The advocate and Topeka tribune., 1893-02-01
Srts of Elections Committee.
Y. II. white W. Il. E. RIChter.


r g House Journal, Saturday, January
q, 1893.
7p committee on elections made the
sS 8 ing report:
q SPEAKER: Your standing committee on
eie "a as have had under consideration the con-
te q se referred to them, wherein W. H. White
is5 bestor and H. E. Richter is contestee for
thts ht to a seat in this house member for
ts ty-ssventh representative district. consti-
trS the county of Morris, and have instructed
m make the following report:
y, committee find that the contestants
above paned were candidates for representative
as s1 elaction held in Norris county on the Sth
Of Ffosssatser last; that the official canvass made
By Tia. stats board of cauvassers states that H.
e Ri hter received 1873 votes for said Office, and
that ]. II. White received $40 votes. showing
meja ty, according TO said canvass of eight votes
In fr-sr of Mr.. Richter, who claims the right to
reps Sent said Fifty ty-seventh district.
You committee ind that said W. H. White
caussS notiee OF contest to be served upon Mr..
Richter on the 24th day of December last, in
which notice several grounds of contest were
stated among them that fraud and corruption
had bsen committed by the judges of election in
sun1rF election precincts in said district, and
that 5legal votes were cast at said election for
saic 6ichter sufficient to change the result. No
tic g take depositions was duly served on Mr..
Rp SsF. accompanied by q list of thirty-one IL
le sZoters, which list stated the township. city
al ssecinct where such illegal voters had voted.
P's aant to such notice, dispositions were taken
hEt 3 the probate judge OF Morris county, at the
txE. of which Mr.. White appeared in person
arET- Sy Messrs. Bertram & Nicholson, his attor-
ney Snd Mr.. Richter appeared in person and by
NJ =. j. n. Miller and D. H. Brown his attor-
g Such depositions were daily forwarded to
Ie s bcretary of state. and have been referred to
Is, sCommittee. Upon examining the deposi-
q your committee find the following facts to
2. dsfactOrily proven by the testimony:
5e <W. simcock, a single man, resided in the
IL Sfld ward or the city of Council Grove prior
20 month OF August 1884, when he went to
3 rse. in the Indian Territory. While In
= z e kn Territory he was engaged in several
@ = part of the time clerking for differ
n q lerchants at that place. He remained in the
2 u-n Territory from that time until the second
g SEy before the general election held on the sth
o HEvember, 1892. on which day he returned to
8 ity OF Council Grove. and was registered as
% g in the Second ward of said city. and at
8 e. Ssle election he voted for 1.-THE straight
E g b ticket" including the name of II. E.
@ ~ representative, and two days after
tmber 10, he returned to the Indian
Another witness testified that Mr.
b told him that he (Simcoclz) was
Gray Horse. Indian Territory. and
me 9th day of November. the day next
general election, Simcock had told him
Simcock) " came here to vote for Rich
nd :" said he (Simcock) voted in the Sec
srdi" whereupon the witness asked him if
living In the Second ward of the city of
acn Grove, when SimcoclI replied that when
szAsent to the Indian Territory he lived in what
ow the Third ward of the city of Council
Ee This vote was Illegal
skiddy precinct. in Rolling Prairie town
there were two ballots cast at the election
I'd sth OF November which were not counted
y person for representative. One of these
Was headed Democratic Ticket" and
elAg was headed Prohibition Ticket" Z"
51id0Ay shows that there was dispute as
her these tickets were legal or not; bat it
shown by the testimony that there WAS any
@ Sbiection to either Of the tickets, and it is
g conclusively that the name OF W. II.
3 site was on each ticket for representative for
Fifty-seventh district. and that no other
Eae for representative was upon either of the
sxets, and that neither OF said tickets was
Sntsd; bat that they were pinned together by
Judges of election, who wrote on the back of
~ the words mot counted" and they were
@ ned with other ballots to the county clerk.
g two votes should have been counted for
s. ehits.
=
s the election held in Highland township
z. Sd for II. E. Richter. The testimony
at hs had formerly resided in Morris
n 3 @ifTnad removed to the state of Nebraska
= o. g In Nebraska IN 1887; that he returned
s county, in this state, In January. 1883,
Zee >atEieh. time he has worked part of the
g ne Ia Clark's Creek township, and part Of
. time In Highland township; but in the spring
e 1se5 he was. at his own request, enrolled OF
nH
?. wnship as a resident Of that township. HiG
8 .te was illegal
"A Wismeyer is q married man who formerly
8 sided In Morris county, but for some years
Z for to 1885 he was in business at Gray Horse
Q TN 1886 he returned to Morris county with
s family and resided in the family of his father
g law in Council Grove township until 1859
q hen he went back to the Indian Territory; ana
3 is family went there the same year. He has sinct
cen In business at Gray Horse, in the Indiar
8. erritory, having his family with him all the
s inns. except upon an occasional visit to he
e ather's family IN Morris county. At or unit
y hortIy before the November election. 1892. Mr.
9ismeyer held the Office of postmaster at Gra
q Lorse, I. T. He voted at the election held i
q sOunciI Grove township on the Sth OF Novem
8 ser. 1892; and his father-in-law, Hon. T. G
s7ufacker, testifes that he (Huffacker) had ''al
9 assurance that he (Wismeyer) voted for hi
8 1ncle. H. e. Richter" This vote was Illegal.
Joseph w. Milzels voted in the First ward c
} SShe city of Council Grove at the November eleC
sscn, 1892. He testihes that he voted for H. ]
Richter. He testifes. also. that he is 2S years c
aee; that he resided in Council Grove from 1se
fnnfEI Christmas, 1891; that he then left and Wei
- Esttle Rock. Ark; that he Is a married MAJ
and that about three months after leaving KsT
sas he sent for his family and took them and b
hsusehold furniture and personal property
xEsAls Rock; that he and his family we're hous'
. kesping at Little Rock and that he was a brak
I man on the Little Rock & Fort Smith railrOal
! alltHe was eross-examined to what place he hG
sclaimed as his residence. and he gave the follow
? fling answer: "I intended to return here to Hy
s vsasn I left" On re-examinstion he testihe
{ that Il was his intention TO claim his fesidenC
Nhszs his family resides;'' and it is not show
4 es All that his family had returned to Kansas