Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1910-01-14

I
The following Is the fantastic demur-
rer Of the counsel for the defendant in
the election contest Of Compton vs..
Haisllp. good deal Of verbiage is
used, but the legal effect Of demurrer
ia law Is the admission Of the facts and
the denial Of the law to reach the case.
The sum and substance, therefore, Of
the paper is an admission Of the glaring
and Infamous frauds perpetrated, but a
denial Of the legal remedy sought to up
set the ALLEGED election. To this the
late epistles Of Mr.. John Z. Stone aud
his co-chum in election morals, Mr.. W.
O. Shaw, who lost his own ballot, be-
cause he could not mark it. ought to be
added to make the document an erudite
charm.
Alexander Haislip demurs to the pc
titions of the Plaintiff 10 the sa ID cause
ou the 4th day Of December, 1909,
for the following reasons:
First. Because said petition is entire
ly insufficient in law.
tanned in said petition ate insufficient to
support the relief prayed.
Third. Because Ia such a case pre-
sented by said petition this Court has
no jurisdiction to grant the relief pray
ed.
Fourth. Because it appears by the
Plaintiffs own showing by the said Pc
tition that he is not entitled to the relief
prayed BY the petitioner against the de-
PENDANT
Fifth. And the defendant not ~aiv-
ing his demurrer aforesaid, but wholly
relying thereon, doth further demur to
the third paragrah Of said petition and
for causes of demurrer showeth
Because the allegations contained in
said petition are insufficient to support
the relief prayed.
Sixth. And the demurrer notwaiving
his demurrer aforesaid, but wholly re-
lying thereon, doth further demur to
sub-paragrahs A, b, G, d, and G of the
said third paragraph of said petition,
and for cause of demurrer showeth:
Because the allegations contained in
said sub-paragraphs A, B, O, d, and G,
Of said third paragraph Of said petition
are insufficient to support the relief
prayed.
Seventh And the defendant not
waving his demurrer aforesaid, but
wholly relying thereon, doth further de
muir to sub-paragraph e of said third
paragraph Of said petition, and for
cause Of demurrer showeth
(a) That from the averments Of said
sub-paragraph z it appears that the al
legged ballots therein referred to as hav-
ing been wrongfully rejected by the
Judges Of Election were not folded as
required by law, and were lawfully
thrown out BY the Judges Of Election.
lb) That the allegations in said sub
parag aph Z do not show any Irregular
tiles, errors, or wrongful acts on the
part of the Judges Of Election in throw
ing out said alleged ballots was in all
respects proper and legal.
Eighth. And the defendant not waiy-
ing his demurrer aforesaid, but wholly
relying thereon, doth further demur to
sub-paragraph + Of the third paragraph
Of said petition and for cause OF demur-
rer showeth:
la) That the allegations Of said sub
paragraph F are too vague and indefinite
(bl That the allegations thereof fail
to show that the alleged ballots rejected
by the Judges as set forth in said sub
paragraph, were legal ballots and were
marked as required by law.
icy That while said sub-paragraph
AYERS that ballots marked in the square
opposite plaintiffs name were rejected
by the Judges Of Election, it fails to
aver that in other respects in conformi-
ty with the law.
Ninth. And the defendant not waiv-
ing his demurrer aforesaid, but wholly
relying thereon, doth further demur to
paragraph faurth Of said petition and
for cause Of demurrer showeth:
Because the allegations contained in
said fourth paragraph Of said petit on
are insufficient to support the relief
prayed.
Wherefore, and for divers other good
causes of demurrer appearing in said
petition, the defendant doth demur to
said petition and to the above mentioned
in several parts thereof especially. And
he prays the Judgment of this Honorable
Court whether the defendant shall be
compelled to make any further answer
to said petition or to any of the several
parts thereof; and the defendant humbly
prays to be hence dismissnd with his
reasonable costs in this behalf.