The morning call., 1895-01-08

dId Dc reach this stage, neither did Mr..
Tuton crawl through the tTansom, and Is
evidence that he could not have accom-
pished this feat the new Surveyor called
attention to the fact that he was of good
eirth while the ransom was but small
aperture.
But though the reports about the nall
were greatly exaggerated and there was no
physical fight. yet there was deal of talk
ard nearly whole days dispute as to
possession. which ended in the ejectment
Of the OLD Surveyor.
Each has a version TO give of the affair.
This Is what William Fitzhugh said in the
afternoon before his ejectment and while
he sat in the inner office:
ION Saturday proceedings were begun
against Mr.. Tilton for violating the purity
of elections law, ard I was made party
10 it, ! wanted to give up the Office, but
the court compelled me not TO do so. h.
Foote, my attorney. told me to refuse TO
give up the Office, so as to protect my
bondsmen.
'Fhis morning Mr.. Tilton, his attorney
and some friends came to the Office and
pushed their way in. This was at $50
o'clock. Mr.. TIltOn demanded possession
of the public documents, maps. etc. / re-
fused to give them up until ordered by the
court TO do so.
Under the purity of elections law, a
man who violates it forfeits the Office to
which he is elected and the incum bent
holds the place, and cannot surrender the
Office until ordered TO DO so by the court.
The matter was taken into Judge Sea-
fer Tilton 10 keep his hands of until Fri
day, When Judge Ssawell will determine
the matter"
Late 10 the afternoon, when in undis-
puted physical possession OF the Office, c.
s. Tilton, the new County Surveyor, told
this story of the events of the day:
Il came here to take possession OF the
Office about o'clock. l found Mr.. Fltz-
hugh at the rail- l had my attorney, VIII
liam Cook. with me and demanded posses
sion Of the office. Mr.. FIzhugh read an
opinion of his attorney. Mr.. Foote. telling
him to keep The offi,e. My attorney ad-
Vised me TO take possession.
Il attempted 10 enter the office The
gale was fastened with a catcn and Mr.
FitZhugh had his hand on the rail.
pushed the gate open and entered and took
possession of the Office. II was only
through courtesy on my part that Mr..
F'itZhugh remained in the Office. / sug-
gested that no remove his effects, and he
spoke OF getting an expressmau.
''At II 80 O'Clock l was informed that a
restraining order. prohibiting my taking
possession, had been issued. / had been
in possession of the flee for two hours pre-
vious 20 this. My attorney said that such
an order could not hold, and we went be-
fore Judge Seawel. who said that such
was rot the purport of the order. The writ
was read out by Attorney Barnan. on be-
half Of Mr.. CosgrOve. who charged vio-
latiOu Of the purity Of elections law.
Judge Seawell tod my attorney that he had
no authority to issue a restraining order
Ia this case and cancelled a portion OF the
order, making it null and void.
Then my attorney told me 10 put Mr..
Fitzhugh out. / went 10 my flee, TOOK
Mr.. Ftz ugh by the arm and led him be-
yODd the rail cid not use much force,
as he made little resis ance. he allowed
himself to be put out"
Mr.. Iiton felt confident that Mr.. Fitz-
hugh would not try to regain the Office 0y
any force or stratagem, and when asked
"hat be would do if Mr.. Fitztugh APP
peared said: Il am in possession of the
oHics aud shall allow him to come 10, ex-
'endlng The same courtesy to him that
would to any other gentleman who comes