The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1901-01-18
UPSON WINS.
Judge Cray Hands His Decision
on the Election Contest.
Finds That Epson is Entitled to 5O2
Votes Against 500 For
Hughes.

Shortly after dinner Saturday Judge
Cray handed in his decision in the
matter of the contest by Robert S.
Hughes against Elliot A. Epson for
the office of county commissioner for
the third district.
The paper in substance is about as
follows: 1t was found that in the
several towns and election districts 492
legal and proper ballots were cast for
E.. A. Epson and 1856 for R. A.
Hughes All of which said ballots so
voted and cast for both of said candi-
dates were exclusive of the 80 votes in
question, and that the 80 ballots filed
in evidence and marked as exhibits in
evidence were cast and voted by
qualified electors as follows:
That the ballot cast in the town of
Cambria which had the words 'R
Is. Hughes written upon back of same
be counted for Mr.. Hughes. That the
ballot in the town of South Bend with
the name of "John Rhodes written
upon it and had also cross mark in
the space of the name of r. S. Hughes
should not be counted for Hughes
That the ballots cast in the towns of
Lincoln and South Bend which had
the cross mark on the line just below
the names of the county commits
sioners, should not be counted for
either contestant.
That the ballot cast in the town of
South Bend with the figure opposite
the name of R. S. Hughes and the
zero mark opposite that of e. A. Up
son should not be counted for either
contestant.
That the ballot cast in the town of
Lincoln for R. S. Hughes where across
the cross mark is drawn another line,
should be counted for r. S. Hughes.
The ballot cast for r. S. Hughes
in Judson where the cross represents
V, is to be counted for him.
In reference to the ballots cast in
South Bend where the name of Chas.
NJ Jaeger is marked across the back,
the paper reads: "That one of the
judges of election, being absent at that
time from the polling place and said
Yaeger being a Democrat and being
then one of the clerks of said election,
signed his name thereon, acting as
judge of election, without any interest
to identify said ballots or commit
fraud and being of the opposite poll
tical party from the remaining judges
of election, he so signed his name
upon the same at the request of said
judges of election an d said ballots
should be counted for r. S. Hughes.
Exhibits ga" were not counted for
either contestants Exhibits B, G, and
D votes cast in Butternut should be
counted for Epson. Exhibits E, F,
G, II, l, and K cast in Lake Crystal
are to be counted for Epson.
In summing up the Judge says
"That at said election 500 proper bal
OTIS were cast for R. S. Hughes and
500 proper ballots for E. A. Epson.
AS conclusive of law, it is found, that
the contestee E. A. Epson is entitled
to judgment against the contestant
R. S. Hughes That the same, E. A.
Epson was at the general election held
in and for the county of Blue Earth
on the 9th day of November, 1900,
duly elected county commissioner for
the third commissioner district, and
for his proper costs and disbursements
herein to be taxed.
Thomas Hughes appeared for R. S.
Hughes in this case and D. A. Reed,
W. E. Young and Pau & Pau looked
after the interests of Mr.. Epson.
The case most likely will be ap-
pealed.