| Show eleccion ELEC riON CONTEST DECIDED BIO SURPRISE SPRUNG ON ATTORNEY IN DAVIS COUNTY CASE perhaps the most surprised and disgusted man in farmington today was attorney A B who aa plaintiffs attorney in the election contest case of oscar C barton against L E abbott brought on complaint filed in the district court by dails hess bought to have the certificate of election issued to sheriff abbott made null and void abbott on the face of the returns of the election held november 6 was elected sheriff of dails county by 12 votes soon thereafter david hess while the defeated candidate for the was under quarantine tor smallpox bad action brought ostensibly in the name of barton alleging irregularities and illegalities in vot na which it eliminated from the election would have made barton the republican candidate entitled to the certificate issued to his democratic rival and he prayed that the court might see politics in dails county from hess point of view and declare abarton to chave been elected after the complaint had been read before judge hon C C richards in behalf of his client sheriff elect abbott brought a broad smile to the face of every person present by having read an affidavit from mr barton the gentleman who it was supposed was most aggrieved at the conduct of the board of canvassers in issuing a certificate to chis rival and in that affidavit it was stated that oscar C barton had no knowledge of the truth of the statements set forth by col hayes as plaintiffs attorney and that ho did not ratify or approve of the complaint made by david hess it Is said the affidavit made by barton came as a big surprise to attorney hayes and the complaining witness mr hess upon motion of attorney richards the case was dismissed |