The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-22
END is in SIGHT.
Parker Hughes Evidence is
Completed Today.
The Duplicate Poll Books Are
Not Submitted.
MIGHT MAKE TROUBLE
Judge Hazen Tells Attorneys
They May Use Them.
Both Sides Apparently Fear
New Complications.
THE ARGUMENTS BEGIN
g. C. Clemens Opens the Dis
cussiOn For Parker.
Talk VIII Probably Be Com
pIeted on Tuesday.
Judge Hazen Tells Attorneys
They May Use Them.
Both Sides Apparently Fear
New Complications.
THE ARGUMENTS BEGIN
g. C. Clemens Opens the Dis
cussiOn For Parker.
Talk VIII Probably Be Com
pIeted on Tuesday.

The Parker Hughes mandamus case
that viii decide who is entitled to the
Office OF mayor OF Topeka viii be COM
pleted with the arguments This will
probably be some time Tuesday. The
evidence was completed before noon and
the duplicate poll books were not used
Judge Hazen feared that their use by
his order without a request from attor-
neys might complicate matters and the
case viii stand or fall on the poll books
filed with the city clerk
After thinking the matter over since
Saturday 1 am somewhat in doubt" said
Judge Hazen. 4 fully intended then TO
have the books placed in evidence but
see how such proceeding might COM
plicate the case more than it is now as
so far neither side has asked for the
books If either side does call for the
books they win be placed in evidence
but for me to call them into the case
would be an unusual proceeding and Tor
the present at least shall not do it,
Neither the attorneys for Mr.. Parker
nor Col. Hughes have asked for the dup
icate poll books. Both sides are some
what suspicious of them as no one
knows what they might reveal. OF
course if quo warranto proceedings are
brought in the supreme court then tho
duplicate poll books and everything else
which in anyway relates to the election
will be before the court Unless either
side asks for the duplicate poll books
then the present case win be upon the
two poll books in question and no others
will be referred to-
Councilman Miller from the First
ward was the first witness at this. morn
ing's session of the case His testimony
only corroborated that of other witness
es to the effect that the city attorney
advises the council to be governed by
the tallies.
Judge Hazen asked Mr.. Miller if the
members of the council disagreed as TO
the number Of tallies on the sheets. Mr..
Miller replied that the tallies did not
agree with the totals and that the only
disagreem ent was whether the talIies or
the totals should be taken
DR.. J. T. Mcfarland was in attend
ance upon the morning session of the
trial He sat between Mr.. Parker and
Col Hughes
ExMayor Drew was the next witness
called by the attorneys for Col. Hughes.
Nv hile YOU were mayor and a mem
Der of the council did you participate in
canvassing the returns of the city cleo
IT did" replied Mr.. Drew
What method did you employ2"
When there was a large majority we
took the totals and where it was close
we took the tallies-"
WAS there a chance for all members
OF the council to see the tally sheets %
Il don't think many of the council
men outside the committee examined
the tally books
Was there plenty of room around the
table If the councilmen had wanted to
examine the bOOks2"
on cross examination Mr. Ovar,,va,-
asked. The committee was appointed
to examine the returns and make "a re-
port to quicken matters and obviate
having all the cOuncilnen take time in
looking over the books2'
On redirect examination Judge Gar
Yer asked: AT the council meeting on
Saturday afternoon did anyone ask Tor
iurtner .Itl time TO examine the returns? ?"
OIr. Drew testified that he received a
report signed by eleven members of the
council that J. W. +. Hughes was elect
saturday afternoon. April 6. he issued a
certificate Of election and turned the Of
flee over to Col. Hughes
Sol Hughes was placed upon the
stand at m o'clock
You may state if you are in posses
Carver
I am" replied Col Hughes.
W hen did you take the Officer"
was there a meeting Of the council
April S2''
Yes
Did sai,o,l. you sign any papers as mayor?''
On cross examination Mr.. Overmver
said:
You attended the meeting Of tba
canvassing board?"
Yes"
You took part in the meeting?"
s'Yes"
you voted when YOU were declared
elected by one voter
1T was nine votes
Object" interrupted Judge Carver
That is not proper cross examina-
ton. announced Judge Hazen.
We rest" said Judge Carver
For rebuttal testimony Election Com
missioner T. f. Williams was sworn and
was questioned by G.. c. Clemens.
Have YOU the certified summaries
Tor the first precinct of the Second
ward and the third precinct OF the
Third ward2"
Il have"
please produce them
Object as not being an issue in the
case. said Judge Carver.
I'll hear the evidence" announced
the court