Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1891-11-11
THE CASE GOES OVER.
Postponed Until December S-The
Proceedings Mt the Sanger-Henry
Hearfur Yesterday.

"a
Proceedings Mt the Sanger-Henry
Hearing Yesterday.
The expected trial of the quo warIanto
suit of Marvin H. Sanger against State
Treasurer E. Stevens Henry, which had
been assigned for trial before Judge
Thayer in the superior court yesterday,
did not take place, although the counsel
for both sides, Attorneys A. P. Hyde and
Charles E. Gross for Mr.. Henry and Judge
Stoddard and Attorney Hammersley for
Mr. Sanger, were present.
The reason the case was not tried was
that Mr.. Human did not have with him
in court a fair list of the votes filed at the
Office although Secretary Walsh had been
subp@naed to be present and bring the
papers with him with the suggestion that
if he sent his chief clerk with the papers
it would not be necessary for him to per-
sonally be present.
Mr. Human was in court. but when
asked by Judge Stoddard where the papers
were said that, while he had received the
subpoena, the papers were not in his GUS
tody, but had been taken away by Assis-
tant Clerk of the House Gates, Monday
afternoon, about o'clock, and that when
he took them away he stated that he want
ed them by authority of the house of rep
resentatives.
When asked what papers were taken,
Mr.. Human replied: 1.-The books contain
ing the list of votes and the original re-
turns sent in by the moderators, and I
think the statement of the canvassing
board, too. He took all the papers that
were there"
"There ISL continued Judge Stoddard,
"a formal denial of the constitutional re-
turns and it is necessary to have the pa
pers here. 1t is a matter of surprise to
me that any official should try to obstruct
this case"
Then Mr.. Gross said: IT suppose a
subpoena might be issued for Mr.. Gates,
but think the question will arise as to
the admissibility of the papers, anyway"
"This is most astounding condition of
AFFAIRS" said Judge Stoddard. "Mr.
Gates should be brought in here and let us
see by whose authority he dares step in be-
tween your honor and this case. His state
ment that he had control over these pa
pers by authority of the honor of repre-
sentatives is only pretense. What au-
thority has been given to hims None at
all. He has no more authority over those
papers than have. I think subpoena
ought to be issued from this court to have
him brought inn
Mr.. Gross then said: IT understand that
Mr.. Hamersley has certified copies of the
original papers which he used up in his
case up in Hartford recently.
eyes, but that was by special agreement
between counsel"
"We are willing to have the same agree
ment and go on with the case now," said
Mr.. Gross.
Gut" interrupted Mr.. stoddard, 1--WE
are entitled to the original papers which
have been surreptitiously removed"
IT think you are entitled to have the
original papers here" said Judge Thayer,
land I think Mr.. Gates should be suboe-
naed to bring them in"
At this point Judge Thayer disposed of
the case by saying: IT have been reading
over the proceedings since the case was as
signed for trial and I think that there are
many questions involved in the case simi-
lar to the one morris VS. Bulkeley) have
reserved for the supreme court. I do not
think it would be wise to go on with this
case until advice is received from the su-
preme court. The case will be argued be-
fore them November %. I will continue
this case until December g."