The Topeka state journal., 1897-12-09
QUIBBLES.
Both Sides in the Cook Kepley
Contest
Object to Every Ballot That is
at All Irregular.
so 25O ARE LAID ASIDE
Already, Though the Voters
Intention is Clear.
Most of the Witnesses Who Are
Testifying That
THEY GOT DRINKSPAID
For by the KepIey Party Are
COIOred Men.

At noon today the CooI-Kepley con-
test had recounted the ballots in the
First ward and four precincts of the
SECOND. Only the vote on sheriff is
being considered. The attorneys are
watching the ballots carefully and all
that bear any other marks than those
specified in the law are objected to and
laid aside. If the ballot is a Cook vote
it is objected to by Mr.. Kepley's attor-
neys, and if for Mr. KepIey by Mr.
Cooks attorneys. At noon with seven
precincts counted, there were $50 bal
lots which had been objected to-"
about two-thirds of those laid aside are
Kepley ballots. The votes are those
which passed the scrutiny of the judges
and were counted on election day.T
ballots returned by the judges as
"mutilated," have not yet been touch
ed.
When the bag containing the ballots
cast at the First precinct of the Second
ward was reached, it was found that it
had not been sealed, and when it was
opened it was discovered that the
judges had failed to string the ballots
as required by law.
Attorney SchOch at once objected to
the ballots being counted because their
appearance Indicated that they had
been tampered with. The court, how
ever, allowed the ballots to be count
ed. In this precinct the returns show
that Kepley received 131 majority. If
these ballots were not counted it would
cut no small figure in the contest The
court did not give formal decision in
the matter, but will consider the OBJ
lection and decide the question later.
When the ballots from the Fourth
precinct of the Second ward We're
reached, another defect was discovered
The judge had failed to place his in
tickets a .
When this fact was discovered, At
torney Schoch said:
We object to these ballots being
considered because they do not contain
the initials of the judge which the law
requires. We claim that they are there
fore Illegal"
A. w. Dana said: 1.-THE count may
proceed and we will reserve our decis-
iOn.''
The contest court this morning grant
ed an extension of time to the attOr-
neys for Mr.. Cook in which to file their
amended answer. They promised to
have it ready by o'clock this after
noon.
This amended answer includes the
charges made by the somewhat motor
iOus Fletcher Helm of Silver Lake.
They set forth the fact that Helm play
ed traitor to Mr.. Kepley and received a
check from him to pay for liquor to be
used in that section. He afterward
gave the information to the Republi-
cans. 1t also includes an agreement
which was to have been made between
Riley Ayers, who was defeated for the
nomination by Mr.. Cook. and Ny.
Kepley, but which was never signed.
The answer recites specific instances
in which liquor was given away by
Under Sheriff Lucas, Deputy Larry
Sheehan and others. 1t also charges
that Kepley engaged to pay the board
of man named Emmons at a Topeka
hotel until after election day and that
he voted in the Second ward, though he
was not a legal resident of Topeka.
Nearly all the names of the parties
to whom it is claimed liquor was given
are cOIored. They will be summoned to
testify in the case.
The court today fixed next Saturday
afternoon as the time for the opening
arguments on the ballots which have
beeen objected to. It is thought that
the count will be completed by that
time and then the defective ballots will
be examined and the argument on all
the ballots objected to from any cause
will be made.
This will defer the taking of evidence
until next week.
The amended answer in the Cook
KepIey contest was filed at o'clock
this afternoon. It includes % separate
charges and covers 10 pages of legal
cap.
After dispOsing of the Fletcher Helm
matter and the Riley Ayers agreement
which was never signed, it specifies in
the sixth charge that Robert B. Kep-
ley promised G. W. GrisWOId of Tecun-
case he would electiOneer for Nlim. In
the next charge it is stated tat Kep-
ley, himself gave John Ostrand of
Menoken two more K 9gS of beer to be
distributed among his friends to in
huence their votes. The names of these
friends are not given.
In the next charge it is asserted that
KepIey, through his agent, Larry Shee-
han, supplied Golden Cunningham and
Link Gordon of Soldier township two
kegs of beer to be distributed to voters |
The next is that through his agents. |
Bert lucas and o. e. Hungate KEEP
ley gave to Mark Isaacs, Louis Gray
and Bob Marshall two gallon jugs of
whisky and one keg of beer to be dis |
tributed to voters. The names OF the |
following voters are given as those who |
received some of the liquor: Mark |
Isaacs, Green Cre2ger, A. D. De-
frantz. Sam Hanks, Andy Williams, |
Harry Adams, Jackson Warren, Otis |
Hungate, Bert Lucas. Pickle Moss, |
Mans Moss. Merryweather, Tom War |
ren, T. Harper-au colored except |
three. The same names appear in sew
eral other lists as having received nq- |
uor.
Kepley is next charged with furnish |
ing free to Andy Dupree for distribu-
ton three kegs of beer which were dis |
tributed Oct. 10.
In the 18th charge it is claimed that |
Kepley was present at beer party on |
October %
In the 14th charge it is claimed that |
George H. Evans and Jerry White dis |