Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-04-28
CLAIM FIFTH WARD BALLOTS
NOT PROPERLY KEPT; DEMAND
NO RECOUNT.
ALLEGED THIS lRREGULARlTY
INvALlDATEs ENTIRE CONTEST
Envelope Containing Votes Of This
Ward Found to Have Been Left
Partly Open, So Hand Gould Be
Thrust Into lt-Derby Claims This
is Violation Of Law.

over the seat in the council to which
L. Derby was elected, opened this
morning in the council chamber with
Mayor W. H. Jones, sitting as judge,
and IS. F. Cummings and Robert john
son associate judges. Mr.. Cummings
represents Mr.. Derby and Mr.. Johnson
was the associate chosen by Mr.. Lamb.
J. L. Carney is appearing as Mr.
Derbv's attorney. and +. E. Northup is
| Mr.. Lambs counsel
Just how long the contest will con-
tinue is uncertain. 1t opened by the
J taking of evidence, in support of and
against the claims made by the con-
testant, OF alleged irregularities in the
voting and the conducting Of the cleo
ton at the various polling places.
Find Ballot Envelope Open.
| The chief development of the morn
| ing session of the contest court was
| the fact that the hoX-lilse envelope
which contained the ballots cast and
counted in the Fifth ward had been
improperly closed and sealed which left
a part Of the top of the envelope open.
! This opening extended entirely across
| the top Of the envelope, and it was
demonstrated in court that the opening
| was so large that a mans hand could
| be thrust into the envelope and the bal
| lots easily reached. Examina ton OF
| the envelope developed the fact also
! that this opening was caused by the
! fla ps of the envelope not being proper
~ closed and laced with the tape at
| taclle for that purpose.
Attempt to Knock Out Recount.
| The vote of this entire ward is to be
| +61 NV, of< No
VIII seek to have no recount made be-
cause Of this alleged irregularitv in
the manner in which the Fifth ward
ballots were preserved since election.
The contention will be made that it is
| improper to recount the votes Of the
city election when the ballots Of one of
| the wards were not preserved as Speci-
| fed by law
Hole in Spoiled Ballot Envelope.
! Another less important alleged ir-
| regularity in the manner of preserving
i the spoiled and unused ballots of the
| Fifth ward was also found. When the
| envelope containing the two spoiled
ballots and the unusual ballots was
exhibited it was found to have hole,
about as large as a. dollar, in the side
on which it had been sealed. Frank
{ Binganan, one of the election officials
of the ward, said the hole was burned
while sealing it, and that until they
were stuffed farther in, the corners Of
ballots were sticking out Of this hole.
This envelope contains two spoiled bal
lots. Bingaman identified the envelope
as the one he sealed, but on its front
side it was marked for the Fourth
ward Bingamn had not noticed this
before, he said.
Seek to Establish Claims.
Claims of irregularities in voting.
which were set up in the allega tons of
Lambs contest, We're sought to be
proved by witnesses this morning Two
of these We're in the Third ward. One
was that A. z. Myers. a cripple. was
allowed to vote outside the polling
| place, and that Monroe Arson, who has
defective eyesight. voted with the
| assistance Of but one judge instead of
two. Neither of these two men was
put on the witness stand this morning.
D. S. Good testified as to the manner in
which Ny Myers voted. by two cleo
ton officials going 10 his buggy which
| was at the curbinS in front of the poll
ing place. and receiving the ballot Ed
; White. who was not an election offcia:
Of the ward. testified that but one judge
accompanied Arson into the voting
booth.
Another alleged ir-egu!arity in the
method Of conducting The election in
the First ward was sought 10 be proved
by W. E Nicholson. He testified that
Fred Rubee, an election official Of the
First ward, handed him a ballot al
ready marked. He returned il. he said
and called for another which was given
him and which he marked and voted.