The daily gazette., 1880-10-12
The Ninth Ward { ontest.
COUNCIL COMMENCES THE CASE, BUT
MAKES VERY LITTLE HEADwAY.

COUNCIL coMMEECEs THE CASE, BUT
MAKES VERY LITTLE HEADwAY.
City q cuncii met in special session.
last evening, President Sharpley in the
chair, to consider the contested election
case OF Thomas Mousley, contestant,
Us. David X, Smith, Vi ting mem ber, of
the Ninth Ward.
The clerk read those portions OF the
minutes referring TO the presenfa alton of
Mr.. Mon-ley's petition of contest, and
the petition (the points of which have
already been fully set forth In the GA
zETTE) was then read. On Mr.. Barn
hilPs motion, Mr.. Mousley was granted
the privilege OF a seat upon the f1uor of
Council during the contest.
Mr.. X. Told was called to testify, but
before he was Nv orn. Mr.. Rodney ssked
" the first proceeding WAS not for the
cont estant to prove that all the votes he
rec.iv-d weIo legal votes.
Mr.. Paynter said that was a matter
for the respondent, Mr.. Smith TO prove.
LII the votes were presumed to be- legal
| until tLey we're proved to be otherwise.
Mr. Rodney said that he had been in
formed. last year, after the withdrawal
OF the pr iIions OF contest presented by
essrs. Gawthrop and Evans, OF the
Fifth Ward, that The petitions " ere fa-
tally detective because they did not
establish the fact that the 70 % they re-
ceived were legal votes.
After SOME further discussion Mr.
Toud was sworn, and began to answer
questions propoundsd by President
Sharpley, wheu Mr.. Rodney Objected
and said Le thought Mr., MousIey should
conduct bis own case.
MI Il. Tayljr said Mr.. Mouslcy had
no Iigh, to speak In the matter, and all
the smbsrr OF Council were Judges OF
tbe cas-, with authority TO QUESTION the
i'nesse.
Mr.. Rotpey intimated that the fact of
the President being u lawyer put he 9th
"rside A. disadvantage o the conduet of
the ease.
M. Il. II. Taylor said the Presidan.
was strrPlya member of Council, with
no more rights or privileges than the
other mem bers and Just the same re-.
spOns bilitv.
After soiDe further discussion Presi.
dent Sharpley said, :he mat Or for the
WiiusSs so prove was that the persons
whose votes were in dispute really vol-
ed.
Mr.. Rsdney he in any way con-
necieh with tbe election?
The PRESIDE tnt-Thaps what was en-
deav0rius tJ inh out
Fihally, on motion of Mr.. Barnhill,
the President was auI horized to conduct
the tx mutation OF wine. ses.
Mr.. Todd then testified that he was
IDsp+ ctor of .he election, but on being
shown the schedule OF alleged lllega
voters, said the only Dames he reWen-
hered ~ voting were those of L,wrence
T. Fisher, Samuel II. Bush and John
II. COyle, aud that no obi cnons were
raised against their votes when they
we're offered.
Jos. l.. Carpenter, IT,, Collector of
COun'y Taxes for the Northern District
testified that The names appearing rpon
the petition as having voted were assess
ed as folio :-SamI Grant, March 25tI.
John B. Batson, Daniel e. Fleming aud
john Walker, March 10th; g. orge III.
Smith, March l2th. These were all he
naG any knowledge of.
After hearing Mr., Carpenters tesi
mony Council adjourned until mex,
MONDAY evening at 7 80 o'clock.
The contest of VIM, Cloud Va. James
Lynn, for ths position Of inspector, will
be heard tom OFtow evening.