Show SHRIEVALTY CONTEST ENDS Surprising Action of Oscar C Barton of Davis County Farmington Dcc 2Glhe contest for the office of SherIff of Davis county ended in a most surprising manner An affidavit was presented in court sworn to by Oscar C Barton the contestant in which he denied all knowledge of the case and said he had not given authorization author-ization for the Instituting of the contest con-test testMr Mr Bartons attorneys Senator Brown of Salt Lake and Col A B Hayes of Ogden were totally unprepared unpre-pared for such denouement and after satisfying themselves that Mr Barton had signed the affidavit and did not want to proceed Col Hayes moved to dismiss the action thus forestalling a motion to the same effort that would have bein made by Attorney C C Richards who was representing Sheriff Abbott The proceedings came on this morning morn-Ing before Judge Rolapp on a motion of AbMdils attorney to strike the case from the files for the reason that tho contestant laid not signed the verification verifica-tion in I the complaint Mr Richards argued that in rasus of this character the contestant must sign the complaint or petition himself The contestants I attorneys were about to ask that they be allowed to amend the complaint by having Mr I Barton verify It when the affidavit of the contestant was produced pro-duced It was as follows Stare of Itah county of Davis ss Ocear C Barton of lawful age being be-ing first duly sworn deposes and says that lie is the plaintiff named in the aboImt lIed action = that said action was brought without his previous authorization au-thorization knowledge or consent and the sumo has not subsequently bixii ratllkd or approved by him That he disapproves of the bringing of the said action and ho does not wish to contest the validity of the election of L E Abbott Ab-bott to the cilice of Sheriff of Davis county Wherefore deponent prays that the said action may be forthwith dismissal i The nllldavlt is subscribed and sorn to by Oscar C Barton before R W Barnes notary public on December 21 3900The The reason Mr Barton did not verify the complaint was that he was at the time It was lllcd under quarantine for smallpox Col < Hayes In making his motion to dlsnfos asserted positively that the rase vit begun with Mr Bar tons consent and he had but very recently re-cently changed his mind Bartons action in dismissing the contest con-test aroused the bitterest indignation on the pare of those in whose hands he had placed the matter When Barton found that he had been defeated by the narrow margin of twelve votes on the face of the returns he immediately wanted to institute a contest The matter was placed In the hands of an attorney but before the action wus flled his home at Kaysvllle was placed in quarantine for smallpox Ht then requested re-quested Dave Hess Republican product pro-duct chairman and John Walsh and Ezra Richard two other prominent Republicans Re-publicans to take l charge of the matter j mat-ter and press the contest They did so I calling on Barton several times and advising ad-vising with him as to the progress of the case When the complaint was filed they notified Barton of the fact and he expressed himself as satisfied and told them to force the matter to an Issue Last Saturday afternoon Mr Hess called upon him again and he was still of the same mind But It Is a noticeable I notice-able fact that the affidavit was sworn to the following Monday before R W Barnes a brother of the Democratic contestcc for the Slate Senate from Davie county Jjnrnpu nlso called on Barton this morning before the trial and consulted with him in the matter I When the case was called for trial and Attorney Richards began reading the affidavit Col Hayes asked for a continuance contin-uance until afternoon stating that he r did not think the affidavit was valid because Barton had not notified him of the fact or any other ot those InlerA tested In prosecuting the case In his behalf that he intended to withdraw from the contest Col Hayes stated however that he would investigate the I matter and that if Barton did sign it I ho would consent to a dismissal of the case As soon as court adjourned Mr Hess started for Kaysvllle to interview Barton Will Barnes also left I for Kaysville and arrived about one minute min-ute ahead of Hess and met Barton outside of his house He attempted to I take him aside as Hess rode up on the pretense that he had some important impor-tant private matters to talk over with him Mr Hess however strode up and called to Barton Youll talk to me I first I have something to say to you myself He then asked Barton If It was true that he had signed the affidavit affi-davit and upon receiving an affirmative affirma-tive answer the two engaged In a war of words Hess berated Barton soundly sound-ly for his duplicity in the deal Tt is significant that Barnes took an active interest in the contest and brought all the Influence at his command to induce Barton to withdraw from the contest It is said that Barnes interest in the matter was incited by the fear that the opening of the ballot boxes would injure in-jure his chances In his contest for the State Senate with Hon E P Ellison |