St. Paul daily globe., 1894-07-14

Only Question OF Time Until
He Secures the Office to Which
He Was Elected-Next Hearing
on Monday.
The Horst contested election
case was taken up before Judge Kerr
yesterday. There was considerable
number of spectators present besides
several witnesses that have been sum-
moned by Mr.. Horst to testify that
there was illegal voting. Nearly the
entire day was taken up IN examining
the referred ballots and in discussIn g
the law applicable to marking and
counting doubtful ballots. the secti ons
discussed being parts of sections 100
and a136. the former giving direction
for marking the ballots, and the latter
giving instructions to the judges of
election as to counting the votes. There
was difference of opinion as to the
meaning of the word "ballOt" in the
law, the attorneys for Horst claimin g
it referred to the groupings of candi-
dates for each office. and the attorneys
for Mr.. Wagner claimed it meant the
whole ticket. Mr.. Zollman took turns
with Henry Johns in representing the
Horst side of the case, while j. G..
Michael and B. H. Schrieber looked
after the interests OF MIR. Wagener.
In examining the referred ballots
Judge Kerr came to the point raised as
to the intention of the voter in placing
other marks than a cross opposite the
name, and reserved his decision on the
ballots until he should have an oppor-
tunity to examine the law with more
care. There are five ballots taken un-
der adyisement. three of which were
counted as blank by the referees and
all claimed by Mr.. Wagener. One vote
counted for Horst is claimed by Mr..
Wagner, and one counted for Wag-
ener by the referees that is objected
to by the attorneys for Mr.. Horst.
Besides these ballots taken under
consideration the Others referred to the
court were inspected and all canvassed
by the court as being correctly decided
by the referees except four. Two of
those that were called blank by the
referees were counted for Mr.. Horst by
the court. One counted for WAGNER
was declared 10 be bl INK vote. This
made d change of four votes from the
result declared by the referees. and re-
dnced the plurality of MIR. Wagner
from fourteen to ten. In case the bal
lots taken under advisement by the
court shall be counted as Mr.. Wagener
insists, 1t will leave Mr.. Wagener with
a margin of thirteen. Ii counted as
Mr.. Horst claims, it will still leave Mr..
Nagener eight votes ahead.
The further hearing OF the contest
went over until Monday morning, at
Which time Judge Kerr will decide as
to the ballots taken under consideration.
At'that time the attorneys for Horst
will offer evidence as to alleged illegal
voting. They claim to have witnesses
to show that illegal votes were cast and
to show for whom they were cast.
The attorneys for Mr.. Wagener had a
photographer in court and made photo
graphs of ballots not counted for Mr..
Wagener and claimed TO be properly
cast for him. There is dispute in
these cases as whether the cross was
put on the line or in the proper space.
Both sides are preparing a record for
the supreme court. in case it becomes
necessary TO carry the case up.
One ballot had X after the Democratic
nominees and Help written after the
others. Applying the mathematical
rule, this would read, as X is tothe bal
lot, so is Help TO the Republican
party.