Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1882-01-07
CLAGETT's ANSWER.

CLAGETT ANSWER.
The State of Missouri on Informs
ton of John S. Black well Prose-
cutting Attorney of Lafayette coun-
ty, Missouri.
vs..
Themas B. Clagett. Defendant and
Respondent In the Circuit Court of
Lafayette county, Missouri, at the
relation of Henry Turner,
/. Aud now comes Thomas. 3.
Clagett, respondent herein, and
saving all objections to the sufiiciency
of the information IN this case, for
his answer and return denies that the
relator is not now, nor has been de-
faulter to said city OF Lexington, as
alleged by the relator, denies that
during all that time, to-wit; the last
ten years, relator has been, anu is
| now legally eligible to any Office in
the city of Lexington aforesaid; de-
nies that the committee was appoint
ed by the council 10 canvass the
votes cast at said election, but alleges
it was appointed to canvass the re-
turns OF the judges OF election; de.
MES that said cummittee reported
that Henry Turner had received a
ajority of one vote over Thomas B.
Clagett. but alleges that the COM
mittee made the report hereinafter
set forth denies that Henry Turnt r
is In the manner and by the means,
alleged by him or otherwise the legal
register aud e1 oDfcso treasurer of
The city of Lexington !; denies that he
10 entitled to ali the nonors. profit >
aud emoluments OF said office; denies
bat RI
but alleges that sad Clagelt is the
only authorised register aud treas
urer Of the city of Lexington; alleges
that said Ciagett is i'll possession OF
said Office legally and of right /; that
he is entitled to discharge the
duties and receive all the prof 8
thereof; denies that business is OBJ
strucied, = that there are amy doubt 2
i'll the minds of the Inhabitants, ex.
cept the obstruction caused by reiu-
tor by his illegal tyrannical aud arbi-
trary act in attempting i'll lgally To
force himself into the SAID office, after
and III the face of the decision of tile
city council, aud the court hereinai-
ter set forth.
2. Aud tor further return the re-
spondent says he is more than twell-
ty-one years of age that he is cti-
zen of the city of Lexington. resld.
ing i'll the same, and has so resided for
forty years last past, aud III fact pes
sesses ali the other prerequisites an.!
qualifications to fill ssid office of reg
ister aud eI-oNci0 treasurer OF said
city that a. he election in June,
1880. for city officers, ths Respondent
Thomas 3. Clagett, and the relIto.,
Henry Turner, were candidates fol
the office of register and &C obicio
treasurer of said city; that wIthi:i
i've days after the election, to-Wlt
June, 1880, the city council met aud
appointed committee of It's mem.
bers to canvass the returns Of the
Judges of SAID election that said
committee reported that by the re.
turns of the judges, 3S9 votes had
been cast for Thomas 3. Clagutt. and
$50 votes for Henry Turner
for the ctfice Of register and
ez oficto treasurer aud that in
he first ward of said civ there
was returned by the judges as si!owi
by their returns. one more vote than
had been cas-, as siiowu by the poll
', book Tor said ward. Respondent say.
. that i'll making Of said report the
said Henry Turner was present aut
having III his possession The ballot
boxes took from said bailot-box fol
the first ward aud admitting that sale
one vote was inexcess of the.lium Der o
votes shown by tue poii- book. ant
that 1t had been cast TOR him, apC
claimed that the same was legal, arc
asked the said committee aud The CITY
= I .,.F !ltr
der to certain f,said extra and lille.
gal vote, was in fact ou The string o
! ballots. Respondent says that said bal
! lot was illegai, ,and il tact fictitious aut
3 fraudulent, aud that after il iiau ueel
! hecertalned from the vote in oihei
I wards, that by the votes as cast, there
were an equal number ui votes 20
:, ooih respondent aud re!ator, tina
y said fraudulent. aud fictitious vut,
! Was added aud c9umted for relate,
i Turner, and The returns uf The iud ga
made to conform thereto ;rauuiulent
~, So az to IN, IKE it appear tina, re
. lator had been elected to suid office
ana mad one majority t0ercfor,so ths
u on the face OF the returns as made IL
the Judges there was all equal mum
: per of votes tor said G!agett an,
g Turner. Re'pondent etutes that d
said election there was 2 large mum
8 Der OF illegal, fraudulent, and IN man,
II instances fictitious votes cast, tc
:, Wit about rs for relator by person
u VINO did not have tine legal ausiiiica
j. lions OF voters at said election, a,i.
8 SAID votes were counted tor relatnr
$ many of whom had been inporte,
J, INT" said city from Kansas Cry
u yaudott0, L6aVeuWOrLh aud sl,e