Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1893-02-01
Reports Of Elections Committee.
w. n. White w.. n. E. Richter.


From House journal. Saturday, January
81, 1893.
The committee on elections made the
following report:
Mr.. SPEAKER: Your standing COMMITTEES on
elections have had under consideration the con-
| test case referred to them, wherein W. H. White
| Is confession and H. E. Richter is contestee for
the right to a seat in this house as a member for
the Fifty-seventh representative district, consti
| tuting the county of Morris and have instructed
me to make the following report:
| Your committee find that the contestants
above named were candidates for representative
| at the election held in Morris county on the sth
| OF November last; that the official canvass made
by the state board of canvassers states that H
E. Richter received 1878 votes for said Office, and
that W. H. White received $40 votes, showing a
majority according to said canvass of eight votes
In favor of Mr.. Richter, who claims the right to
represent said Fifty-seventh district.
Your committee find that said W. H. White
caused notice of contest to be served upon Mr.
Richter on the oath day of December last, in
| which notice several grounds of contest were
stated, among them that fraud and corruption
had been committed by the judges of election in
| sundry election precincts in said district, and
that illegal votes were cast at said election for
said Richter sufficient to change the result. No
tice to take dispositions was duly served on Mr.
Richter, accompanied by list of thirty-one il
legal voters which list stated the township, city
and precinct where such illegal voters had voted
Pursuant to such notice, dispositions were taken
before the probate judge of Morris county, at the
taking OF which Mr.. White appeared in person
and by Messrs. Bertram & Nicholson his attor-
neys, and Mr.. Richter appeared in person and by
Messrs. ]. NJ. Miller and D. H. Brown, his attor-
neys. Such dispositions were duly forwarded to
the secretary of state. and have been referred to
your committee Upon examining the deposit
lions, your committee find the following facts to
be satisfactorily proven by the testimony:
G. w. Simcock, single man, resided in the
Second ward Of the city of Council Grove prior
to the month Of August, 1894, when he went to
Gray Horse, In the Indian Territory. While In
the Indian Territory he was engaged in several
pursuits, part of the time clerking for differ
emit merchants at that place. He remained in the
Indian Territory from that time until the second
Friday before the general election held on the sth
OF November, 1892. on which day he returned to
the city of Council Grove. and was registered as
voter in the Second ward of said city, and at
the general election he voted for "the straight
republican ticket" including the name of H. E.
ward, November 10, he returned to the Indian
Territory. Another witness testified that Mr..
Simcock had told him that he (Simcock) was
residing at Gray Horse, Indian Territory. and
that on the 9th day of November. the day next
after the general election, Simcock had told him
that he (Simcock) came here to vote for Rich
ter" and said he (Simcock) voted in the Sec
ond ward;" whereupon the witness asked him if
he was living in the Second ward of the city of
Council Grove, when Simcock replied that when
he went to the Indian Territory he lived in what
is now the Third ward of the city of Council
Grove. This vote was illegal.
At Skiddy precinct, in Rolling Prairie town
ship, there were two ballots cast at the election
on said Sth of November which were not counted
for any person for representative. One of these
tickets was headed Democratic Ticket" and
the other was headed prohibition Ticket"
The testimony shows that there was a dispute as
to whether these tickets were legal or not bat it
is not shown by the testimony that there was any
legal objection to either of the tickets and it is
shown conclusively that the name of W. H.
White was on each ticket for representative for
the F1fty-seventh district, and that no other
name for representative was upon either of the
tickets, and that neither of said tickets was
counted; but that they were pinned together by
the judges of election who wrote on the back of
them the words mot counted" and they were
returned with other ballots to the county clerk.
These two votes should have been counted for
Mr. White.
One George Long, single man 80 years of age,
voted at the election held in Highland township
and voted for Fl. E. Richter. The testimony
shows that he had formerly resided in Morris
county, but had removed to the state of Nebraska
and voted in Nebraska in 1887; that he returned
to Morris county, in this state, in January 1885,
since which time he has worked a part of the
time In Clark's Creek township, and part of
the time in Highland township; but in the spring
OF 1892 he was, at his own request, enrolled or
enumerated by the trustee Of Clark's Creek
township as a resident of that township. His
vote was illegal.
l.. A. Wlsmeyer is a married man who formerly
resided in Morris county, but for some years
prior to 1885 he was in business at GRAY Horse.
/. T. In 1885 he returned to Morris county with
his family and resided in the family of his father
in-law in Council Grove township until 1899,
when he went back to the Indian Territory; and
his family went there the year. He has since
been in business at Gray Horse, in the Indian
Territory, having his family with him all the
time. except upon an occasional visit to her
fathers family in Morris county. At or until
shortly before the November election, 1892, Mr.
Wismeyer held the Office OF postmaster at Gray
Horse, 1. T. He voted at the election held in
Council Grove township the sth of Novem-
Der, 1892; and his father-in-law, Hon. T. 8.
Huffacker, testihes that he (Huffacker) had all
assurance that he (Wismeyer) voted for his
uncle. H. E. Richter" This vote was Illegal.
JOSEPH w. Mikels voted In the First ward of
the city of Council Grove at the November cleo
ton, 1892. He testifes that he voted for H. e.
Richter. He testifes. also, that he is 26 years of
age; that he resided in Council Grove from 1884
until Christu 1891; that he then left and went
to Little Rock, Ark; that he is married man,
and that about three months after leaving Kan
sas he sent for his family and took them and his
household furniture and personal property to
Little Rock; that he and his family were house.
keeping at Little Rock, and that he was brake
man on the Little Rock & Fort Smith railroad
He was cross-examined as to what place he had
claimed as his residence. and he gave the follow
ing answer: ~ intended to return here to live
when / left" On re-examin alton he testified
that it was his intention to c aim his residence
where his family resides and it is not shown
at all that his family had returned to Kansas at
all since they first went to Little Rock His vote
was illegal.