Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1893-02-23
The QUINN CASE.
Testimony Conoeroi z the validity Of tho
Douglass IIuuseI the Sunrene court

N'''"N NohNfEui Aht Nhiiuity ot Nhe
Douglass H"usei the supreme court
TOPEKA, Kan, Feb 22-The supreme
court yesterday took up the legisla.
tive test case of L. G. Gum, who APP
piled for release on habeas corpus from
the custody OF Q. @. Clevenger, SER
geant-at-arms Of the Douglass or re-
publican house.
Gum refused to appear before the
Douglass house committee on elections,
and an order was issued TO Clevenger
TO go TO Labette county, where Gum
lives, and arrest him Gum Is a demo-
crat, and he obligingly agreed to place
himself In contempt OF the Douglass
house In order that the lawyers of the
republican state central committee
might make test of the legality Of the
Douglass house In the supreme court
The court room was crowded with in
terested spectators, among them being
the principal officers of the rival h ouses
and prominent politicians of both sides
Of the famous controversy. Lined up
at tables directly In front Of the court
was big array Of legal talent Repre-
senting Gum, was Eugene Hagan and
associated with him by appointment Of
the governor TO represent the Duns-
more, or populist house, were Judges
W. Z. Webb and Frank Doster, @. C.
Clemens and Assistant Attorney Gener-
nj Allen. Represe ting the Douglass
house were w. II. RossiDgton, David
overmyer, 7. f. Carver and Chester l.
Long
Chief Justice Horton called upon Mr..
Hagan to state his case. Mr.. Hagan
was followed by Mr. Carver for the
Douglass house and he was followed by
Judge Doster for the Dunsmore house
Judge Doster asked upon whom the
burden of proof would rest and Chief
Justice Horton held that it would rest
upon the petitioner whereupon the
lawyers for the Dunsmore house entered
a protest, arguing that the burden OF
proving their case should rest upon
the republicans. The attorneys for the
Douglass house took a contrary view
and Judge Webb for the Dunsmore
house closed the argument by reading
the statute on the subject Judge
Webb's argument seemed to put diff
ferent phase on the situation aud the
court after brief consultation ordered
that the burden rest upon the Douglass
house. This was a point for the Duns-
more house and IL staggered the attor.
neys for the Douglass house, after which
they called Frank l. Brown, chief
clerk of the Douglass house, as their
first witness.
Mr.. Brown was examined by Mr.. Ros-
al L. 4, a L..
history of the organization of the Doug
lass house January 10, objection being
made from time to time by Mr.. Hagau
or by the attorneys representing the
Dunsmore house.
Judge Doster claimed again that the
journal of the Douglass house was the
best evidence, but the chief justice in
tcrpo,ed with the observation that the
contention was made that there was no
Douglass house and the court must
have evidence outside of the journal to
determine the question. This settled
that point and the witness proceeded.
This concluded the morning session
aud after dinner j. X. Cubbisou, of
Wyandotte county, and Speaker Doug
lass took the stand and told the oft re-
peated story of the house organization,
their testimony agreeing in all material
pc nts
At the concl usion of the testimony of
Mr.. Douglass the counsel for both sides
retired for consultation. The repub-
licans were the first to return and
when all was ready they announced
that they did not care TO introduce any
further evidence.
W. c, Webb, for the populist side.
then asked that the case be continued
until this morning to give them time To
prepare their side OF the case. lie said
that they had not anticipated that any
except documentary evidence would be
considered competent,
Objection TO any further delay was
made by Mr.. Carver and Mr.. Overmyer.
The court after short consultation de-
cided that II the testimony of Ben c.
Rich, chief clerk of the Dunsmore
house, and the speaker was to be taken
by the attorneys for the respondent
that IL should be done yesterday and
that the testimony of other witnesses
would be deferred until to-day After
some little parlev between the populist
attorneys and the court Mr. Rich was
called to the witness stand.
lie testified regarding the Dunsmore
house journal and the manner in which
II had been granted. He was subjected
to a very close cross-examination In re-
gard TO the roll from which the mem.
bers of the Dunsmore house was read,
but knew very little about it The
roll itself, he said, had mysteriously
disappeared the third day of the
session. He said the original roll
had attached to 1t a slip CONTAINING
ten names which were always called
in place of ten OF the original names
In all, his roll contained sixty-eight
names which were responded TO- Fifty
eight of these only were on the origi-
nal list lie did not know by what
authority the extra ten names were
added to the roll except that Speaker
Dunsmore had told him toput them on.
Speaker Dunsmore was not called
and court adjourned until this morn
ing
Homestead strike Leaders ReIea sed.