Morning journal and courier., 1892-06-01

Rebuttal Evidence Introduced by the Relators-Folded Republican Bal- lots-Judge Hall Rules out a Great Deal of Evidence-Prohibitio Bal- lots.
 In the Phelan-Walsh quo warranto yes terday the relators' attorneys produced evidence in rebuttal to that put in by the republicans last week. The effort was to show that enough votes had been wrong fully counted which if cast out would give MT. Phelan a clear majority. The principal feature of the morning trial was the rejection of evidence produced by dem ocrats. Judge Hall gave his reasons for the exclusion of the testimony as follows: ''I don't think that this evidence is com potent in your hands. It seems to me that you Judge Harrison) are eontradicting your own case. You have said time and again that your case is based on the cor rectness of the official returns, and you now come into court and try to impeach your own evidence by showing that some | votes which were counted should not have been counted. Your case is not consistent, to say the least. Again if the plaintiff is | allowed to contradict his own evidence, | the defense may do the same, and this trial would be interminable. There must be an end to this some time, gentlemen" Every time the evidence was ruled out Judge Harrison took exceptions. l The important testimony of the after noon session was in the examination of the l witnesses from East Lyme, Sharon and Kent. Daniel Caulkins, the town clerk of East Lyme, brought in ten republican bal lots that had been folded in alike. These had been counted under protest A. N. Caulkins, son of the town clerk, testified 1 that he was a counter of the First district | of Lyme county. and two of the ten had been found in his district. Attorney Cole objected to the admission of the ballots, but it was overruled. The other eight folded ballots had been cast in the Second voting district, but the folded ballots found in the two districts had not been kept separate. Attor, ney Cole wanted the witness to select ont the two cast in the First dis trict, which he was unable to do, but picked out two ballots. The counsel for possible for the democratic counters to have folded the ballots in order to have them thrown out. Attorney Cole asked Caulkins if any pastors had been used When he answered in the negative, MT Cole showed him one that had been used and the witness had to admit that he was mistaken.
 George Walton of Sharon brought ir nineteen ballots which had been folded like the letter A, which had been counted under protest. Mir. F. Whitney, who had opened the box according to law si, months after election, testified that ht had seen the folded ballots in the box and thought there were between fourteen anG twenty of them.
 MT. Walton had seen only one ballo thus folded and Attorney Cole objected tt more than one being admitted. Judge Hall ordered that the folded ballots b. preserved and reserved his decision. IT this instance, as in the matter of the fold ed ballots at East Lyme, the attorneys fol MT. Walsh tried to show that there was nc proof that the ballots had not been tam pered with by the counters.
 E. J. Ingersoll of Kent testified that the name of Jerome F. Gibbs, nominee fol probate judge on both tickets, had beer scratched on nine ballots and the name oi | Thomas E. Barker, 8 minister of tha, place, had been written in its place in the same handwriting.
 In the course of the afternoon it wal shown that 253 votes had been cast, none of which contained the printed name of tn, judge of probate.
 The court was adjourned until 9:4t this morning, when the attorneys for th, democrats will continue their testimony in rebutta!.
 To Speak at Calvary Baptist Church
 Mrs. Whittemore of the Door of Hop | mission in New York will apesk at Hslvar,