The Topeka state journal., 1901-04-20
Parker Mandamus Case Is Be
fore Judge Hazen.
DISPUTE THE TALLIES.
Poll Books Are Produced in
Court Room.
City Clerk Squires Is the First
Witness Examined.
Mr.. Warner Says a Tally Sheet
Has Been Altered.

The hearing of the mandamus case
to compel the city council to issue
certificate as mayor to Albert Parker
began before Judge Hazen at 9 q clock
this morning.
The attorneys on the two sides made
the statements OF their positions to the
court. The same contentious were made
IN the statements as in the arguments
for and against the motion to quash
the mandamus. The attorneys for Al
bert Parker claimed that the poll books
We're irregular and that on the face Of
the returns Parker had been elected by
a majority of II votes. The attorneys
for Colonel Hughes contended that the
tallies showed Hughes TO be elected by
8 votes.
No objection was made by the at
torneys for Mr.. Parker about counting
the tallies until the first precinct of the
Second ward was reached said Judge
Carver.
II was there" interrupted David
Overmyer. Il know what was done
-'
I suggest that the attorney he al
lowed TO make his argument" cried
Judge Redeem
Gentlemen said Judge Hazen as ne
to this without so many Interruptions
Judge Hazen asked Judge Carver
what he had to say and how he ac-
counted for there being more votes cast
in the third precinct of the Third ward
than the number OF names written In
the book by the clerks
I hardly know. said Judge Carver
Commissioned OF Elections Villains Is
among the witnesses and brought into
court with him the poll books OF the
David OTermyer replied TO Judge Car
Yer. he said. III was present an the
meeting Of the council and j remember
some things that happened We always
contended that the totals and not the
tallies should be taken. We found in one
precinct that a clerk had failed to make
his marks exactly together but that
should be counted. That was different
for the tallies were kept in a legible
manner We objected to the taking Of
the raihes when the council came 10
tallies which were unintelligible.
1t was 9.45 when City Clerk Squires
was called as the first witness
Judge Hazen announced that the
question before the court was on the
two precincts whose returns were in
contention
Judge Carver said he expected to have
all precincts looked into
i don't consider anything before the
court except those two precincts" said
Judge Hazen- We don't object TO look
ing into the returns from other pre-
cinctss" said Mr.. Overmyer.
we viii see if it Il necessary" an
nounced the court. but we don't want
anything before the court except what
city Clerk squires was placed on the
witness stand
Mr.. Squires explained about his re-
ceiving the returns the night Of election
and how the council canvassed the re-
turns.
The returns from the first precinct Of
the second ward were placed in evidence
-aE-A
attorneys crowded around it eager to
have q close view. The attorneys spent
quite a long time examining the book
After the canvass was gone through
with what was done with these re-
turns2" asked Mr. Cvermyer.
The committee made some endorse
ment on the back" replied Mr. Squires.
Was il fact that when first looked
at that dispute arose2"
The notation was by Councilman War
uer and Clancy that the returns were TO
be examined again.
rs this paper in the same condition as
when handed back to you2''
Yes"
The returns from the third precinct OF
the Third ward were produced. The same
notation was made on the back as on the
the other return placed in evidence.
Considerable time was spent as before
by the attorneys 1n examining the re-
turns.
During the time taken up with the
viewing OF the returns OF the judges
John Jones' one Of the cOiored poll
ticians OF Col Hughes camp edged be-
tween Hughes attorneys and viewed the
sheet from scientific political stand
point
We ofter this unintenigible sheet"
said Mr. Overmyer.
We'll, we object TO any of MIR. War
ner's comments" interrupted Judge
Carver
The endorsement is signed bv w. s.
Clancy and F. Roundtree" said ATr
Overmyer. which brought a laugh froua
the audience
AIr. SQuires read from the minutes of
the meeting OF the council when the
council met as a board OF canvassers.
Mr. SuulreS read from the report of the
committee that they found for Mr.
Hughes 6.541 votes and for Mr. Parker
$3.50 and that the male vote received nv
Hughes Was 2.l45 and the semaIe vote
219k The male vote for Parker ABB
and the female vote for Parker 2.1S9
Is 1t a fact that there was a dispute
precincts whether the tal1ies or the
judges figures should be taken?7 was
asked
There vas replied AEr. squires.
who was asked ~
THE city attorney"
What did the city attorney say7''
.He said that the marks should be
counted.
That If there was a dispute the tallies
should govern
Were any remarks made by the COM
mittee that they were unable to deter
mine the result OF the returns7'