The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-01-16
CASE OF THE SHER|FFS.
The Sulliyan-Lloyd Contest Comes
Up Again in MeHattons
Court.
Thompson Campbell Trying TO
Have the Case Come Before
Judge Knowles.
The Belief y Gcnerai That - Crisis will
lie Reached in the Matter
To-day.

BDr, Jan. l5.-,special The petit
jury summoned this week by Sheriff Sulli-
van was on hand in the district court room
this morning There was large crowd
I present curious 10 know what steps would
be taken M the contest for the Office of
sheriff. As soon ms the court was called 10
order Thompson Campbell rose aud said he
had some papers TO file ON the contest case
of Eugene u. Sullivan vs.. John l.. LLOYD
county. II will bo remembered
that this case was instituted
by Mr., Sullivan Immediately on
announcement of Judge DeWolfe's decision
in the mandamus cases. Mr.. Campbell
then filed petition 10 have the case re-
moved TO the jurisdiction of the United
States circuit court Of the Ninth circuit.
which X Judge Knowles court He also
filed bond for SsiA. He made but q short
argument on this matter, reading from
Dillon on the removal of cases. He took
the position that the filing of the petition
aud bond nj once and forever stopped the
c1sc IN Judge Mcllatton's court, whether
he made any ruling on the matter or not
The papers wcrc then filed with
the clerk without comment by
the Judge, and Mr. Campbell
proceeded To file Mr.. l.loyds answer TO the
complaint of plaintiff IN the case, which
constitutes The first indication Of the ropub-
lican plan Of attack on precinct 80, the re
suit of which will probably determine thn
Sonatoships The answer is very lengthy
and covers fourteen heads. II contains first
Il sweeping denial Of Sulliyan's claims Ia
having been elected sheriff of Silver Bow
county. I, states that sixty-iive of the lG,
votes cast for Sullivan at precinct ~
were fraudulent and illegal, because the
persons casting them had not resided
in ihe territory of Montana six months pre-
yious TO the date of election; IL does not
specify, however, who these sixty-five voters
We're. The answer then switches 10 Precinct
~, or McCun0's wood camp, and saya thelo
were l'a Illegal votes cast there for sulli-
van. aud names the voters who cast them.
These votes arc said 10 be Illegal because
II. ;. CLARK. deputy clerk OF the second
judicial district for Silver How county. left
his Office and went over fo McCmc's camp
Ia give the wood choppers an opportunity ia
declare then intentions ui becoming
citizens of the United States. The
answer CLOSES with the tSeapine
assertion hat shnl Hrty fraudulent votes
werc cnsi NJ cieh and every precinct in
Silver Bow county, ard that all were
c0untod for Sullivan. The docrment CLOSES
rs follows: "Mhefeiorc. respondent dc
mnnds that the hereInbetnre mentioned
/ fraudulent and Illegal votes bc eliminated
from the returns of the said judges oi snid
election of the various precincts oi the snd
county of Silver Bow, and from the abstract
of snid votes as delivered by the said board
Of Canvassors 90 the clerk OF the board of
county commissioners of said county. and
recount of all the votes or official ballots
east NJ said election for said
office be had and the errors. mistakes and
willful neglect of the judges and clerks OF
the snid various precincts Of said county be-
corrected and counted for respondent.
That respondent be adiudged and decrecd
10 be- duly elected md entitled to the Office
of sheriff in md for the county of Silver
Bow, and that the clerk of said court be
thcreupon ordered 10 deliver 10 respondent
u certificate Of election 20 said office, and
that he have Judgment for all fees and
emolumeniseollecicdh by said contestant and
for his costs herein
No further attention WAS paid 10 the case,
and the remainder Of the day was occupied
in geitinga jury, rs the first yenire was
speedily exhausted and another had 10 be-
Issued. Democrats regard The attempt to
take the ease before Judge Knowles AZ
cheeky 10 say the least, ms that gentleman
has drawn up most Of the papers in the
election case. As 10 the attack on precinct
81. they are moi disturbed, ns there ARE
many supreme court decisions 10 the effect
that clerk can loovo his office to natural
II, citlcns II b. soes ii. The question as
io the custod, Of prisoners will come up
tomorrow.