The Newtown bee., 1888-11-23
MONROE.

The Election Case Argued and Decision Reserved.
 Despite the universal interest in the outcome of the hearing to determine who is first selectman of the town of Monroe, scarcely more than 20 assembled in the Superior court room, Bridgeport, when the adjourned hearing took place, Satur- day. As already related in the BEE, Town Treasurer Albert Wheeler had been enjoined from paying out money on town orders until the court had decided whose orders should be honored as first selectman and town agent. Pursuant to an order issued by the court at the first hearing, 3d, Town Clerk David A. Nich- ols produced in court the ballot box con taining the votes for selectmen and town officers at the October election. This was opened in the office of the clerk of and assistant clerk w. R. Shelton pro cccded to count them, while Judge David Torrance read the Tribune and conversed with Judge Slade until called into the clerks office. After time, they all filed back into the court room and hush of expectancy fell upon the people. Judge A. B. Beers opened the legal battle for MT Hurd by saying that sS ballots bear ing the Republican head, on which Mir Hurd's name was placed as first select man, were found in the box and that Hurd had been scratched from three of them, upon which Hawley's name was substituted. Eighty-five ballots marked Democratic were also found, bearing Mir Hawley's name as first selectman. Flaw ley was scratched three times, but receiv- ed three Republican votes, making a to- tai of S5, the same as Mir Hurd. He then quoted law to prove that the name stand ing first on the greatest number of bal lots should be declared elected. The ob- ject of this statute was to save the ex- pense of a new election. As Hurd stood first on a plurality of ballots, he was elected. ExJudge R. E. DeForest re- piled for MT Hawley, claiming that the statute quoted had nothing to do with the question of first selectman, simply deal ing with the election itself. The votes pasted over Hull's name on another part of the ticket, counted for Hawley; the man whose name stands first on the bal lots is first selectman by law. Hawley was declared first selectman at the elect ion, but he thought that there was no necessity of signalizing one by the title
 of first selectman when the votes were declared. Judge Beers cited a case to show that the office of first selectmau did exist and again quoted the statute. say ing that it fully applied to the present case. Judge Torrance asked number of questions, to familiarize himself more fully with the technicalities of the case and then announced that he would re- serve his decision. As the construction of this statute has never been passed up- on by the Superior court of Connecticut, the result will be of legal interest. It
 will probably be carried up to the Su- preme Court of Errors.
 Among those present were: B. Flaw
 ley, s. s. Hurd, F. w. Wheeler, D. A.
 Nichols, O. H. Hull, c. k. Osborne, Dr K. NJ. Beardsley, Albert Wheeler, E. B. Seeley, S. B. Hayes, all of Monroe; E.. L. Staples of Shelton; c. B. Wheeler, L.. NJ. Sladc of Bridgeport.
 ! Bliss furnished the music, last week, at surprise party given Miss Anna Brooke.
 Uncle Charles Bennett, though 88 1 years old, moved three acres of grass and got it in alone, last Summer and he and his horse are now getting up his Winters wood.
 Mrs Andrew Raw has been sick for 1.-two weekA and more, calling for the kindly aid of neighbors. pr I4oomis is ! in attendance.
 Miss Gertrude A. Bearaeley has re- turned from visit with pr E. \. BeaFile- ley of New Hayen.
 3aies Ax1es N. Beerdziey hos r1ezl7l.