Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1897-09-18
CUsHwA VERSUS LAMAR.
Judge Faulkner Decides in Favor
of the Contestee.


of the Contestee.
One Of the first acts of Hon. E.
Boyd Faulkner, Tuesday, after deliv-
ering his charge to the grand jury,
was to decide the celebrated contested
election case Of Cushwa vs.. Lamar in
the court by certiorari from the City
Council
Readers OF the Herald are aware
that at the municipal election in May,
Mr.. c. NJ. Lamar, Republican nominee
in the Second ward, was reported elect
ed by one majority. Mr.. H. S. Cush-
wa, Democratic nominee, demanded
recount which resulted in giving Mr.
Lamar majority of four, the vote be-
ing 242 for Lamar and 23S for Cush-
wa Mr. Cushwa instituted contest
and upon the proceedings before the
council, was declared elected by one
majority. This was obtained by
counting for Mr.. Cushwa a ballot that
had been rejected, and by throwing
out the votes of the two Baseys,
Thompson and Martin Ross. The
Baseys had been voting and paying
taxes in the corporation for almost 20
years, there was a question about the
residence of Thompson and Ross was
charged with being a pauper
In their argument before the court,
attorneys for the eontestee relied upon
what they alleged was an error of at
torneys for the contestant in not filing
a bill of exceptions. His honor dis
cussed that phase of the case fully,
showing that the record was complete
with frequent references to the testi-
mony, giving the names Of witnesses,
thus identifying the testimony. One
Of the ballots counted for Cushwa (the
Phil Sayles" BALLOT vas decided to
be good, while another marked with
a cross on the face, but counted for
Mr. Cushwa. was rejected
There being no evidence to show
the location of the boundary line of
the corporation in the vicinity of the
Baseys, and they having voted and
been assessed in the corporation for
many years, the action of the council
was reversed and their two votes CIV
en- to Mr. Lamar.
The votes OF Thompson and Ross
not being required, the court did not
pass upon them, but remarked that as
Ross had received aid from the coun-
ty, he was undoubtedly subject TO the
charge of being a pauper.
After condemning the action OF the
council in requiring parties to disclose
how they voted, without making a
case of fraudulent voting against
them, the couri declared Mr.. Lamar
entitled to his seat in the council.
Mr.. S. W. Walker, of counsel for
Mr. Cushwa announced that he and
the gentlemen associated with him.
Senator Charles J. Faulkner and d. c.
Westenhaver, Esq, would consult as
to the advisability oftaking an appeal
In the meantime, Messrs. L. S. G.
Pitzer and II. II. Emmert, counsel for
Mr. Lamar, announced that they
would prepare an order in the case.
Thus ended one of the most peculiar
of the many contested election cases
with which the city has for years past
been afflicted. The high character of
both gentlemen and tbs desire on the
part of each to arrive at a correct de-
termination OF the many intricate
points involved, invested the case
with more than ordinary interest
While the action Of certain members
Of the council was grossly partisan,
there was no ill-feeling on the part Of
contestant and contestee and now that
the case is ended, let us hope that it
may be the last.
IATrR. Counsel for Mr.. CushWa