The advocate and Topeka tribune., 1893-02-01


ositiona ware taken before Judge Tanzple 1ssr-
suant to the notice mentioned at which sinse
Mr.. Goodwin appsared in person and BY 81 81.
Etidgsr, his attorney; and Mr.. Elting appeae 1 II
person and BY Thomas Berry. his attorney. IThs
record shows that hIr. Elting and his attorney
were personally present at the taking Of al Of
the dispositions. and that almost every queai n
that saked on the part OF EIr. Goodwin, /.
objected to By kr. Eltine or bis attorney
your committee should first refer to thett
mony taken By them.
Pursuant TO the authority conferred b
house upon your COMMITTEES, your coznElik
sent teleeraphie subpoena TO = James c. Z
Per, county clerk Of Ness county, . requiring.
personal attendance before your comnis
with the original canvass made By the coms
sioners Of Ness county OF votes cast for n -
sentative at the November election. aud :.
package OF tickets returned to him BY
judges and clerks OF election Of Center to
ship. In said county. .
Your committee hrst examined tha orig s
canvass made and signed By the commission ?
as canvassers, and attested By the clerk. Q
clerk testified that the paper produced By g
was the original canvass. and that ft had not
besn changed in any respect since il was sIsned
by the commissioners and filed In his ezace.
From the county canvass it appeared that eoz
representative OF the Ninety-ninth distrist &.
Elting had received in Center township 1ss I'd ~
and Mr.. Goodwin 80 votes, making total OF Is;
and it appeared that upon the whole canvas.s s
Elting had received in Ness county SO vd 3.
and Mr. Goodwin 5l2 votes. showing By I'll
canvass majority of five IN favor Of Mr.. Eilsne
Mr. Hopper, the county clerk. next produced
to yonr committee the package OF tickets ra
Turned to him by the judges and clerks CT s.ar-
ton of Center township. He testified that Cen
ter township included Ness City; that Hess City
was City of the third class. and within the 3,u-
nieipal township Of Center; that he resldss "a
Center township. and had voted there at 9
general election in November. and was pEes--
during the counting Of the votes by the ju6 2
OF election, and saw the ballots counted %
strung and inclosed in an envelope and sss g
mp, and that package was then delivered 70 3 q
and that he had had it IN his possession and
der his exclusive control from that time unti g
produced IL TO your committee; and In Ike q
ner he produced and identified the poll-boo y
Center township. The poll-book showss d
names Of 2O6 persons who voted st the slect g
In Center township.
The package OF tickets was opened By -
county clerk, and were taken singly by him u
handed 70 your committee, who counted thanQ
the presence OF the clerk. The ballots Eh g
upon their face, that there were 147 votes d g
AO- 1sAOAoI0 Os A1AO4LGs ox4U uO 44EOIcs =,
hfty-four votes were cast for I. n. 60 3
and no more They show that four balio 8
cast which did not contain the name OF e.L4
SON for representative, and they shoyT that
ballots were attached together by the 51dgs
election, and indorsed by them as having b
folded together, and for such reason had b
rejected by the judges as fraudulent. Coul9.
these two ballots one. and treatix =
fraudulent, as the judges of election die q
q blank, and 1t will be seen that there - g
persons who did not vote for repre-
This number. added to the 147 votes
Elting and Afty-four votes cast fog
viii make 2o6, being the number OF vo
names appear on the poll-boolks.
seen. also, that. tried by the ballots then
the return made by the judges was false,
that it gave to Elting 15s votes. being six
than he received. and that it gave to 6c;
only fifty, when he had actually receiveG
four. twill be seen, also. that. deductins a.
Eting's vote In Center township as retaess.,=
the six which he did not receive, and allow
MIR. Goodwin the four additional votes to VII
he was entitled. makes dfHerenee 81 teni
favor OF Goodwin, and that thss cfHnzs vol
elect Goodwin by five majority. The s.spositt
taken by Judge Temple chow tirat t-sntz
nesses or more were examined beEere hstn
whom were thoroughly crosses
/
briefly the following facts:
list. A man named Ruffhead. Who d
convicted OF misdemeanor and slss azssfsss
the Jail at Ness City under sentsncs to inprh J.
ment. was taken ont of Jail by ". v. EortcnS
deputy sheriff, and taken to the polls and ~
mitted to vote. He voted the republican tich*
but the testimony fails to show whefher 3
| legal residence was in Center toWnship as q
time of his conviction, or not; and as your COZ
mittee do not know whether conviction of q
demeanor would deprive a citizen OF his =
/ they have concluded to take no note of 8
Ruhhead's vote in their summary. s 3
ID. II. N. Cowles voted in Center townsYE =
| Mr.. Elting. He testified that he was 2I o
age on the 10th day OF December, 1892, a
before ne voted he told Mr.. Miner, ouS 8 z
judges OF election, that he was not the!h % g
of age. and would not be until Deessn=. q s
testified that his vote was not chaliens
vote was illegal
Sd. Walter E. Reynolds testified that he votf
In franklin township, and voted for Mr.. Elti.
/ for representative. He testified that he yot,.SS
| the Peoples party ticket except that he eras<-
two namess one for county Office and Mr.. God
wins name for representative and that he .grci=
ON his ballot the name Of Richard o. Eltine { /
representative and voted for him. he testihfS
that he would not be q years Of age until the 5
i u eA1s AOpos AnAS NOSo WeA9 A4c&Gl.
/ 4th. G. P. HofEer testified that he was 81 ys,t
Of ages that he had voted for Mr. EltinR for rs
resentative. He testified that his family resfdl
| In the state OF Indiana; that he came from 81
souri, into the state OF Kansas in June. 1892. a
had not at the time of the election resided
Kansas six months. His vote was Illegal.
5th. A man named Busick was shcwn to hs
voted at the general election In Ness county. 81
for Mr.. Eting for representative. Ths tessiunnj
satisfies your committee that he had served
term of imprisonment In the penitantisry
Illinois, and had not been parioned; hat yaE
committee are advised that proof sufficient F
disqualisy man by reason of the Conviction q
felony must be made by the production OF tE
record Of conviction. or copy thereof; and, &
this was not done. your committee win take
note Of Mr.. Busick's vots in their SUMMARY.
9Th. David Dopp testified that he had vostsfs :
Center township at the November election. arl