Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1897-01-16

not formerly rendered possession. Joe
1nschO put new lock on the door by
order of the Swiggett board of county
commissioners.
Following up his previous agree
ment to make formal demand for pos
session when '.the proper time came"
Mr.. Balcom presented written re-
quest addressed to "A. S. Peacock.
comfy superintendent" Monday
morning about 10 o'clock. As the
.sproper time'' had not come Supt.
Peacock followed the example of Mar
quand and refused in equally formal
writing. No later demand was made.
When the Barclay case was called
Tuesday Probate Judge Tunnel did
not claim the right to sit with asso-
ciate Judges Walker and Rhoades of
the contest court. Mr.. Balcom had
gained admission to the room of the
county superintendent through the
rear door which connects with the
court room. This was done by means
of key made for emergencies or pos
sibly one of EXIT" The regular keys
of the office were still in the hands of
Supt. Peacock awaiting legal demands
| for them.
The sudden strain attendant upon
the Kingly decapitation of deputy
County Clerk Cross threw Chief Uf-
ford into such violent fit of populis-
tic palsy that he appointed and sworn
in j. NJ. Rinker as county clerk. .
1--WE quote his exact spoken words as
heard by reliable witnesses.) The re-
suit is that Mr.. Ufford has a ''double"
instead of a deputy. Both were pres
ent Wednesday morning when the
Peacock contest court convened. Mr..
| Ufford did not have the papers in the
case. He had given them to Mr. Tun-
nell because he was probate Judge
The latter refused to give them up.
Attorney Rathbone and his client APP
peared thus recognizing the contest
court. The former interposed his
former objections and raised the ques-
tion of jurisdiction of the contest
court and especially of Judge Cowick.
Three days had now been spent by
the attorneys and Judge Cowicl in an
investigation of his right to sit on
trial of the cause and no one could
advance one iota of law or decision
tending to show that he had not a
perfect legal right to do SO. He had no
doubt of his right, himself, but after
consulting his associate judges he ex-
pressed it as his opinion that it would
be best for him to withdraw. Asso-
ciate Judges Courtney aud Shelton
then personally asked Probate Judge
Tunnel to sit with them in the trial
of the case, but he refused to do so
with him and that he had made other
arrangements. Both Shelton and
Courtney deny his assertion emphat-
ically. Court then adjourned and re-
convened after dinner. Mr.. Rath-
bone and his client, Balcom, both ap-
peared but after failing to persuade
the court to annihilate itself the an
cient pettifogger and Clerk Rinker
withdrew. Associate Judges Court
ney and Shelton then personally asked
Clerk Uford to serve in the capacity
of clerk of the court which he for a
time refused to do but afterward re-
iluctantly appeared. This reluctance
$50 permeated his system that it was
I only with the greatest difficulty that
4 papers and hallotS offered in evidence
lcaeid be Predueed. Sheriff Lynn, Gin.
/ Artz and tstl1ers cndeayere3xto per-
isuade witnesses to ixnere the court
and leave town. The court proceeded
with the evidence and adjourned to
meet Thursday morning at 10 o'clock.
Clerk Ufford was now positive that he
was custodian of the papers, ETC., in
the case although that morning he
could not produce them. Hankel,
Ufford and Artz, the juggerbeer gen
eral of the Topeka war, have been the
delectable trio in advocacy of disre-
gard of law and the court and are
backed by some other equally safe adj
visers.
The court reconvened on Thursday
morning in the Office of G. w. Cross,
register of deeds. and in the absence
of the sheriff who had also forgotten
to build fire in the courtroom. the
session was opened by A T. Green
wood, constable After taking the
concluding testimony the court
brought the findings and conclusions
of law which declared that 1. G. Bal
com received 294 votes and that A.
S. Peacock received 297 and was there
fore elected to the Office of county SUI
perintendent of public instruction
and entitled to his certificate and an
nulling the certificate Illegally given
Ira G. Balloon. The court then ad-
journed to meet in the afternoon to
give Mr.. Balloon an opportunity to
make arrangements for an appeal if
he wished to do The court so met