The Monmouth inquirer., 1905-11-30
FRANCIS GAINS TEN VOTES.

the Court House Saturday before the
county board of elections. There was
large and distinguished array of
counsel representing the contending
interests. Allan Strong the well
known corporation lawyer, ex-Judge
William L. Hoffman, Counselor
James ID. Carton, Counselor John S.
Apologize, jr., A. J. G. Stokes and
Hon Henry M. Nevius appeared for
Sheriff Francis.
Counselor Ruff V. Lawrence, Aaron
e. Johnston, E. w. Arrowsmsth. Will
liam Pintard and Joseph Riley repre-
sented Charles E. Close the Demo-
cratic candidate, in whose interest the
recount is demanded.
In the preliminary skirnishing of
counsel before the court, Francis law
yers scored an important technical vic
tory. 1t was decided by Judge Hem
Erickson, after a motion had been
made by Allan Strong, to amend the
order directing a recount by striking
from it the clause providing for an ex-
animation of the voting machines.
Mr.. Strong urged that the statute did
not provide for recount of anything
but ballots. The law. therefore must
take il for granted that the voting
machine is infallible because it is i'm
possible to make recount of any
thing but the totals recorded on the
machines.
Counselor Arrowsmith vigorously
Hcombatted the contention of Mr..
Francis leading lawyer.
Judge Hendrickson held that the
order relating to voting machines
must be stricken ont and that no ex-
animation of this vote could be had
under the recount except as total
by the record. the attorneys for Mr.
Close now claim that under the ruling
of the court the entire vote of the yot-
ing machines in the county must be
thrown out Mr. Francis lawyers on
the other hand say that the ruling
has no such application and that the
votes must be counted as legitimate
and duly legalized record of the pur-
pose of the voters within the meaning
of the law.
The question is important as it is
evident the Close lawyers rely upon
some mysterious maladjustment of
the voGing machine in the middle dis
trict of Shrewsbury township, which
they claim, was locked in a peculiar
manner and did not credit Mr.. Close
with the total vote he received on
three tickets upon which his name
appeared as a candidate for sheriff
After the discussion the board of
elections and lawyers filed into the
room where they viii conduct their
examination from day to day until the
entire vote is reeounted.
Judge Hendrickson announced that
it would be unnecessary for him to re-
turn or preside over the recount He
directed, however. that all protested
or alleged defective and illegal ballots
be set aside until the close of the re-
count, when the question of their
legality would be passed upon by the
court. 1t is believed that an entire
month will be consumed in counting
the ballots; as nearly so per cent of
those counted in Atlantic township
Saturday afternoon were set aside for
an opinion by the court.
The ruling of Judge Hendrickson
eliminating the voting machines
from his order of a recount is a snb-
ject for general comment in Freehold
Saturday afternoon. Among the law
vers it is believed that the question
will have to be settled by the supreme
court and that it may involve
a constitutional finding by the court
of highest resort before the contro-
versy is ended AS matter of fact, it
is claimed that the legality of the vot-
ing machine and its uses will be full
ly and finally tested by this proceed
ing.
When thesboard of election Monday
morning finished the recount of the
ballots cast on November for sheriff
in Atlantic township counselfor Chas.
e. Close, the Democratic candidate,
who is contesting the election of G.
Asa Francis, had gained six votos.
That number of Francis ballots, they
said, would undoubtedly be thrown
out by the court under the decision in
the case OF Weeks against Kip, in
which the court decided that ballots
and IRA A. Kippn could not be count
ed for Ira A. Kip, Jr.
The result of the Atlantic township
recount was: Close 1873, Francis 80; pro-
tested ballots, Close 40 Francis 81.
The original returns gave Close 2S9
and Francis 229.
Counsel for Cloe had a note made
on the minutes that the returns called
for three rejected ballots, but there
were found in the box three empty en-
velopes, two marked rejected" and
another unmarked; also that the bal
lots in the box were not numbered as
the law requires they should be.
The announcement of Justice Chas.
e. Hendrickson that he would not
pass upon any of the disputed ballots
In the recount until the county board
of canvassers had completed count
ing the contents Of the boxes, has
robbed the proceeding of the greater
part of its interest, and when the
board resumed its work this morning
the benches in the court room were
empty. Allan Strong. leading coun-
sci for Francis, and E. w. Arrow
smith, chief of Closes legal forces,
were absent from the morning SEES
sion.
Upon completion the recount ofthe
Atlantic township vote, the board took
up the First district of Eatontown.
Mr.. Closes ounselimmediately called
attention to the fact that the box was
not sealed as the law requires. When
John G. Patterson, chairman of the
board, undertook to unlock the box,
the key which was attached to it
would not work.
After several unsuccessful attemps
to open the box, it was set to one side
and the box of the second district of