Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1892-11-04
The Case of the Independents
Comes Up for a Hearing at
Last,
And Nearly Three Hours Were Con.
sumed in Its Hearing and
Argument.
The Decision of Judge Winchester
Is Res srved - Expected
To-Day.
The Case Comes Up.
from Wednesdsy's Dailv.1

The Case Comes Up.
GFrom Wednesdays Daily.1
The case brought up by +. D. An
drews, chairman of the county independ.
ent committee, whose purpose is to have
the names on the ticket headed by
Joseph Fox for state senator stricken
from the official ballot, and the hearing
of which was postponed from Saturday,
came up before Judge Winchester last
evening. On account of the absence of
Alex Hughes in st. Paul, NJ. J. Edgerley
appeared in the interest of Fox. Shortly
before 7:3O Mr.. Newton began the read
ing of the several reasons alleged, as to
why the aforesaid should be
stricken from the official ballot. The
allegations are many-too numerous TO
repeat in detail. In substance, it was
that the latest independent convention
held was no convention. The affidavit
of Andrews alleged that the first indie
pendent convention Chat which Endorsed
the democratic ticket YVES the only
recognized convention; that it was ap-
proved by VIM. Barry, chairman of their
state central committee; that Mrs.
Slaughter, B. F. Slaughter, H. F.
Wogan, Joseph Fox and H. L. Michel
son, who composed the last convention,
were not members of the county indie.
pendent committee; that he (Andrews)
had notified them that there would be q
convention in the court house, and that
they had paid no heed to this notice and
had refused to participate in the conven-
ton. And many other facts were al.
legged, to brand the convention as a
fraud.
F. H. Register then presented the
answer of County Auditor Avery. This
was merely a statement of his (Avery's)
authority in the matter, as derived from
certificates which had been filed with
HIM. It was a sort of protective docu-
ment, and after it's reading Mr.. Newton
offered another affidavit. This was
from a member of the independent Or
ganization and alleged that he had been
present at the convention held at Mrs.
Slaughter's. He said that when he ar
rived there Mrs. Slaughter was writing.
That those present helped themselves to
the offices they desired and asked him
what one he wanted. That after they
had thus nominated a ticket they signed
some papers and left, and that this was
the kind of convention they held.
MI. Edgerley then read the affidavit
of Nh. Fox. This specifically denied
many of Andrews allegations and made
Numerically opposite statements. It
denounced the first convention as a
fraud and a sham, and the members
thereof as impcstors. Said that
Andrews had arbitrarily appointed
members to the county independent
committee, and in so doing had exceeded
his authority. 1T may be we'll to state
at this juncture that Frank Barnes and
Alex. Fromme were two of the persons
so appointed That Andrews had done
this merely to obtain control of a ma.
jority of the committee for his own pri-
vate purposes. And that by these
means he had secured control of the
first convention, and the affidavit, Fox,
asked that the whole ticket nominated
thereby be ordered stricken from the
ballot.
The reading of afidavits occupied the
greater portion Of the time. Mr.. Newton
moved that the petition of Fox as given
above be stricken out, and then pro-
ceeded with his argument. He cited
authorities bearing on the case, and
! after a half hour or so of time closed,
and Mr.. Edgerley answered for Fox. It
was q sort of allege and deny contest.
The Judge, in the close, said that he
hesitated to decide the case on the facts
submitted. He commented on the fact
that the two afidavits were at decided
variance and regretted that there was
not time to give the case a trial, as it
should have. AL any rate, ne sald, ne
would take time to consider the matter,
and so the case stands at present. His
decision is expected to-day.
Both Tickets will Appear.
From Thursdays Daily.l
Judge Winchester ! as decided tn
the nominations of both independent
conventions shall appear on the official
ballot-you pays your money and takes
Your choice. Auditor Avery was at once
notified to proceed with the printing OF
the ballots, as the names appear in the
official publication. The distribution of
the ballots among the several precincts
will be made to-day.