Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1882-01-07

LSS2.
Thomas B. Clage EFT, Defendant, In tho
Circuit Court Of Lafayette County,
Missouri. December Term, A. d.,
1881.
Now comes Henry Turner, tho
aforesaid relator, aud for the reason |
herein specified moves the court to
strike out the parts OF the return aud
answer of Thomas B. Clagett hereto
fore filed in this cause, which parts |
moved to be stricken out are specially |
described as follows:
And that iu the frat ward of said
city there was returned by the judges.
as shown by their return, one more
vote thau had been cast as shown by |
the poll-book of said ward. Respon-
dent says that on the making of said
report the said Henry Turner was
present. and having in his possession
the billot-buxes took from said bal
lot-box for the frat ward the ballots,
aud admitting that said one vote wss
III excess of the number Of votes
shown by the po!l-books and that it
had been cast for him, and claimed
that the same was legal, and asked
the said committee aud the city
council to inspect said ballots in
order to ascertain If said extra and
illegal vote was III fact cn the string
of ballots. Respondent sayo that
said ballot was illegal, and III TACT ticti-
ttous and fraudulent, aud that after
it had been aecertsined from the
votes in the other wards thst by the
votes as cast there were an equal
number of votes for both respondent
and relator; that said fraudulent aud
fictitious vote was added aud count
ed for relator, Turner, aud the re-
turns of the judges made to conform
it appear that relstor had been elect
therefore, respondent states that at
said election there was a large num-
Der of illegal, fraudulent and iu many
instances fictitious votes cast (tO.wit:
about 75) for relator by persons who
did not have the legal qualifications
of volers at said election, and said
votes were counted for relator, many
of whom had been imported into said
city from Kansas City, Wyandotte,
Leavenworth aud elsewhere. aud
many of whom voted under fictitious
names. The partial list Of whom, with
the objections to each, 10 hereafter
set forth.
Respondent says that within TWEEN.
~ days after the canvass of said re-
turms, aud in fact on the Twelfth day
of June, 1880, he served on the relstor
q notice in writing, notifying him
that he would contest his right tn
such Office Of register and e1 officio
treasurer of the city of Lexington,
before the city council of the said city
OF Lexington, aud would file his
notice of such contest on the next
meeting of the council, which notice
was in addition to and repetition
of q notice previously served on the
said Henry Turner, both Of which
notices particularly set forth the
grounds of said contest with the
names Of illegal vote iris to whom OBJ.
lection was made, anu tho grounds ol
objection to each that IN pursuance
Of said notice respondent commenced
said contest before the city council ol
the city of Lexington; that at the
same time and place, aud In pursu.
ance Of the terms OF said notice the
relator, Henry Turner. i'll person ant
by attorney, appeared before tn.
said city council aud filed and argued
motion to dismiss said contest, fol
the reason that said councie had III
Jurisdiction over the subject msttel
under the city charter, which motion
was by the city council overrulcd
aud the council decided that it coul(
(as in fact it had the power undo
article H., section 8, of its charter
try said contest, which section de
clarss :-"Wh the election o
any officer Is contested the council
shall determine the same by q majorl
ty vole of the members present, :
that the council proceeded to tr,
. said contest.
, Respondent states that relator neg
; lected and refused to have and pro
duce before the council the ballo
boxes, which were in bis possession
! that though respondent was able +
: prove that all votes alleged by hiu
in said contest were illegal with bu
, few exceptions. aud though in fac
all Of said votes were cast and count
ell for relator, yet respondent wa
not able to prove that fact withou
the said ballot boxes. as the counci
, on the trial refused to take any secou
Diary evidence Of how said votes wer
cast. unless it was the evidence of tn
|, party voting as to how he voted
,, , which, In the nature of things it wa
. not possible to produce; that relate
absolutely refused to produce sal
ballots, aud on the other hand hi
aud secreted the same when sent for
! that the mayor of the city being tn
!. presiding officer of the council, an
having been elected by the sam
O fraudulent votes cast for relator, RI
y fused to take any steps to force tn
production of said ballots; that b
j, the fraudulent and illegal conduct q
:, said relator above respondent we
!. prevented from proving before tn
council in said contest that he Wa
j elected by large majority that r.
spondent was by this means and tn
), act Of relatOr prevented from show
Ing his election; that on the trial {
J.. said contest from the evidence befor
;. the council, and after respondent ha
offered evidence clearly proving
;. number Of illegal votes. the cha
lenges to whom he had to efierwar
;. withdraw, owing to the refusal {
reiator to produce the ballots q
: aforesaid; it, the council, declared
- tie vote for said .ffice; that no OIL
,. had received Il majority of the legs
votes cast at the election on the frs
Tuesday in June, 1880, for the offic
, of register and er oficto treaIrer, al
. the council thereupou declared q v.
, cancy in said Office, and orlered
special elction to fill the same, to b
70 held on the fifth day of October, 1881
O. as they had the power to do go
=. sections 6 aud 9, article H., Of tt
city charter, and directed the mayo
to give proclamation aud notice {
. said election.
$ Respondent says that the mayo
gave said notice Of said eie
It ton "a ordered; thai the ele
q lion was held on the fifth day {
d October, 1880, in pursuance thereof
d that at said election Thos. B. C!age
d received majority OF the legal vote
q cast that on the 11th day OF Octobe
1880. the council met aud appointe
.. committee to canvass the rs.urr
d of the judges; tina, said committe
d reported Thos. B. Clagett had recei'
o ed a ma ority of the votes Gust an
q was duly elected that thereupon tn
n council declared him elected, aud o
d dered q commission to be issued
d him Immediately as such register All
It e1 1oficio treasurer of said city ,