Daily Republican., 1880-10-12
NINTH WARD CONTEST.
Mensley W. smith I'm city Counctr
"A Case Awkwardly Conductoa
and Very Little Done.

/
! Spectators we're numerous at tn
special session Of City Council las
night, which met to hear the oontes. o
Thomas l.. Mousley for the seat il
Council from the Ninth Ward, now oc
cupied by David R. Smith. After Coun
ell had besn called to order a Ion,
pause, broken only by whispered con
ference between the Republican anG
Democratic members snsusd, and 1t wa,
more than half.an-hour before anythins
was done. When the body did gej
down 10 work, it proceeded in the mos,
awkward manner possible, and moi
only consumed much time, but placed
itself in ridiculous positions.
Mr.. Barnhill started the ball rolling.
81 move" said he, "that Mr.. Meusley
be allowed seat on the floor of thii
Council during the contest"
This was carried, but Mr.. Mouseley
had already taken a seat in the back
part Of the chamber beside Martin Far
rell.
Then came another pause, during
which everybody unconcernedly twirl.
cd their thumbs,and finally Mr.. .Payntsl
moved that Council proceed with the
contest. This was gladly adopted, and
William R. Todd, the Democratic in.
spector at the city election, was called
as the first witness.
Before Todd could be qualified Mr..
Rodney objected saying that il was
necessary frat for the contestant to
prove the Legality of votes cast for him,
and not to prove that the votes cast for
his successful competitor were illegal.
A long debate followed and Mr.. Rod
ney at length withdrew his opposition,
the President having stated that ii
every man named on Mousley's petit
tion as an illegal voter were proved
such it would DO necessary turther to
prove that all these voted for Mr.,
smith.
The examination of Todd was then
commenced, the questions being put by
the President Of Council, but he had
only been asked as to residence when
Mr.. Rodney objected, saying the Presi-
dent of Council is lawyer and the fact
Of him questioning the witness for Mr..
Mousley places Mr.. Smith at q great
disadvantage. He desired that Mr..
Mouslsy or any other member conduct
the case.
One Of the Democratic members moved
that the President be allowed to ques-
tion the witness, and this being adopted
ths examination was resumed.
Todd said live at22l2 Market ST.;
remember the last City election, and
held it myself it was held for q mem
Der in Council, for which Thomas l..
Mousley and David R. Smith were the
candidates, and for an Inspector of cleo
tion and an Assistant Inspector.
Schedule A., accompanying the peti.
ton Of the contestant, aud containing
names Of alleged illegal voters was
shown the witness, and he only identi
fed three persons as having voted
namely l.. F. Fisher, John +. Coyle
and Samuel L. Bush.
Mr.. Talley here asked witness If
John +. COyle had been sworn with
reference TO his residence. 81 can't
say exactly" replied the witness, "but
| think not"
Schudsle B. was handed witness.
Question--Do you know any parties
n Schedule B.
Answer-No | do not.
Q.-It is said these people have not
proper residence in the ward. Do you
lnow il it is SO.
A.-No don't, know Coyls, he is
here.
Schudsle C. was now produced, and
he witness declared that he knew none
" the parties mentioned therein.
With reference to those mentioned in
schedule D. which was next produced
10 said thathe knew nothing except
hat they kboth voted.
Mr.. Tailey asked witness whether
he law provided that q person to be
egal voter must be assessed slx months
,efore the City or State election. Wit
1883 did not seem prepared to answer
nd the question was not pressed
Joseph l.. Carpenter, Collector Of
;ounty taxes for the North district Of
be city, was next called, aud produced
copy OF the extra assessment made in
be city. According to Mr.. Carpenter's
estimony the assessment OF the persons
in Schedule c. took place as
blows
Samuel Grant, March 25.
John B. Batson, March 16.
D. K Flemning, March IL.
John Walker, March 16.
George H. Smith, March II.
Mr.. Rodney asked for subpoenas for
il persons named in schedule A., and
r Joseph Tatnall, K. G. Shortlidge, A.
. Mcpherson Johnson, James L. Haw-
ins, s. N. Culbert snd one or two
hers.
Council then adjourned TO meet and
ntinue the case on next Monday ey.
ling.
EXPLANATION.
In order that the proceedings may t
,pear iutelligibls it may be in place
publish the schedule in which Mr.. t.
ousley has placed the names Of the c
legged illegal voters. First 1t should I
stated that Mr.. Mousley claims q c
OF five over Mr.. Smith and he n
early failed to prove his case last Z
ght inasmuch as it was shown by fl
% testimony of Mr.. Carpenter that five b
the parties, 1t is claimed had not y
ZEN assessed the full tiGe. The evi-
'nce showed these men to be quilted
vote at the coming Sat election, and
erefore under the city cha is qualif- IL
to vote at the city election. The h
.ms of Nathan =. Laws 1oss not ap- o,
ar on the extra assessment, he being tV
property owner, aud assessed at the al
1t general assessment. nj
Schedule A. is as follows, 1t being al
.:,l thot 10 nf fhar oiuaD i'm Nh