and insert
the names Of Robt. Christie and A. a N clos
key - Judges. which vss carried by the fol
lowing votes:
Aves-Ells. o Brisn, Morley, Rsmning,
| Weioert-5.
| Nays-0sulich, Haviland, Peters-S.
Aid. Gsulich moved to adjourn. Carried.
|