The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1874-01-01
CONTESTED ELECTION.
Metion Made to Throw the Con-
test ont of Court.
Argument on the Legality Of Such
q Proceeding.
4 Decision to be Given To-day.

~~.'~N~-
ant in the Gaze. He disputes the election OF
Bond, on the ground of miscount Of the
votes in the several wards and precincts, and
also charges Bond with bribing electors be-
fore the final vote was polled.
At ten o'clock the court consulting OF
gleton convened to hear the reading of the
plaintiffs notice and cause of contest. We
give the petition as presented by Messre
Cough & Wheat attorneys for Moonlight.
The STATE OF KANSAS
LEAvENwoRTH COUNTY
COUNTY CLERKS OFFICE,
November 26, 1873.
In the matter of the contested election Of
William II. Bond az Sheriff of said county.
To the said Elliom II. Bond and Others
Whor. II may Concern:
Know We that i, Thomas Moonlight, a n
an elector in and for said county, and coll
testor Of the election of the said William Fl.
Bond, as sheriff of said con nty, at the All
nual election in and for said county, on tile
4th day OF November, A. D. 1873, and that
also contest the election OF the said Viii
liam H. Bond M Sheriff aforesaid, and for
the several causes ~ follows, to vii;
candidate .or said office of Sheriff and 90
liciting vote for his said election On and i'm
mediaiely before the said Alb day of Noyena-
Der, A. u. 1873, at the various election
precincts in and for said county of Lesven-
worth, and at divers places in the said coun-
~, and at divers other times within fifteen
days next preceding sid 4th of November.
A. ID. 1873, at divers places in said county,
by himself and his agents, did offer and give
10 divers electors of the aforesaid county pre-
cediny said election, bribes and rewards in
money and property, and other things of
value, for the purpose OF procuring votes OF
said electors by bribery, his, the said Bonds,
efrctipn q, the said office of sheriff of said
county. the names OF the persons SO bribed
and offered, aud the times and the places at
which the same Was committed, this conte.-
tor il unable at present TO stale more specific
aiiy but psom.es to make each charge more
epecifc before the court who shall determine
said contest.
Second Because there were errors and
mistakes made by the Judges and clerks of
election, ct each OF the several precincts of
election, held in said county on the da.y Of
said election, in the votes given for and
against the said William Fl. Bond for Eaid
srid Office; that at the election precincts in |
the Fret, Third and Fourth wards of the |
city Of Leavenworth, said errors and mis- |
tskes We're especially committed. The mag
ni,ude and exact nature OF the said errors, |
shis contestant has been unable to obtain, |
not k1ying access to the books and ballots of |
said several elections and il, therefore, unable /
20 aliege them more specifically at present. |
Third, Because these errors in the cleo |
tions held on said 4ih day of November,
1878, in the First, Third and Fourth wards
of the city of Leavenworth in said county, in
relation to the; election of said William. II.
Bond as sheriff, BY not tailying correcflythe
sheriff column as the votes were being
called by the judges of said election,
thereby producing a miscount.
of the votes given for Sheriff which aaid
miscount did change the result of said cleo
ton for the Office Of Sheriff thereby showing
the election of said William H. Bond, when,
in fact correct count would have shown the
election of the contestant. Thst this above.
cause cannot be made specific for reasons
above stated.
This contestant therefore asks for a re-ex-
animation canvass and count of the ballots
polled al lat, ID, and 4th wards, election
precincts of said CITY of Lsavenworth 40 far
as the same relates to the office of Sheriff
given on said 4ih day of November, 4. d
1873.
The STATE OF KAN As,
Leavenworth County,
Be il remembered that in this Doth day OF
November 1873, before me the undersigned
clerk of the county court in and for the
county aforesaid, personally came Thomas
Moonlight who being by me first duly sworn
on his oath states that the several matters
and things stated in the foregoing notice and I
that the causes therein set forth are true As
ne verify believes
ISigned THOMAS MOONLIGHT.
Subscribed in my presence and sworn to
before me this 26.h day of November A. D.
1873. A. B. KELLER.
County Clerk.
After the reading of this notice, announcing
the intention of Mr.. Moonlight TO contest
the election had been read, the attorney
for the defendant made the following motion
10 throw the case out of court, on the ground
of insufficient cause, and because the charges
xere not made specific.
STATE OF KANSAS
Leavenworth County,
In court of contest for the trial of the con-
tested election of William Ii. Bond, IS slIer-
if OF said county of Leavenworth. And now
comes Wilism III. Bond, who appears spec
iaiiy FOR this motion only, and moves the
court 10 strlke out ANA IOfU tne etdttuleut
filed by Thomas Moonlight the LIST, Ind, and
3-d, allegations or specifications therein, for
the follosing names to wit: The first epeci-
sication does not set forth sufficient cause to
establish cause o: contest, or that 1t does not
show whether any brides or rewards was
given, o, by whom given or BY whom re-
ceived, nor does it state what bride or re-
ward was given. The second specification
does not specify what errors were committed
or by whom or that they were made or COM
mitted so a. to be prejudicial to
the rights OF said Moonlight
The third specification does not show in what
ward the alleged errors in said third speci-
ica,e were committed, BY whom committed,
or how many occurred in each ward.
Stillings and Fsnlon appeared for the de-
iendent, and the argument on the mo ion of
the defe,dent and petition of the plaintiff
Was discussed at considerable length. The
defence took the ground that the petition was
no. specific in i,s charges and therefore q
trial should not be allowed. After the whole
forenoon had been exhausted in argument,
the Cour; sdiourned till 10 o'clock to-day,
when a decision on the motion vi! propably
be given. Much irielss. was manifested in
the proceedings, and NE court room was
crowded to snifOcstion with curious spec
assors.
TIE County Treasures Office las been
closed until January "a, in order that the
County Clerk mry settle up the business of
ahe past Treasurer before the new sppointee
takes charge of the finances.
Aese.tso. Deaper~
For ssle at the Pork and Packing house,
-Eos. 73S aud 40 Shawnee street, Eeaven-
worth, No. kettle-rendered Leas Lard;
Sugar Cured Hams; Breakfast Bacon;
Shoulders ami Sides; Smoked Tender Loins,
and Loin Steaks; Picked Pigs Feet; Mes
Pork. and Tongues in kegs OF barrels; also,
Sausages and Hsutcheese. All of the fore
going guaranteed To be the best in the mar
ket. and vii! be sold, at wholesale CT retail,
As ST. Louis prices. Orders throughout the
State solicited, and satisfaction guaranteed.
JOSEPH DuaR,
wdec3l Manufacture.
l.. D. n