Show 1 WHY KORTH KORT PETITION FOR MANDAMUS MANDAMUS I WAS TURNED DOWN IN DISTRICT COURT I Judge George o or Armstrong r of the district dill dis court Saturday denied tho the ap application application ap- ap pH cation on behalf o of W. W T J. Korth to compel A At A. Hill chairman and Mr Mrs Zinn Zina B. B Reid Heid secretary of the Democratic committee of the tho third thirl ward to place the nit name of or Korth on the certificate of ot nomination for tong long on councilman instead of ot that of John The Tho iu judge tt heard beard D. D H. H Wenger attorney for or K rth an and without argument argo- argo ment for the thc defense dismissed ed the tho application ap ap- ap for writ rit of mandamus saying that the tho application had not nJ made do out their case The rh law Jaw requires the tho judge stated that before i issuance of ot writ of ot ma mandate late there mu must t bo ho no doubt whatever r as to tho the of grounds and in in thu this Uis case cae he found serious doubts as to the proof of oC flue tho allegations It was n contended u ed 1 by tho the applicants that flint Korth orth had been fairly elected It by bythe the tue Democratic caucus The principal l witness o for fur the applicant was HI D. D I P. P Felt Kelt who lid ills not give quite quilo the evidence evi cd dence expected Mr r. r Felt qualified his previous statement that that- he lie bad had placed name in nomination and ana that his motion had carried l by r acclamation He that he be lan had merely 1 a aed the privilege of the tho convention coi to to place the name in nomination aud awl that such privilege Ic logo lege o had been accorded him The witnesses for Korth besides Pelt Felt were Maxwell P. P Brothers Richard P. P Morris Dou Douglas I 8 A. A Swan San M. M J. J Charvoz William T. T Samuel Dowse anul the applicant For the defense Perley Pede A. A Hill Mrs M Reid H. H J J. Hayward Mrs rs i Elizabeth V r Hayward Mrs G. G C. C Kei cr crand and D. D II it Nobler i Brothers Korth Korth's s 's attorney said after r tho the hearing that that- he lie was thoroughly thor hor satisfied with tho the decision and Hul i that on the evidence c presented the tho judge fudge could not have acted otherwise ille He lIe was disappointed however in the unexpected change chanse in testimony I It was on 00 an un affidavit it signed bv liv D. D P. P Felt that the tho attorney for Korth trusted most iu in apP applying inK for the writ of or mandamus The testimony of or Mr r Felt on the witness stand did not quite finite conte conic come up UI to their expectations Below T air nir printed tho affidavit it si signed b. b by Mr r. r Felt and th the transcript of the thc te ti timon mon given hn by him hint in the courtroom 3 as reported b by th the o official court I W. W H H. H Folland Fulland 1 |