Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1893-02-09
Reports of Elections Committee.
W. b. Whlte vs. n. {. Rlohter.

From House Journal, Saturday, January
81, 1893
The committee on elections made the
following report:
Mr.. SPEAKER; Your standing committee on
elections have had under consideration the con-
test case referred TO them, wherein w. II. White
Ia contestor and II. IT, Richter is contestee for
the right to n seat in this house as a member for
the Eifty-seventh representative district, const-
tuting the county of Morris, and have instructed
me to mako the following report
Your committee find that tho 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 II.
u. Richter received 1878 totes for said Office and
that w. II, White received 1870 votes showing q
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. II. White
caused a 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
lluu DbSl ny lIb Vi bltDllDu III
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 a list of thirty-one il
legal voters, which list stated the township, city
and precinct whore such illegal votersh 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 g. Nicholson, his attor-
neys and Mr.. Richter appeared in person and by
Messrs. j. M. Miller and D. II. 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
tions, your committee find the following facts to
be satisfactorily proven by the testimony;
G. W. Simcock a single man, resided in the
Second ward of the city of Council Grove prior
to the month of August, 1891, when he went to
Gray Horse, in the Indian Territory. While In
the Indian Territory he was engaged in several
pursuits a part OF the time clerking for differ
ent 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
vi ANONollJtl1 lSoSs Oi bly llo LopuluVu w
the city OF Council Grove, and was registered as
a voter in the Second ward of said city and at
the general election he voted for 1.-THE straight
republican ticket" including the name of H. Il.
Richter for representatives and two days after
ward November 10, he returned to the Indian
Territory. Another witness testified that Mr..
Simcock had told him that he (Simcocll) 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 Slmcock 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 dispute as
to whether these tickets were legal or not but it
is not shown by the testimony that there WAS any
legal objection to either Of the tickets, and it is
shown concluslvely that the name Of W. H.
White was on each ticket for representative for
the Fftyseventh 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, a single man 80 years Of age,
voted at the election held in Highland township
and voted for H. 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 Clarlt's Creek township, and a part Of
the time in Highland township; but in the spring
of 1892 he was, at his own request, enrolled or
enumerated by the truse~e of Clark's Creek
township as q resident of that township. His
vote was Illegal
| L. A. Wismeyer ia q married man w>o formerly
resided In Morris county, but for some years
prior to 1886 he was in business at Gray Horse,
1T. In 1885 he returned to Morris county with
his family and resided in the family of father
inglaw in Council Grove township until 1880,
when he went back to the Indian Territory; and
his family went there the same 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, I. T.. He voted at the election held in
Council Grove township on the Sth of Novem-
her, 1892; and his father-in-law, Hon. T. S.
Huffacker, testifes that he CHulfacker) had 'au
assurance that he (Wismeyer) voted for his
uncle II 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 testiies that he voted for Fl. e
Richter. He testifes also, that he is 26 years oil
age; that he resided in Council Grove from 1881
until Christ as, 1891; that he then left and went
to Little Rock, Ark that he is a 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 tc
Little Rock; that he aud his family were house
keeping at Little Rock and that he was brake
man on the Little Rock & Fort Smith railroad
He was cross-examinel as to what place he had
claimed as his residence, and he gave the follow
| A 7 4 4 -, unAr, horo kr, 1,r-c