Marietta daily leader. (Marietta, Ohio) 1895-1906, 1898-05-06
MARIETTA DAILY LEADER
FRIDAY. MAY 6. 1893
GARRISON ouSTED.
wittlig's Flop to Marsch Settled the Cor
tested Election Case.

wittliG's Flop to nIarsch Settled the Corr
tested Election Case.
According to adjournment Tuesday
evening the City Council met Thursday
to take testimony in the Marsch-Garri-
son contest for Councilman in the First
Ward. Members in their seats were
Bachman, Garrison, Wittlig, Cochlan,
Haddox, Lambert, Davis, Wood, Traut-
man. Blume, Pfaff.
Upon motion Of Trautman it was de-
cided to observe the usual court rules
and the Mayor administered the oath &c
witnesses.
Attorneys Kraft and Danford APP
peared for Mr.. Marsch and A. D. Fol-
lett for Mr.. Garrison.
In his opening remarks Mr.. Kraft
stated thot the contest was brought on
the alleged ground that an illegal bal
lot, marked with blue pencil, had
been cast for Mr.. Garrison. Mr.. Follett
entered general denial to the more
important allegations of the contestant
The first witness called was City
Clerk Carl Becker who testified to hav-
ing received the returns of the election
from the election judges in the First
Ward, showing a tie vote between Gar
rison and Marsch. He had also received
an envelope containing three ballots,
one marh ed with a blue pencil, with a
memorandum on the back: This ticket
was counted" No signature of any
election officer appeared.
Henry Cherry, presiding judge in the
first ward, testified to the delivery of
the returns to the Clerk, but could not
identify the blue marked ticket
Fred Meister, one of the Democratic
judges, was called and was asked about
the ballot in question. AT this point
Mr.. Follett objected to the introduction
of the ballot as evidence and in clear
and forcible argument maintained his
position, showing that the ballot was
required by law to be sealed up, and
sent to the Board of Deputy Supervisors
of Elections, with statement from the
election judges that it had or had not
been counted and if counted, what part
thereof and for whom. No claim was
made that this had been done, the at
torney for the contestant alleging all
such alters to be mere "techLicalities'
and quoting simply the law which re-
quires ballots to be marked with a
black lead pencil.
The question upon Mr.. Follett's OBJ
lection was decided by a strict party
vote, Trautman, Cochlan, HaddoX and
Wittlig voting to exclude the ballot.
which would have ended the case, and
the six Democrats present lining up
solidly against them.
The case was thereupon taken up and
one or two other witnesses examined.
1t had become apparent to every body
present that the question was to be de-
cided upon strictly party lines and the
proceedings caused considerable
amusement The attorneys for both
sides argued the case purfunctorily
covering ground only that had already
been much travelled. At the conclus
ion of the arguments Mr.. Trautmar
moved that it be declared the sense
of the Democratic members that Mr.
Garrison be unseated." The motor
was promptly seconded by Cochlan
but President Bachman refused to en-
tertain it,
Councilman Davis asked for an opin
ion from the Solicitor, who said tha
he did not feel il incumbent upon hin
to make any statement, but volun
teered briefly to give Council the bene'
fit of any knowledge he might possess
He held that the requirement that the
doubtful ballot be deposited with the
Deputy Supervisors was probably di
rectory and not mandatory, but that 8
failure to certify that it had beer
counted, and for whom, WAS as i'm
portant as the markings upon its face
Mr.. Wood arose and in short speech
said that there was no politics in the
matter, but was quickly answered by
Cochlan, who created some merrimen
by repeating conversation in which
Mr.. Wood had stated that he "woult
rather see Garrison in the Council thar
Marsch," but that his political future
would be killed if he voted for the
former.
Mr.. Trautman brought the meeting
to close by moving that Marsch b'
seated. The roll was called, and wher
Pfaff voted no, every body thought the
vote would be tie, 5 to 5, and tina
Garrison would therefore win. Coch
Ian, Trautman and Haddox furnished
three of the necessary votes, but Wit
tlig went with the Democrats, for thu
first time, and the vote stood six t.
four in favor of Marsch.
The BODY then Immediately ad