Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1894-01-05
Anniher Eleciion Order

Saturda, last WIS the da, fixed npon by
the contestant, Mr. W. Dec Mitchell to take
testimony in bis contest against James A.
Franklin for seat in tie LEGISLATURE. Wit
nesses we're summoned and !aie in the evening
on Friday preceding, the Clerk Of the Court,
Mr.. s. Turner, no under the law is made
the custodian OF the ballot boxes containing
the ballot. cast and counted utthe recent cleo
ton aud the custodian also OF the ballots cast
and rejected at tue said election WIS notified
OF an urder passed by Judge Crane ordering
him d,nver the ballot boxes containing the
ballo,s counted and rejected, OF fhe Futh aud
Eighth Election Districts, aud the rejected bal
lots o. the Fourth Election District TO Justice
H. Il Boswell Tor the purpose Of recount
and inspection 10 lie used as testimony ~ the
case Uuder ordinary rules OF fair dealing
the clerk should have had notice OF The order
at reasonable lime, before the time liked for the
delivery of the ballot boxes and ballO's that he
might carefully consider its requirements and
prepare II defense if necessary before being
compelled 10 comply with the order, but such
was not cone The order in con,raveniion o.
an express mandate OF the statute directed the
Clerk TO part with the custody Of tile ballot
box and ballots Of the districts nas.'. = .shile
perfectly willing, yet upon the apce Of his
counsel Col Wilmer, to keep himself within the
pale OF law, he filed Saturday morning
written protest against the command and de-
liyered the same t. the Justice in the court
room The taking of testimony then proceed
ed Mr. Turner was sworn and identified the
boxes as the same as were delivered to him on
return day and TO a question put to him uy
Mr. Mudd attorney for Mr. Mitchell testified
that they had not been opened or otherwise
tampered with since in his custody. re-
count of the Fifth District, whers a controyer-
sy has arisen over the correctness of the count
and return made by the election officers Of
that dist ct on election day was then made.
Mr.. 7 v. Medley was sworn in to keep the
count and others also kept the tally aud the
Justice read off the ballots, the result showing
that Franklin received l65 votes one more
than the Democrats cai ned he did get, cor
relocating the theory that the election clerks
omitted to count the split votes The case
was then adjourned to MONDAY This recount
ought to satisfy everybody aud bring the
long, dragging election episode 10 a close
No one can doubt the correctness OF the re-
conn nor will anv one charge any tmptying
with the ballot boxes. They have been strict
Is guarded They we're brought to the Clerk
Office on the 9Th the return day by To, re urn
Judges. securely locked, with paper bearing
the pamcs OF all the election judges, CAREFUL,
pasted over the key hole and the slot in the
lid and from that time until the l3lh when the
returns were made up and signed the! were
under the care of special guard representing
both sides, and short while after pasted slips
were pat around the bottoms, all Of which
showed no endeavor at tie recount OF having
been previously tempered with Apart from
all this the unused ballots at the request of
Mr. Mudd were ail burned ty the return
/ Judges on return day The conclusion thsre-
fore is irresistible that franklin was duly
elected and this should now he aequirsced in.