Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1903-05-09
DECISION is GIVEN
City Clerk Schaffer Must Pro-
duce AffidaVits for the
Grand Jury.
JUDGE GEsT MAKES RULING
Inspection of Ballots is Not to Be
Permitted, HOw-e
ever.

In the contempt of court matter
brought by the grand jury yesterday
against City Clerk H. c. Schaffer for
refusing to produce the ballots, poll
books and affidavits of the recent
election. Judge Gest ruled this morn
ing that the affidavits would have to
be brought forth for the inspection
OF the grand jury or the city official
would be held in contempt and dealt
with accordingly.
Only the affidavits are to be shown.
The order of the court does not eX-
tend to the ballots and poll books
Not all the affidavits are to be exhib-
tied, merely those from the precincts
where it is alleged votes were sworn
in Illegally. This includes the second
precinct in the Second ward, the first
precinct in the Third ward, the first
precinct in the Fourth ward, the first
precinct in the Fifth ward.
Opinion Is Oral.
No written opinion was handed
down by Judge Gest. He heard the
statement of the city clerk through
City Attorney Scott yesterday after
noon at o'clock and took the mat
ter under advisement This morning
he gave his decision orally substan-
tally as mentioned.
The grand jury now has the matter
in charge and nothing further will be
known of its progress until a report
is handed in, unless the city clerk
should still refuse to produce the af-
fidavits, in which case the contempt
n
him. The judge stated that nothing
could be arrived at in the question at
issue by an inspection of the ballots.
as by no means could it be ascer-
tanned by whom they were cast.
De Jaeger Case Up.
The jury in the case of Mons Mel
son vs.. Nels Wetsall yesterday re
turned Il verdict of 500 for the plain
tiff. During the afternoon the trial
of the case of Ottilie DeYeager. adj
minstratriX of the estate of AngeIus
DeYeager! who was killed in the yards
of the d.. X. & n w. was begun, IA
jury being impancled. The suit is
one for the recovery of $1,000 dam
ages and the plaintiff is represented
by w. Il. Moore. while the defendant
is represented by Sweeney e. Walker
and Lane & Waterman. At former
trial the case was dismissed on mo-
ton of the plaintiff after the evi-
dence was all in, in order that an
other case might bc started which
would eliminate flaw in procedure
that had been found The case was
laid over till Monday.
Bond Is $4,000
The bend for w X CrandaT the
Idefaulting Woodmen employee who
was brought back to this city Thurs
day night on an Indictment by the
grand jury. has been fixed at $1,000.
The money has not yet been raised
and Crandall is still connned at the
county Jail.
The grand jury adjourned today
until Monday without a partial report
and il may be another week before
the work of that body is completed.
Trial List
The trial list for next week in the
circuit court has been set as follows:
Monday-Lyman vs.. Rock Island
Sash & Door works; w. II. Moore vs..
d., r. /. q \. W. railway.
Tuesday-Thomas GowIing VS. Rock
island d Peoria railway; Ida Cherry
VS.. Tri-City railway.
William Rounds vs.. C.,
II. |. & p. railway; Henning Brewing
company vs.. Herman Schroeder; Rus
sell & Erwin Manufacturing company
vs.. NJ. NJ. Sturgeon; the United Brew
cries company VS.. a. J. Riess.
ursday-Anderson vs.. Republic
Iron q Steel company; Gingles VS..
| city of Rock Island and Rosentield
Bros; United Breweries company vs..
Chris Donohoo; Rooster vs.. Carstens.
Friday-G. q. Craig vs.. h. f. Wash
burn; j. +. Gustus vs.. {. w. Smith; j.
f. Gustus VS.. c. w. Smith.
General list-Bayard Holmes VS.. Jo-
seph McKenna; StowelI vs.. Spencer;
Schreiner vs.. Munro; Morgart vs..
Moody; Theus VS.. Scbnell; Hass VS..
Rock Island & Peoria railway; Hass
VS. Rock Island q Peoria railway.