The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-10-12
CY'S FIGHT.
Has Time to Take From Great
National Affairs
To Meddle Tin the Country Gro
Gerry Store Row
EDnnr m
FROM DONIPHAN GO.
Schilling- Fulton Contest Comes
Before the Board.
Cy Leland Puts In His Oar In
Regard to 1t.

The state board to hear all the con-
tests concerning nomination papers
that have been fled, convened this
morning at the secretary Of states Of
fee. The first business transacted was
that of selecting a chairman and At
torney General Dawes was chosen.
Secretary Edwards was selected as
secretary of the board and they then
adjourned to the Office of the attorney
general, where it was more convenient
to continue the hearing.
The first case taken up was the con-
test between John SchiIina and John
A. bultOn, which involves the Question
who IS the Republican nominee of the
republican party for the Office Of state
senator from the First senatorial dis
trlct. consisting of the counties of
Brown and DOniphan. On OctOber2 ne
tltlOns regular in form and with the
requisite number of signars were fIad
with the secretary Of state nominating
Schllllng as the candidate of the Re
pupIlcan party from that district and
on the next day a certificate of noni-
nation from Republican convention
was MED nominating Fulton for the
same Office. Protests We're filed bv
both parties. Fulton claimed thar
Schilling had been a candidate before
the convention that nominated him
tFulton) and while the convention was
ln session, slipped in and filed nomina-
tion papers by petition.
Schllllng claimed that Fulton was
not resident Of the senatorial district
MI Dawes held that the certificate of
nomination of the convention beirer
regular on It's race was prima facie ev-
luence OF the nomination and that the
burden was on Schilling to prove thar
lI was not Mr. Herrfc1. attorney for
scmlling. asked that Mr. Fulton be
sworn. Mr.. Fulton in response to
questions, testified substantially AZ
follows.
"On July Is attended the caucus at
the county convention that sent dele
gates to the senatorial convention
was defeated as delegate at large at
the first convention. [ voted and took
part in the primary
made application to the probate
court ln Brown county for a guardian
Tor my minor child and signed the an
pncatlon, but did not swear that 1 was
resident of Nemaha county. and ala
not know that the application so
stated -
Here the attorneys introduced certi-
ned copies OF the proceedings of the
probate court Of Brown county and in
the application for the guardian the
applicant (Fulton) stated that he was
a resident of Nemaha county
u came back to Nemaha county and
voted there at the last election When
my wife died I broke up the house at
Sabetha and sent part of the things
out to the farm in Brown county
rented part of the farm to my son and
worked the rest of it myself and board
ed with him.
IT participated in the caucus and
made canvass in Brown county this
spring in favor Of Schiuing as his own
request I have a letter in my pocket
from him asking me to do so. I was
also delegate to county convention
IN Brown county at which the candi-
date for county attorney was nominal
ed by one vote and it was a hard fought
contest. and 1 was on one side OF it
and Schilling was on the other and
II 4 was not entitled to sit in the con-
vention Schilling would no doubt have
said so a the time"
Witness was here cautioned by Mr.
Dawes to cOnfine his testimony to facts
and not to what some one would have
done
''Weu. I have that letter from Schil-
ling asking me to go to the convention,
and while don't want the letter read,
I think you might read that part of it,
Mr. Dawes said that it was not ne
cessary To offer the letter.
When Mr. Fulton spoke about the let
ter of Schling he took it out and hand
ed it to Cy Leland, who was sitting in
the room. After Mr.. Fulton had fin
fshed testifying Mr.. Dawes asked if
there was anyone that had any further
testimony to offer Leland got up and
said.
II am a resident Of this district and
a voter there, and I want to say that
I think this letter from Schilling should
be considered. know Mr.. Fulton and
have known him for years. and he has
been a candidate for senator before.
was a member of the senatorial com
mittee and member Of the conven-
well" put in Mr.. Dawes. do you
want to say something in this con-
test2"
That's just what I thought I was
doing" said Leland
You viii have to be sworn then
said Dawes.
After being sworn. Mr.. Leland con
tinued:
'As I said before. have known Mr..
Fulton for some time and he has been
a candidate for senator before. While
he has been away from Brown county
some of the time. yet ne was always
considered a resident of that county
I was member of the convention that
nominated Fulton There were two
conventions. believe. This was the
second one and it convened on Thurs
day We voted on Thursday and could
not make a nomination. and then in the
county moved a recess and went into q
room and we said that we would not
nominate Schilling and 1T was agreed
that we would give the Brown county
delegates our reasons for not doing So
When Schilling was nominated before
he lost his own county by about three
hundred votes and we had to make it
up in DOniphan county and elect him,
and we thought that he was too weak
a candidate to run this year So it
was agreed that we would tell the con-
vention this. and we also had petit
tion signed by some of the Republicans 1
of Brown county saying that they
would not vote for Schilling if he was
nOmina tedsZ We went back to the con
ventiOn and Stewart got up and told
the convention why We would not vote
for Schillings and then presented the I
petition, and then it was asked If there