New-York tribune., 1899-11-21
NEW-JERSEY NEWS.
SHUTS BACKS DOWN.
TO MAKE APPLICATION TO HAVE THE
ORDER FOR A RECOUNT VACATED.
MADE BEFORE THE BOARD OF
ANvAssERs-DEMoCRATs INDIGNANT AT
THEIR CANDIDATES. COURSE.

/ ANNOUNCEMENT MADE BEFORE THE BOARD OF
NEUTRALITY-SUSPICIOUS. INDIGNANT AT
THEIR CANDIDATES COURSE.
Freehold. Nov. 20 CspeciaD.-The recount in the
contested election IN which Jacob Shuts. Dem
ocrat. is endeavoring to oust Obadiah E. Davis.
Republican from the office OF Sheriff OF Monmouth
! County, was TO have been begun here to-day. In
The recent election Mr. Davis was declared elected
( by majority OF twenty-five votes, and he was
duly inducted into Office BY Justice Collins at the
I appointed time
The Board met at 2 O'Clock this morning to carry
out the order Of the Court. Sheriff Davis and his
counsel appeared but Mr.. Shuts and HIS legal
advisers did not attend until 1 p m. when II was
announced that they would apply to Justice Col
lins TO have the order vacated. 1t is stated that
ex-Prosecutor Charles II. WINS and James e. Deg
nan, two Of counsel for Shuts in favor OF pro-
ceeding with the recount. but that E. W Arrow
smith, another OF Shutss counsel. persuaded his
client to give UP the contest The Board will meet
again on Saturday. when unless the order OF the
Court has been vacated. the recount may proceed
The Democrats here, who known as straight
party men. indignant over the course which
Shuts has taken They say that he could have
won by at least fifty votes II he had gone ahead
with the recount, and they may yet overcome the
objections OF Mr Arrowsmth and persuade Shuts
20 have the recount proceed.
Mr. Shutta, in mis- formal petition for a recount.
lantic. Mlddetown and in parts OF Neptune and
Ocean townships. The allegations. In a general
way. are that the Republicans wanted al OF their
ticket elected with the exception OF the candidate
for Sheriff. that in reading the ballots the election
officers made mistakes by carelessly taking the
heading Of the Republican ticket in several cases
indication that Il had been voted straight
whereas the allegation Is made by Mr. Shuts. that
a sufficient number Of the Republican tickets con-
tained his name neatly pasted over that OF Mr.
Davis to give him a majority OF all the votes cast
As the law requires that the ballots must be read
IN full by the election officers the Republicans place
little credence In this allegation In fact, the most
county TO the effect that Nj shuttss application
for a recount is more largely fishing expedition.
anything else and that II ne fails 10 oust Sheriff
Davis he will have only the expense OF the recount
II is said that Mr. Shuts was at great expense
during the campaign and that the expense OF L tne
would feel ost in the politics Of the county II me
The memory Of man hardy runs back TO the tlne
Sheriff Ii is significant that no claim OF fraud IS
set up by the Democrats
METHOD OF PROCEDURE.
The recount is made by the County Board OF Can
vassers which is made up OF General John c. Pat
terson Of Asbury Park. and ex-Assemblyman David
D. Denise. OF Freehold Republicans, and john
Walker. OF Freehold. and Morgan d. Magee OF
Manasauan Democrats. General Patterson is
terial power and is compelled to count the ballots
as they now appear in the boxes. In case OF DIS
sent upon a ticket by two members Of the Board
the ballot must be submitted 70 Justice collins ana
his decision upon its acceptance or rejection - nhe
except in OF the ousting OF the present sher III
when the order OF the contest Is reversed ana Ihe
plaintln becomes the defendant and may appeal 70
the Supreme Court. Under the old law, as IN me
case OF Forman against Aumack in the County
Clerksaip contest in Monmouth County in 1893, and
in the case OF Conger against Connery IN Mlddte-
State Supreme Court and to the Court 9t Errors
but under the present statute tnere y o{ Oie ne & b
presiding Justice and it must be tried on the hrss M
GSS Sseg, g case viii occur in February unless there
Is some Imperative reason set UP by affidavit for
S9v in the term The holding official is required
TO give bonds in double the amount OF the prop R
abe Re Tecepjs s sposed Of dis office 10 return '
Although the Democrats have been entirely for
nal in the application for a recount, the KepuD-
cans, assisted by the counsel or seFeral, Demo-
against Aumack have wisely taken the precaution
10 keep In touch with the progress OF matters ever
Drobaby be recount one wise old Democrat.
who was not in sympathy win the Wh9-e 2r OF L hiS
party ticket, went so far as to warn a IoWhstntP mp
Clerk that or & Jh e sboT take % extra
ma 6I for t6e safetv OF the box placed IN his
custody. He recalled the fact that II was matter
the ballot boxes in the contested case Of Forman
against Aurnack had been stuffed and that the re
sponsibility OF the custody OF ballot box was
greater now than It was then.
STRONG SUSPICION OF FRAUD.
The watchfulness OF the Republicans has given
them enough evidence TO arouse the strongest sus-
picon that the ballot boxes were tampered with
in a few places. which for prudent reasons are not
mentioned now. II these suspicious are verified by
q recount an appeal OF the case will be taken
before Justice Collins. who by himself alone ana
without a Jury. is authorized by the statute 10
swear witnesses and take testimony as to fraud or
tampering with ballot boxes. -
II Is believed and admitted that the only danger
which confronts Sheriff Davis IS that some or the
boyes NAV have been stuffed and that the Board
OF Canvassers may ind the assertion true that a
good many neat pastors were used In behalf OF
Nr SHUTS. They will Of course be unable 10 de-
ferrniue-in fact they have right 10 determine
how many OF these pastors put on the ballots
after the polls closed and after the count was
made but the Republicans have so carefully forti-
fed themselves with testimony and have so eau
tiousiv kept their eyes upon the matter that they
are quite ready and prepared for any emergency.
IL &c oDenly asserted that the man who was sus-
- ~ stuffng ballot box I'm the Forman-Au-
mack case is under suspicion Of having repeated
The Republicans are confident that there were
r,arv ballots which the law distinguishes and re-
tects as marked ballots cast AZ the late election
and that a recount would prove to be advantageous
= 81 They also COuu0crt tndt II