Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1881-12-31
WHAT THE COURT DECIDED.

Stripped of all techn'cali'les the
Turner lagett case i'll the circuit
court is q suit in quo warranto brought
by the former against the latter: thai
is: u suit TO know "by what a
rant" Clagett holds the Office OF city
register. By its very nature it admits
that Clagett is the incumbent. 10
Turner's pleading Clagett filed an
answer. Taruer filed a motion to
strike out parts of Clagett's answer.
On this motion the Case was taken up
by Judge Strother, Wednesday night
of last week, and able arguments
were made by learned attorneys up
on both sides.
The court sustained Turner'S mo-
ton as to the Sd and 4th defenses In
the answer sought to be stricken out.
The 3d defense alleged Turner's in-
eligibility to hold the Office by reason
Of having bsen a defaulter in refusing
to make q settlement ordered by the
council when Joseph B. Terry became
register aud treasurer. This the court
ordered stricken out. The 4th de-
Tense alleged that Clagett was in pos
session of the Office by virtue of a
judgment and decision OF the circuit
court of Lafayette county in the man
damus against James NJ. Crowder.
city collector, ordering him to pay
over the city money in his hands to
Clagett, aud that Turner was estOp.
ped thereby from denying that Clag-
cit is legal register and treasurer.
This the court also ordered stricken
out. The balance Of Turner's motion
to strike out vas overruled, aud per
consequence the balance of Clagett's
answer was sustained and rem aims to
be tried.
There were 5 defenses in the an.
swer. The pertinent question for the
people to learn, knowing the nature
of the two defenses stricken ont, il
the character Of the defenses suffered
by the court to remain in the all.
swer. The 1st defense is a general
and particular denial Of allegations
in Turner's petition, and the allega'
ton of certain facts in contradiction.
The I'd defense states the facts of the
June election; alleges that one bal.
lot more than the number of votera
was counted for Turner; the number
Of illegal votes cast for Turner ) the
trial of the contest before the council;
alleges it's right to try ; the Withhold.
ing and secreting of the ballots 10y
Turner; the consequent inability to
prove the illegality of certain votes
the finding of a tie by the council
the new election ordered by the
mayor and council Clagett's election
at said election ; bis bond fled and
accepted by council. aud his Undue.
ton into office ; aud alleges the cleo.
ton OF Clagett both at the June aud
October elections. The motion "a
strike out this defense was %overruled,
though the court stated that at one
time he had doubts rs 10 whether he
had Jurisdiction to try the contest,
but upon q further hearing he had
concluded that his court aloue had
jurisdiction, could aud would try the
merits of the contest. In deliver.
ing his decision he expressly stated
that Mr.. Clagett was dc facso register
and treasurer. as set forth in our
article of last week else here re.
printed. The fifth defense sets on,
the anne of ~ persons who voted
illegally and voted for Turner, and
prays the court to look into, and ex'
anime the qualifications of said per-
SONS. This defense was permitted by
the court to stand, aud upon the por.
tons of the answer not stricken out
the court has said that he will try ths
Ease in April, not suffering it to be
crowded to the end of the session,
Amen D.
The St, Leuls Westliche POst. in which