The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-03-24
LIQUOR AND
CIGARS
Used by Stuart's Friends on
Election Day
According to the Testimony of
Several Witnesses.
RECOGNIZING BALLOTS
All of the Ballots Cast In Brown
County Last Fall
Brought to Topeka In a Trunk
and Gone Over by the Senate.

Sensational developments were looked
for by the senators when Captain John
Schilling, of Hiawatha, was put on the
stand in the Falloon-Stuart investiga-
ton. Considerable disappointment was
therefore evident when Captain Schil-
ling retired after three minutes testi-
| mony without giving away a single
| Republican secret.
Captain Schilling is one of the old Re-
publican wheel horses of Brown county.
| He has lived there AZ years, and during
| the most of that time has been active
in politics. He has been used to hav-
| ing things pretty much his own way for
! years in his own county, and last fall
| when he and Leland ran up against
| one another in the struggle for the jul
| dicial nomination there was a clash.
| They had been ancient enemies and he
had a good many things laid up against
| Leland, and it was confidently expected
/ by both sides that he would take Oc-
casion to work off a lot of political bile
when he got on the witness stand. But
| he didn't, and Mr.. Leland, who was
| sitting behind Judge Stuart, was as
| much surprised as any one.
The only evidence elected from Cap
| tain Schilling was that S. L. Ryan, of
! Hiawatha was Stuart's law partner
| and had managed his campaign for him
! in Brown county. 1t was expected that
he would tell about the use of cigars by
Ryan in Stuart's behalf on election day,
but he disclaimed all knowledge of any
such transactions.
Just as he was leaving the stand one
of the senators asked if he was a men,
Der of the senate in 1891.
Il was" answered Captain Schilling.
Ibid you sit in a judicial contest?"
81 did,
WAS there an appropriation for the
contest?"
There was"
Did you sit before or after the legis-
lature adjourned?"
After it adjourned"
The senators smiled but their smiles
We're cut short by Captain Waters ask
ing:
WAS this an impeachment case?"
"And it was done by and with the
consent of the house,"
1T was"
that he, in company with others, asked
S. L. Ryan for some Stuart cigars.
Ryan replied that he had none but for
the crowd to go to Girard's cigar store
and they could get some. They went
there but were informed that the STU
art" cigars were all gone. They met
Ryan a short time afterwards and told
him the cigars were gone, whereupon
he pulled out a quarter, gave it to the
witness and told them to go and get
some cigars.
On cross-examination it developed
that this transaction took place late in
the afternoon after all the crowd had
voted.
George Corning, a brother of Dell.
testified that instead of getting cigars
they bought whisky.
Joe Brown, of Irving township, Brown
county, said he (StuarD met him in the
road one day and asked for his support,
but he would not promise it, and Stuart
gave him a cigar.
John Alfrey. who was the Populist
judge at Highland station, Doniphan
county, on election day testified that
O. c. Corcoran, a Republican guard,
circulated a bottle of whisky in the
voting place at Highland station. The
object was to show that there was
carousing around the polls. Thomas
Armstrong testified to practically the
same thing, and also that he was given
liquor in Leland's store at Highland
station.
I'm whose interest was this liquor
given out?" was asked.
so far as had any knowledge re-
piled the witness, sit was for Stuart
Mrs. D. P. Leslie, county clerk of
Brown county, was next called on. The
object in subpoenaing her was to bring
all the ballots cast at the election in
Brown county into the senate to be re-
counted. Mrs. Leslie had a large trunk
full and a valise besides at the Cope
land, and the sergeant-at-arms and an
assistant were delegated to bring them
to the state house in the presence of
Mrs. Leslie.
After the ballots had been brought
over there was considerable wrangling
as to how they should be counted. Some
of the senators wanted seven commit
tees of three each appointed, each to
count a precinct at a time, and in that
way to hurry the count through, but
Captain Waters objected to that plan
as he wanted a chance to keep watch of
the count in all precincts
At length it was decided to make the
count one precinct at a time. Senators
Cooke and Sheldon opened the ballots
which were submitted to the attorneys,
Senator Campbell announced the vote,
it was recorded by Sol Long and John
Waters, and other senators again strung
the ballots.
Before the counting of the ballots be-
gan A ]. Whitmore, chief clerk in the
secretary of states office, was called
to the witness stand with the official
record of the vote on judge which was
taken down by precinct 1t showed that
Doniphan county gave Stuart a ma
jority of 6O6, Brown county gave Falcon
329, and Nemaha gave Falcon 20, MAX
ing a net majority for Stuart of PSI.
The counting began at $40 and was
kept up. with a recess for supper, till
1890. The senators changed shifts
occasionally as they became tired.
At 1870 nine precincts had been
counted and in five of them there had
been changes. Contrary to expecta-
tions, however, all the changes were in
Stuart's favor. He gained seven votes as
follows: Hiawatha, First ward, 2;
Irving. 2; West Horton, l; Carson, 1;
Padonia, 1.
The count recommended at O'Clock
this morning, and Falcon began to re-
gain what he had lost last night. 1t
became apparent that there were no
glazing discrepancies in the original
count, as it had been rumored there
had been.
When the count was completed at
noon Falcon had gained back just the
number he had lost, so that his ma ority
remained at 329. Not a thing had been
gained by recounting the ballots further
than to quiet the rumors that there had
been glazing errors in the original count
This includes Willis precinct, which