Great Falls weekly tribune., 1896-12-25
. CITY LOSES
Orders the Council and Mayor
to Pay the Claim
of the
GREAT FALLS WATER WORKS
SustSins the Company's Every Alle-
III aati0n --- Election Contest
Proceeding.

IN WIG utstTiCt CouIt hlAtoS' III tho
trial R the election contest of Dicker-
man Y. Ge)sthorpe, progress Was made
slowly
When the case was called in the morn
ingAthe ballots from Third Ward precinct
were 10 which objection had been made
takenyup. There were 13 of these and on
each ok six of them the voter had marked
croa6 In the circle at the head OF either
the populist or democratic ticket and
then had marked a cross opposite the
name of Charles S. Hartman, candidate
on the silver republican ticket for con
gressman, for which office neither the
democratic nor populist party had
candidate. Thursday Judge Benton had
ordered that all such ballots should be
excluded.
Friday, when these six ballots wero
offeredEin evidence by the defendant,
Atty. Pigott, for defendant, mado an
elaborate argument, on about the liz" of
the arguments of defendants council on
5he previous day, in favor of tba count
= n OF such ballots, citing &-NitiDaal
ithority. Attys. Cooper and Freeman,
+, ,jbr plaintiff, replied.
Judge Benton then announced + s#t he
/ iaw noreaeon 20 change his ruliur and
Excluded the ballots.
On another ballot the voter had
!, narkeda single slantng line, not com.
F oletinglt the X, in the circle at the head
# the 'ssilver republican" ticket and had
~ hen, on other tickets, marked crosses OPP
posite the names of candida es, bot
OF for county treasurer, This vote was
-llaimed for Di4kermau, but tie ballot
INr ,as excluded.
On another ballot the voter had
/; aarked q cross in the circle at the head
/, the republican ticket and had also
larked a cross opposite the name Of
-lenry Knippenberg, republican candi-
| ate for elector. Objection was made,
T. .lt this vote was counted for Dlcker-
IAN.
= On another ballot q cross was marked
- the circle at the heaI of the repub-
can ticket and a cross was also marked
)posite Dickormans name On the same
>, ;ket. Over an objection this was
f'" united for Dickerman.
Another ballot had "a cross in both the
'mocratic and populist circles and
NJ osses were marked opposite several
mte on the ballot, but not opposite
ckermRn's Or Gelsthorpe's, aud the
to was ordered counted, nUtWithslaud-
Il, objection, for Gelatnorpe.
IA another ballot the voter had writ
PDickeHnana name in the popuiia.
umn, marking ii cross opposite It. Il
- counted against objection,
In ~ Inf ,rIy.
the silver republican circle aad eros Eet,
re- also marked ia the dotted lines he.
cen the democratic and popuher
/ kets in several places, but not oppo-
Gelsthorpes name. THO vote was
'ated for DickermAn, notHl1Letaod
objection.
T IN another ballet, the cross WAS t.
right OF GeIsthorpe'e name on tie
1ullst ticket and not to the left, as ra.
reh'by law. Objection was oyefruled
= 1t was counted for Gelsthorpe.
his completed the recount of the
.rd Ward precinct and the totals
nd: Gelsthorle, democrat, 9G; popu
81; total, l53; Dickorman, republic
f LIZ; silver republican, A; total, 'G#
v gfflcRl returng showed: Eicker
o., Il6l; Gelsthorpe, 100,
NP. Irvine. one OF the judges of e!rc
| at West Belt precinct Wa2 called
C,.. witness for plaintiff and testified
"" cerning the manner in which the bal
were treated after the count was
Ipleted. His testimony showed that
+, j. HI ballots we're left in his charge in E.
,wy box, to which Mr, Love, Hnother
V 90, had the key. Witness heard that
county clerk wanted the ballots re-
Il sed and he read tho law, concluded
p NJ" they must be returaed ana cent a
est to Mr.. Love to cone 10 his house
the key Love did not come and
ess did not consider it any more of
usiness to 60 TO Love than for Love
h2S .,me to him, Finally, on tho 22d of
amber, they got together aud sent
ballots in 10y express Witness
ler testified that there we're no bal
at West Belt on the day Of the eI 20
ep''1 and the Judges borrowed ballots
East Belt. Two weeks later wit
learned that the ballots mad been
EI n I.'e express office prior to election day,
W he ne express agent bad not notified
,ne Of the fact,
iii " iintiH then offered in evidence and
to have counted the bQ!!ota from
Ward precinct. Defendant Oh
4 on the ground that the ballots
lot been returned to the clerk and
der within II hours after the count
Ftf'| 'ompleted, rs required by law, The
0E.'tion was overrued and the count
a. Objection was made to about Is
ts.
"a election contest of Huston ys,
n hell.Atty. Brady, for d, fendant,
a. Jay moved to strike out the state.
4 a. . ,ot contest Of plaintiff on sub
any We same grounds AS those
whlchG Gelsthorpe attorneys nlov-
0Tf strikeDut Diclserman's statement.
lonenNss donied.
w dythen asked for an extension
EG einwhch to answer, stating that he
g move TO strike out the alloga-
e huston'a statement concerning
go YAuty of McDonueIl'+ nomination
the Would have 10 give five days
Z. notice of this motion, Atty, |
u T.. agreed to waive notice. The |
sad that he was willing TO post
- nsaslAl as long rs counsel desired. |