The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-07-26
TO Be HOTLY CONTESTED
Candidate Black says the Election in
the Fifth District Was Illegal.

He Makes AFFIDAVIT That Is Voters
Cast Their Ballots Illegally-Notioe
of Contest Served on Mr.. Smith.
The Testimony to be Taken Before
Justice Sheftall Next Tuesday-The
Governor Telegraphed to Stop the
Commission.
There is going to be a lively contest
over the election for justice of the peace
in the fifth district, in which Mr.. John o.
Smith was apparently so successful last
Saturday.
The most active man in the contest is
Samuel Black, colored, who was one of
the foremost in the contest, and who re-
ceived, according to the count, the second
largest number of ballots cast.
He made an affidavit to the illegality
of the election yesterday before Clerk J.
K. P Carr of the superior court in which
the clerk was requested to- return the
ballots for the purpose of the contest.
Black charges that the election of Mr.,
Smith was illegal, on the ground that IL
legal ballots were cast, and he claims
that it's illegality can be clearly proven
by a resort to the ballots, which he pro-
poses to make.
Black is represented by Barrow & Os-
borne, who filed the affidavit in his behalf,
and in it are named the parties who are
obliged to have cast illegal votes.
The object of making the affidavit was
to get the clerk of the superior court to
keep the ballots together and with them
a list of the voters, these to be held for
the purpose of the contest which Black
proposes to urge.
THE PAPERS SERVED.
The notice of contest from Black was
served upon Mr. Smith yesterday by
Deputy Sheriff Chas. Goldman, of the SUI
perior court, and the governor was tele-
graphed to withhold Mr. Smith s commits
sion until after it had been determined by
the contest to whom it rightly belongs.
In the election MIR. Smith received A
votes and Black 36. If Black can prove,
therefore, that nine of the votes cast for
Smith were cast illegally, he having the
next highest number according to the
count. win be given the Office as the leg
ally elected candidate.
Black has given the names of eighteen
voters whose ballots he declares were ille-
gally cast. No other grounds of contest
are given, though others have been men
toned as sufficient to Justify an appeal.
The testimony in the case will be taken
before Justice Thomas j. Sheftall next
Tuesday at 10 o'clock, at the Office where
the election was held.
THE ORDINARY TO DECIDE.
Judge Sheftall will take the testimony
down IN writing and after it is all in he
will turn it over to the ordinary, who will
decide the election in favor of the candi-
date who is shown to have obtained the
largest number of legal votes.
None of the other candidates have filed
any notice of contest. 1t is probable that
| If any of them stand any chance, Black
will be the man, as he was second on the
| list, and it is perhaps for this reason that
none of the other candidates have seen
| fit to enter their protests.
The election, according to all accounts,
was one of the most interesting and anus
| ing ever seen in the history of Chatham
| county, and there is no doubt that the
| testimony given before Justice Sheftal
! will prove of the same nature. 1t is
! claimed that the voters mentioned in the
affidavit were notresidents Of the district
and therefore that their votes were lille
! gally cast.