The Topeka state journal., 1897-12-07
FIGHT OPENS
Between kepley and Cook as to
Which One
Was Legally Elected Sheriff at
the Late Election.
ARGUMENTS TODAY
Were on the Question as to
Whether
Giving Away of Liq uor Should
Enter Into the Controversy.

The Cook-KepIey contest for the Of
fee OF sheriff OF Shawnee county was
formally opened at $50 this morning
The three judges Of the contest court,
Probate Judge DoIman.A- w Dana and
John F Switzar sat behind long table
carried in from the Office OF the county
superintendent OF public instruction
The old benches which were used in the
old court house We're used for the spec
tGtors while the attorneys were group
ed On either side around two painted
pine tables The sIttings are being
held on the third floor OF the court
house in G. A r Memorial hall which
has never before been used
When Judge Dolman raped for order
there were about . people in the rOOms
most of them being ward workers
Judge Horton. t F D0ran and w =
ScEOch sat with Mr.. Cook TO the left OF
the judges Directly IN front OF them
sat Ar- kepley with his attorneys, Eu-
gene Haganr .. Z HungaLe and John
c. Waters Nj Hagan arose and ex-
planned that ne wished a few hours
time in which TO file some motions At
tOruey DOrau objected TO any postpone
Uleut whatever He said that the at
tOrneys for Nepley had not taken ad-
vantage OF the time given them and II
was not the fault OF Mr.. Cook or his at
torneys-
Probate Judge DOIrnan consulted with
his associates and then announced that
they would grant a p0stpOuemenC until
O'cIoc1 this afternoon We want no
more delays said ne and WheU we
convene this afternoon let the contest
be hurried through without any further
delays
The motions that the attorneys for Mr.
Kepley filed this afternoon are in refer
ence 10 the dLspensiuE of liquor charged
by the attorneys for Mr.. Cook They
claimed that whether or not liquor was
served cuts no figure in the present
la
vl1es that in case liquor has been
used in ar election the fact can be used
against q successful candidate 10 de-
clare EllS once vacant out that It can
rot be used when the candidate has
been defeated on the face Of the re-
turns This point Is raised by @. c.
Clemens who was employed by ATr-Kep-
ley today This IS the first motion
which Is in the nature OF a demurrer TO
the answer Of Mr. Cook If Mr. Cooks
answer is held 10 not be good il viii
cause an adjournment until q new an
sWer may be filed
The second motion 5 TO be argued in
case the first motion fails Il is 70
strike out that portion Of the answer
which refers 70 the giving away of Il
quor-
The third motion Is 70 make the petit
ton more definite and certain The
attorneys for kepley claim that when
the charges are made that liquor has
been used it should be stated when 1t
was used and by whom.
This is the preliminary skirrnish
Ihe arguments Will probably not be
completed before evening and perhaps
not then It IS fight to make the con
test simply upon the question of lAzaI
or Illegal votes
Il Is reasonably certain that the Civ
Ing away OF liquor VIII not enter into
rhe contest It IS believed that in case
the recount shows that enough KepIey
votes were marked on the three places
on the ticket TO change the result the
contest VIII be dropped BY M Cook
on the other hand If It IS found By the
recount that not enough Of rhasa
marked ballots were thrown out TO
change the 126 majority in Mr. Cooks
favor. the keplsy attorneys viii give
UP Che fight This has not yet devel-
oped but the Information comes from
reliable parties on both sides
Ire recount will probably be CCmpIat-
ed IN day There viii be discussions
and objections by attorneys which NAV
proloEE the count but II should be def
uiteIy decided one way or the other IN
two or three days