Waterbury evening Democrat., 1891-11-09

merits of City Clerk Kilduff were not discussed. The question was on the adoption of the candidate of the repub- lican party; and it was carried. Did not know who made the motion or how it was worded. Witness helped to dis tribute the tickets Sunday night.
 James F. Dolan testified that he was in the third ward election day and about 10 o'clock that morning placed the corrected citizens ticket with the name of Edward B. Platt in place of Edwin F. Platt. He had voted before correction was made and supposed he was voting for Edward B. Platt, son of Merritt Platt.-
 Court Messenger Gillette was the next witness. He was asked if he saw the Edwin F. Platt" ticket in the second ward on election day. He said he did. Afterwards saw the corrected ticket placed in the booth.
 Attorney Kellogg offered the direct ory as evidence, as he said to show how the mistake could occur. Edwin F. Platt was in large type and Edward B. Platt in small type. Gordon B. Law renee testified that he was a member of the Taxpayers association of the third ward. It sswas simply aIward organiza- tlon. Witness knew nothing about the ticket in question.
 At 2:10 o'clock Attorney $. w. Kel- logg made the first argument for the plaintiff. He reviewed the case dwell ing at length upon the claim that it was the belief of those who voted for Edwin F. PlatU, that they were voting for Edward B. Platt. He conceded that there YVES such a living person as Edwin F. Platt, but the office of city clerk. At At torney Kellogg said that the intention of the vote should be considered. He cited several authorities. In Payne on elections he showed that ballots cast for Henry B'.ker and Henay A. Baker were counted for Henry Augustus Baker, although Henry Austin Baker lived in the same town and was eligible for office, and the lished the name of Henry Austin Baker as being the candidate.
 Attorney Root followed and he claim ed the ballots were illegal and void if there was man named Edwin F. Platt that Edward B. Platt was a bankrupt and a man whom many would not vote for. Edwin F. Platt was well known. In relation to name the party issuing this ticket was the same as in Hartford. In the alter city parties went through same form and adopted the citizens ticket and supreme court threw them out. One of the men here was actually a member of the democratic town convention and yet making out this ticket.
 Attorney ONeill followed MT Root He said that the election officers have already decided that these ballots were cast for Edwin F. Platt. Connolly and his clerk Dolan did testify that they sup posed that they voted for Edward B. Platt; that was all. Not another witness testified SO. The ballot itself says Ed win F. Platt. It is plain enough What on earth would save us from the corruption of politicians if such evi dence was admitted by men saying that they intended voting for such a man when they actually voted for another man. MT O'Nelll quoted from a number of the American state reports. In the 11th American report he quoted lcng decision on the ballo case somewhat similar to the present one. The case decided that a persor could not change his vote by saying ht voted for one person while intending tC vote for the other.