The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-03-23
To-DAYs TESTIMONY.
Relates Many Incidents of Election
Day Said to Be Illegal

Three more senators were present
when the senate met at o'clock this
morning to take up the FaIloon-Stuart
contest, making a total of 25. The addi-
lions were Senators Hanna, Helm and
Campbell.
Mr.. Overmyer, acting for Judge Fail
loon, submitted the names of 16 wit
neSSeS who had refused to attend the
investigation, and asked that the ser
geant-at-arms be sent after them with
warrants to compel them to attend.
This proceeding would bring the mat
ter at once into the supreme court if
the witnesses should still persist in re-
fusing to appear. which the senators
wish to avoid at this time.
After considerable discussion and eau
cusing a couple of times-the senators
called them consultations instead OF
caucuses-it was decided to send for
the witnesses. They are as follows:
Frank McKernan, Chas. Mcconnell,
F. w. Quick, Dan Hargis, John Triplet
Ike Cleary, John Hughes, D. P. Leslie
Woodwork. Frank Castle, Marsh KEEL
ley, Lewis Girard, Henry Hughes, A. NJ.
Hamacher.
William Baldwin was then recalled
and placed on the stand. Judge Falcon
asked:
Did you request any liquor of Stuart
on election day?"
Yes"
Estate the conversation? 90
Mr. Baldwin then testified that he had
asked Mr.. Stuart if he had anything to
drink Mr.. Stuart replied that he had
not because it was against the law for
him to keep it.
Mr.. Stuart said if I could find Char
les McConnell, continued the witness,
he thought 1 could get something. Nc
ConneH came along about that time I
followed crowd into the back end of
Leland's store and they passed a bottle
around
named few of the men who were in
the crowd, but said he did not know who
passed the liquor around. He said
Stuart was not present in that mart of
the store at the time, and he did not
think any of Leland's men were con-
nected with it.
James A. Traut, a Democrat of Troy.
who was chosen to challenge Illegal
voters on election day, was then called
! to prove illegal voting at Troy in Stu
| arts favor. After some preliminary
questioning, Judge Falcon asked:
| What did you see Judge Stuart do
| with the official ballots after the board
| had organized?''
Il saw him give ballots to voters as
passed out fifteen or twenty such bal
| lots, possibly more. 1 objected and he
desisted. Some of the ballots were
marked and some were not"
| Did you see anyone else pass out
ballots other than the judges?''
$ n johnson passed ballots from
| the judges to electors"
! The contestee, to prove that a drink
| ing place was maintained by the friends
| OF Mr.. Stuart, ELECTED from the witness
! the fact that the election was held in
| the probate court room, while the regis
| ter of deeds office near by was kept
| locked part of the time with the cur
| tains drawn, while a stream of men
| kept going in and out, but the witness
| would not swear that he knew drinking
was going on in there. The deputy
register of deeds, A. L. Perry, is a reIa-
| tive of Cy Leland, but the senate did
| not allow this fact to be brought out
| The witness also testified that Leland
| brought young man by the name of
| Anderson into the election room to vote
| His vote was challenged. as the witness
| swore he was only II years old The
| judges told the boy he would have to
| swear his vote in. and Leland raised
| his hand for him and told him to swear
Leland also told the judges that the
| boy would need Assistance in prepar-
ing his ballot, and one of the judges
went into a booth with him
! Another point brought out and sworn
! to by the witness was that Mr.. Forrest
| the Democratic clerk, was taken sick
| while the votes were being counted
| Wednesday morning, and the count was
delayed for five hours. w. r. Swinney,