The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1878-09-17
THE HANKE3 CASE.

urdsy. Sept. 18th.
THE dANKEa CASE.
4 Writ of Prohibition Asked to
Prevent the Investigation Of the
Charges Against the City Col
lector By the Council.
| The Mayor and Council were notified BY
Messm. Wilkeraon and Crandall, attorneys
for Marker, on Friday, that On Saturday
IN application would be inside 10 the Judge
Of the Circuit court for . writ of pro
hibition to issue against the city To pro-
hibit any further proceedings in The msiter
Of ousiing Marker. Col. Marker h..
heretofore claimed that the Council gave
him no notice Of any sction that il took in
his case, and his Attorney Try 10 take
advantage Of the city spon the 6rst move.
They refused absolutely 70 allow the c,iy
attorney and his sssocisies 60 see the petit
tiOn, in advance OF its Cling, - that they
might be prepared tn meet the allegations
contained therein. That, however. does
not alter Col. Msnker's case
The petition sets forth the fact Of Man.
ker's several elections and appointments to
the Office Of city collector, and rsciied the
recent action If tie Board in ou.ting
him fro~ Office. The prayer ior the writ is
based up"n the grounds that the oHenses
alleged Ia have been committed we're prior 10
the 9Th dsy Of May last, the day OF his in
duction into Office. This is about the sum
and substance Of the petition
Mr.. WiIkerson opened the argument in 4
style Of court oratory tina: tells upon IN 1T
torney that he has 4 poor c.se. and il
obliged 10 resort to powerful gesticulaiion,
and excrucis,ins facial expressions rather
than direct attention to the merits Of the
case for success. He was .eveser on the
Mayor and Board of Aldermen than neces.
atty required. He represented NJ. Marker
- an innocent party, being prosecuted BY
disreputsb.e nen, and likened the Council
TO the Spanish inquisiiion.
Mr.. Sangree, city attorney, followed Mr..
Wilkerson, and spoke for over m hour and
. half. 1t vas pronounced BY all % one
Of his abIe~t efforts, and abounded in tell.
ing points. He carefully reviewed the
whole Gaze, taking Up detail after detail,
and quoting cop,ousiy from various author.
titles upon similar instances. Every point
involved he analysed thoroughly and
practically. and his summing up Vas
logical. sensible, srgumentaiive and con-
vincing.
Col. Snoddy, for the CITY, followed 10
one Of his powerful arGumenis. tearing the
argument Of Judge WiIkessoa into
shreds and showing the inconsist.
ency Of the argument Of the Judge.
Col Snoddy showed up the falsiiy II the
allegations contained IN the PLAINTIFF
petition, and dwelt at length uoon the
merits Of the case. He cited Q score Of
authoritier bearing upon the case. He
spoke in masteriy manner for
an hour and hall, defending
the Mayor aud Council from the
w.nion attack Of Judge Wiikerson.
Then followed Mr.. Crandsli for the
plaintiff But ~ ali that could Be had
double" Judge Wilken-on in . long vinded,
tedious speech, not mining the side re.
mark Of the court that be "hoped Mr..
CrandaIl would get through sone time"
Mr.. CrandalI ran short Of argument, bus in
order 10 sPin out the time,
travelled outside Of the records To find some.
thing 10 talk about.
The argument Was concluded at about |;
eleven o'ciock last night and The court took !
the csae under sdviseMe0t until M00d.y.
The cuinplrxiOn Of The ca~e 10 not alter !,
I'd. - regards the charges agxinsi M. |
Marker. The court seemed to hang tn
the side of the plaintiff in his decisions and !
the probabilities are that be will allow :
the writ. The effect will b.
70 keep Cd. Marker in Office ax sinss the !
Judgment of the City Council and Mayor,
after they being iuiiy ssiisiied that Cot
Marker Gas not the proper peraon for the
Office, and heing satisfied thst the in,ersss
of the city were suffering By his retention
in the Office. Tine VI the allegations in the
petition VAS that the charges were not
The laws Of corporations do not
require thst charges be made specific, to be
served upon the accused. A sese notice
lh., the party u accused u certain things
and that the Council will investigate them
upon certain day. Is ill that IL required.
The conduct Of Col. Marker conveys .
strong impression Of hin fear 10 meet The
charges Or he would E0t resort to The Cir.
ruit court Tor protection, upon technical
grounds, At this time. He knows veil
enough that II the Council ousted him .
sithOul 6rse suhasantiatisg The charRea,
which the COuncil would not dare do, - !.
The members ere al gentlemen, he would
have redress through the medium Of al 4
writ of masdaous and eoald Be restored ,
10 hin of6ce over the judgo.st Of Tie .
Council. He seeks 70 evsde an iaveseiss.
lion By alleging that the charges refer to
,lF.naes commiiied prior 10 bis aasnmins I
HE 0i6ce this year, end this =
sbese The "os:s kick" cooes
10. A tsais OF circumsesacesI
ihrosgh . series Of yess vouA
20 TO con6r@ the charge Of aeelect Of duty I
" iocompeteocy. IN
We can sse 10 resaoa. i Ne Council = IL
'atl6sd thss Col. Maker hss teea Ruilsy ]
II nisisassncs il oGloe since The bsgianin9 u
II the recent terra Why he okcisl cooduci 4
|or The p q ioes yesss eassos b revisved.
6hoeh he Jsdee eeacieds b sljov ~ !
writ, he Coeaeil has o. Il TOO cous.s %
p.lrsue, either % Gle nev ehsrges, or allov
Marker 10 contisue - be kAs been doinR. I
Il he Copaeil b aos coopsaeas 10 eoslrul |
nd project IL citys isassssss. s.pscsslIy
D money ostlem. the oeohoas he'd hee0cr {
ualgR. IL 0asees viii cooe ~ egain . 7
4saday. J.. go IL - s's'-,-> :. ils