Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1893-02-01

list of illegal votes as required by statute. Dep
ositions were taken before Judge Temple pur-
suant to the notice mentioned at which time
Mr.. Goodwin appeared in person and by N. H.
Stidger, his attorney and Mr.. Elting appeared in
pers IN and by Thomas Berry his attorney. The
record shows that Mr.. Citing and his attorney
were personally present at the taking of all OF
the dispositions. and that almost every question
that was asked on the part of Mr.. Goodwin was
objected to by Mr.. Citing his attorney. But
your committee should first refer to the testi-
mony taken by them.
Pursuant to the authority conferred by this
house upon your committee, your committee
sent Geographic subpoena TO James c. Hop
per- county clerk of Ness county," requiring his
personal attendance before your committee,
with the original canvass made by the commits
sioners of Ness county of votes cast for repre-
sentative at the November election, and the
package Of tickets returned to him By the
judges and clerks of election of Center town
ship, in said county. "
Your committee first examined the original
canvass made and signed by the commissioners
as canvassers, and attested by the clerk. The
clerk testified that the paper produced by him
was the original canvass and that it had not
been changed in any respect since it was signed
ny OuO COHLnlbslOneTb anu uleQ III MS OIuCe.
From the county canvass it appeared that for
representative of the Ninety-ninth district Mr..
Citing had received in Center township 15S votes,
and Mr.. Goodwin 80 votes, making total of 203;
and it appeared that upon the whole canvass Mr..
Citing had received in Ness county SAT votes,
and Mr.. Goodwin 542 votes showing by the
canvass majority of five in favor of Mr.. Elting.
Mr.. Hopper, the county clerk, next produced
to your committee the package of tickets re-
turned to him by the judges and clerks of cleo
ton of Center township. He testified that Cen
ter township included Ness City; that Ness City
was city of the third class, and within the mu-
nicipal township of Center; that he resided in
Center township, and had voted there at the
general election in November, and was present
during the counting of the votes by the judges
OF election, and saw the ballots counted and
strung and inclosed in an envelope and sealed
up, and that package was then delivered to him,
and that he had had it in his possession and un-
der his exclusive control from that time until he
produced it to your committee; and in like man
ner he produced and identified the poll-book Of
Center township. The poll-book shows the
names of BOG persons who voted at the election
| in Center township.
The package of tickets was opened by the
county clerk, and were taken singly by him and
handed to your committee, who counted them in
! the presence of the clerk. The ballots show,
upon their face, that there were 147 votes cast
for Richard o. Elting, and no more, and that
| ffty-four votes were cast for l. N. Goodwin,
and no more. They show that four ballots were
cast which did not contain the name of any per-
son for representative, and they show that two
ballots were attached together by the judges of
election, and Endorsed by them as having been
! fOl1 a1 70 -
rejected by the judges fraudulent. Counting
these two ballots as one, and treating it as
fraudulent, as the judges of election did, and as
a blank, and it will be seen that there were five
persons who did not vote for representative.
This number, added to the LAT votes cast for
Citing and ffty-four votes cast for Goodwin,
| will make 206, being the number of voters whose
names appear on the poll-books. 1t will be
seen, also, that tried by the ballots themselves,
the return made by the judges was false, in this
that it gave to Citing 1873 votes, being six more
than he received, and that it gave to Goodwin
only fifty, when he had actually received fifty
four. twill be seen, also, that, deductng from
Fittings vote in Center township, as returned
the six which he did not receive and allowing
Mr.. Goodwin the four additional votes to which
he entitled, makes difference OF ten in
favor OF Goodwin, and that this change would
elect Goodwin by five majority. The dispositions
taken by Judge Temple show that twenty wit
nesses or more were examined before him. all OF
whom were thoroughly cross-exanined by MIR
Fittings attorney. These dispositions show
briefly the following facts:
list. A man named Ruffhead, who had beer
convicted Of misdemeanor and was confined il
the Jail at Ness City under sentence to imprison
ment, was taken out of Jail by w. V. Horton,
deputy sheriff and taken to the polls and per
mitted to vote He voted the republican ticket
but the testimony fails to show whether hi:
legal residence was in Center township at tn,
time of his conviction or not; and as your com
mittee do not know whether a conviction of mis-
demeanor would deprive citizen of his vote
they have concluded to take no note of Mr.
Ruffheads vote in their summary.
3D. H. N. Cowles votedin Center township TO
Mr.. Citing. He testified that he was 81 years O
age on the 10th day of December 1892, and tina
before he voted he told Mr.. Miner, one of tn
judges of election, that he was not then q year
of age, and would not be until December. H
testified that his vote was not challenged. Hi
vote was illegal.
Sd. Walter E. Reynolds testified that he votet
in Franklin township, and voted for Mr.. Eltn
for representative. He testified that he votet
|
two names, one for a county office and Mr.. Good
wins name for representative, and that he wrot
on his ballot the name of Richard o. Citing 70
representative and voted for him. He testife,
that he would not be 81 years of age until the st
of July, 1898. This vote was illegal.
4th. G. P. Hoffer testified that he was 81 year
of age; that he had voted for Mr.. Citing for rep
resentative. He testified that his family reside
in the state of Indiana; that he came from Mis-
souri, into the state of Kansas in June, 1892, an
had not at the time of the election resided il
1 Kansas six months. His vote was Illegal,
l 9TH A man named Busick was shown to hav
voted at the general election in Ness county, an
for Mr.. Citing for representative. The testimon
satisfies your committee that he mad served
term of imprisonment in the penitentiary i
Illinois, and had not been pardoned; but you
committee advised that proof sufficient t
disqualify man by reason of the conviction fo
felony must be made by the production of tn
record of conviction, or a copy thereof; and a
this was not done. your committee will take n
: note of Mr.. Busicks vote in their summary.
9th. David Dopp testified that he had voted i
Center township at the November election, an
had voted for Mr.. Citing for representative. H
= testified that he had ;D Cor11