The Monmouth inquirer., 1894-03-08
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Monmouth County Courts.

! NSJICiuucQ lEOtu IiESt rage
the case and stated that he would
leave the question open for the par
ties to show mistaken action. Mr..
Strong showed the certificate which
showed Mr. Aumack to have been
elected, showing him to have receiv-
ed eight thousand sixty one votes to
Mr.. Forman's eight thousand fifty
six votes, which had been filed in
the County Clerks Office as we'll as
the duplicate certificate filed with
the Secretary of State He then
rested. Allan McDermott said he
understood all boxes and contents
thereof which had been offered in
evidence. The court said there were
only certain questions concerning
some ballots, to which Mr.. Yreden
burgh replied that that was only as
far as Raritan, that with Macedonia
it was different. The court stated
to him that the only Question to de-
eide was as to purple ink. The Chief
Justice stated that he regarded the
case as a question of law purely, he
proposed to put the case into one OF
two forms he should ask an advisory
opinion OF the Supreme Court and whom the
court should say should have the office. should
write of error. The other form would be that he
should direct the jury to fiud formal verdict Tor
the incumbent or the contestant, whichever
they should think from the evidence, and then
the Supreme Court would 10 over the proceedings
aud II they were thought to be wrong, the finding
would be changed. He also stated that both
sides rested on techncAlities aud he would do as
the will OF the people was expressed. as he was
forjustice and right. "rhe party not right in
law cannot have this Office, He asked for one
of the writtop tickets from Macedonia, and rath-
kktn nr.&A
ing magniiying glass TO tell what color the ink
was. However, he intently examined one of them
as well as an envelope with the glass and said
slowly. "Wel". The defense began by the call
ing of E. W Arrowsm it'll Jr., asa witness Allan
McDerlnott offered the returns from which the
canvassers made up their certificate and he claim
ed there was an clerical error OF seventeen votes
III favor OF Mr. Anmack. Mr.. Strong spoke mp say
ing that that could not be done as he said nothing
could be offered that was not responsive to their
allegations. The court had ruled that the votes
from other precincts conId not be received and
he did BOT think anything else could. There
was two returns from the fourth district OF Ocean
township and the Board Of canvasserg had dscid-
ed which wae she correct one and he maintained
that the court could not review their proceedings
without petition quo warranto proceedings.
He asked the court TO what other certificate he
had reference as to the Board OF capvassers can
only use the one flied iu the County Clerks
0fice Alter other testimony was submitted
counsel for Mr.. Aumack fnaly admitted that
there were seventeen votes cast byProhibitionists
Tor Mr. fOrman which were not counted III the
first retnru from Ocean Township which lied
with the Clerk, but which were ted in the
second or corrected returns.
The Court announced that the counsel for the
incumbent consented that the case be put in the
secobd form which be had suggested; the jury hs
instructed to find formal verdict for the inefm
b Mt GU condition that the opinion OF the Supreme
Court be taken the wnole case. aud If they
should find in favor OF the Incumbent. he shouid
retain his office. but If they should fud in favor
of tho contestant, the verdict would be changed
of course subject to writ OF error exceptions
Mr.. Strong counsel OF Mr. Forman. consulted
with his associate counsel Chauneey II. Beasley
a few moments and then let the take tina
coarse. He asked that if tho Supreme Cour
should change the verdict, new trial would b.
necessary; The Court replied that it would no
aud thereupon directed the jury , find a forma
verdict Tor The incumbent: this being done th
battle over for the time being.
Monday, March 5th. Adon Lippin
colt VS. Anna HI. Noyes, was adjourn
ed until Thursday, March Sth.
Friday, March 2nd. The common
pleas case of Eliza McHenry VS. JAS
H. Sexton, was postponed unit
March 23rd, by consent.
The recognizance of John O'Leary
charged with adultery was forfeited
Dennis Reardon being security. TIL,
Prosecutor made motion that /;
writ of scire facias be issued. Mo
tion granted.