Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-03-04
MORE CROOKEDNESS.
The Fairfield Returns Considered
Mr.. MALES COMMITTEE.
The Bes.lrick Returns,

: The Res.ericE Returns
The case Of Fairfield was heard yesterda
afternoon by Mr.. Hale's committee, and tn
true inwarlness Of the way the returns from
this place were dealt with Was shown mp.
will be remembered that the Governor an,
Council claimed that there were two sets o
returns from Fairfield scientifically alike, an,
! so the vote of he place Was not counted, thu
counting out Andrew b. Cole. the republi
can candidate tor the House of Representa-
tives.
There were before the committee as wit
nesses, Frank Totman. chairman of III,
} board of seiectmen, and a republican: F. f
McFadden, town clerk and. a democrat: ane
John W. Claiming, democrat. and tn,
facts which were elected from them are a.
follows:
The first return was exhibited ard recog
nized by Mr. Totman and Mr.. McFadden a.
the one signed and sealed up in open town
meeting. The next morning after the cleo
ton Mr.. Totman was met on the street nv the
clerk who Said there was a mistake in the re-
turns which had been sent 10 Augusta.
While they were eonversing there :. $.
Brown. a member of Garcelon's Council
.ame along. and they asked his advice in the
matter. but received no satisfactory answer.
Then the clerk and Mr.. Totman
and came to the conclusion that
a mistake had been made. Moth
| ing was done about the matter for two or
three weeks, till Mr.. Claiming came into the
clerks Office one day with some blank re-
turns The clerk. Mr.. McFad then no.
titled the selectmen TO meet him, and they
went to work to fNup some amended returns.
| Before sending the new returns away they
carefully considered how to mark the amend
ed returns So they should be distinguished
| from the first l1nrns. and finally pasted
a slip of paper on the upper left hand corner
of them upon which was written, ''amend-
ed return from Fairfield, made Sept. %.
/ 1879" But to make the matter more clear
they wrote a letter of explanation and en-
closed it in the representative return.
When the witnesses examined the amended
returns. yesterday, they found the pasted
slips had been torn from the county. senate
rial and representative returns, and REM
nants of the slips were adhering TO
each return, the work having been
done in a bungling manner. In one
ease portion of a letter written upon the
slip was plainly to be seen upon the return.
In the case of the return for Governor which
was to be opened by the legislature only this
slip still adhered. The Governor and Coun-
ell thus having nothing on the second re-
turns to tell why they had come before them
they could claim that there were two sets
of returns from Fairfield and SO throw out
the vote of the place.
Mr.. Claiming testified that the blank re-
turns were given him by $. S. Brown.
The Berwick case was briefly considered.
Jas. W. Wakefield, Esq, of Bath, giving tes-
timony to this effect: December 23d, he saw
and examined the Representative return
from Berwick. and discovered it was wrong,
for an error was made in adding together the
number of votes the two candidates for rep
resentative received. He called the attention
of Deacon Cove and Deputy Sawyer to the
error. When the return was shown Mr..
Wakefield, yesterday. it appeared that the
error had been corrected, the wrong number
l,a@ing been scratched out, and the correct
footing put in its place. The managers in
the contingent found that if this error was
not remedied it would cost them a represen-
tative, and so FASTENED to do the business.
Supreme Judicial COurt-Judge Danforth
Presiding.
WEDNESDAY, March Sd.
Joshua T. Randall vs.. Maine Central r. r.
Co. Bean 4 Beane for ptf Vose for deft.
This action is brought to recover compensa-
ton for an INJURY received through the al
legged fault of the def. corporation. 1t is said
that the plaintiff was riding in wagon and
taking with him two persons to get on board
the train at the Winthrop depot, May %.
1878. When he got within about 100 feet of
the depot the horse was frightened by the
steam escaping from the engine standing on
the track. Thereupon the two passengers got
out of the wagon, and the ptf. undertook to
turn back. At that moment another violent
escape of steam threw the horse into panic,
and becoming manageable he dashed
against tree, threw the pitt. upon the ground
and broke his leg. The ptf. was confined to
his bed about two months, and still has an
imperfect leg. A question is involved as to
whether the bad condition of the broken limb
and its tardy recovery was not owing to NAL
practice on the part of the surgeon. The ptf.
claims $1,000 as damages. The substance of
the defence is that the escape of steam from
locomotive engine is an inevitable incident to
the work of running trains. That they have
the lawful right in prosecuting their business
to do whatever is proper and necessary in
moving their trains, or stopping them on the
track away from highway crossings, without
mourning liability for such accidents. In
| this instance they say the engine was not
standing on the crossing. The ptf. conclud-
ed his testimony early in the afternoon, and
the def. at the adjournment had nearly con-
Guided the evidence on their part.