Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1900-12-21
(WHICH AND rOruER."

(WHICH AND IOTHEK,"
Judge Moore Decides the Contest Over
Sheriff-s Office in Favor of Jensen.
In the election contest case of G. l..
Jensen VS.. Edmund Petty change of
venue was taken to the Eighth circuit
and the case came before Judge Moore
at Sturgis last Friday. The defendant
failed to appear to make answer to the
complaint, and the court, after hearing
the complaint, rendered judgment in
favor of Jensen and declared him the
legally elected sheriff OF Fall River
idmpty. The contest was started be-
cause of Irregularities in few voting
precincts in the county, mostly through
failure, to in any way comply with the
registration law. Judge Moore's judg-
ment in the case reads in part as fol-
lows:
sit appearing to the satisfaction of
the court that more than 10 days have
elapsed since the service of said notice
of contest and that the defendant and
contestee, Edmund Petty, has failed to
appear or answer said notice of con-
test and that he is in default therein,
and it appearing to the satisfaction of
the court that all of the material al
legations of the contest are true, hav-
ing been admitted by such default,
now ON motion of Ed l.. Grantham
and Rice and Polly, attorneys for con-
testant, no Incorporating for contestee
it is by the court ordered, considered
adjudged and decreed, that the above
named contestant, Christian L. Jen-
sen, has majority of the legal voters
of Fall River county for the Office of
sheriff of said county, and that he is
entitled to hold said office for the
term of two years, commencing on the
seventh day of January, a. d. 1901,
upon taking the oath of office and
furnishing bond to be approved by
the board of county commissioners of
Fall River, as by law provided" The
order is signed by Joseph b. Moore, as
Judge of the Eighth circuit.
LArER-The Pioneer-Times has the
following later reports of the contest:
the order givingeL. Jensen the
sheritf's Office ixfl'alI .iver county in
Tie Jenaa.ei.efiy case. 1t is announced
that an agreement had been reached
between the attorneys on both sides,
whereby time was extended to allow
Petty to get i'll his answer the notice,
and waivng certain points of practice;
that the plaintiff nled an affidavit of
prejudice before Judge Mc(iee without
notice to the defendant, and secured
Judge McGee's order calling i'll Judge
Moore to hear tho matter under an
utter misapprehension on the part OF
Judge McGee. The application to
have the default Judgment opened viii
be made at the earliest opportunity
Chambers Kelar, of Moody, Kellar 8
Moody of this city. is attorney fol
Petty
Col. Kellar went to Deadwood th,
fore part of the week in the interest o
his client. Mr.. Petty. and declares tina
the whole matter was misrepresentet
to Judge Moore. who is indignant ant
mains for the attorneys for Mr.. Pett.
to satisfy the Judge whether there wa
any stipulation as to time for hearin,
the crse and prove their contention o
deception upon the part of Mr.. Jen
sens attorneys. This Mr.. Jensen say
they cannot do and that he has som
witnesses who will testify that the
heard no stipulation at the tim
claimed by the other attorneys Shoul
Mr.. Petty be successful in having tn
case reopened the entire contest cas-
= would belheard before Judge Moore a
to the throwing out of certain votin
precincts of this county upon th
charge of failing to comply with th
election law. Really the case is gettin
to be interesting.