Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1897-06-26
A QUEER DECISION.
g. nj. Lamar 0usted from
the City Council.
sHAnEFuL DISREGARD or LAW,
Law, Honor, Personal Integrity and
Consistency Ignored.

NJ. Lamar was recently elected, was
the attraction at the City Hall Wed.
nesday and Thursday. In the notice
Of contest issued by Mr.. Cushwa, the
names of c. w. Thompson. Chas. and
John Basey, Martin Ross, Eph. Whit
son, and David Mosby were cited,
also ballot on which the name Of
one of the poll clerks was erased and
which had not been counted, as the
grounds upon which be would rely.
Mr. Lamar in his answer questioned
the right of several parties to vote in
the precinct III which they had voted,
but the cases were not pressed to any
considerable extent. There was a
large number of witnesses and great
mass of evidence was adduced. We
have not space to enter upon a de-
tailed report of the testimony but
shall merely mention the leading
points upon which the contest hinged.
The charge against Martin Ross
was that he was pauper and Messrs.
Westenhaver and Walker. attorneys
for Cushwa, after claiming that they
had made prima facia case against
him, demanded that he tell for whom
he had voted The witness, respect
able colored man, declined to answer.
The Council by vote of 7 Demo
Gratis to Republicans required him
to do so.
Later in The day, Messrs. Pitzer and
Emmert, counsel for Lamar, made
the same claim and request of Mr..
Elmer Swope, who also refused to
disclose, stating that he stood upon
his right as an American citizen, and
the guarantee of the law that the bal
lot cast by him was secret ballot.
On the first vote Messrs. Mann and
Wien. Republicans, voted no, while
the Democrats had voted aye. Con-
fronted by the question, with the case
reversed, the Democrats sat dumb as
oysters. Finally Mr.. Mann moved
that Mr. Swope be not required to
disclose, and there was a unanimous
ayel
That was qualification No. /, for
the Democratic members.
After the testimony was in the
Council went into executive session.
There had been quite a controversy
over the location of theboundary line,
on the western side of the city, in
what is known as Cox's Addition, in
which the Baseys and Thompson re-
side. Mr. Baker Kearfott stated that
he had run the line and that they
were outside 1.-THE corporate limits
County Surveyor Wood had also sur
yeyed it and said that they were in
side. So conflicting was the testi-
mony that before going into executive
session thei, Council went out there
and after their return voted unani
mously that the Baseys live inside the
corporation.
Then came the shameless conduct,
so shameless that Mr. Stunkle, Demo
crat, from the Fifth ward, refused to
further stultify himself. The scratch
ed ballot was counted for Cushwa
Martin Ross vote was thrown out,
although he had positively sworn
that he did not know that he had re-
ceived aid from the county, and there
was no evidence to show that he
knew, The facts were as follows:
Ross and his wife lwete sick. A
neighbor went to Mr.. Luther Miller,
Overseer of the Poor, and stated that
in her opinion they were in want.
Mr.. Miller issued an order in favor Of
Ross for s.. so. Coal to the amount of
$I.oo was sent him and he was noti-
fed that he could get goods at a
grocery for the 81. so The grocers
testimony was that he finally went to
Ross sometime during April and told
him to come and get the balance due
hum. Ross stated that he cannot
read and did not know the aid he re-
ceived came from the county. He
was not challenged at the election,
but his vote went out.
Mosby, in Government service at
Washington, was passed as all right
Eph Whitson had been dropped from
the list, his age being fully proven
Thompson was thrown out, but La
mar still had majority of one vote.
Then the six faithful Popocrats again
reversed themselves and notwith-
standing the fact that the Baseys had
voted and paid taxes in the city for
OK wears their votes were cast out