Morning journal and courier., 1892-05-24
THE QUO wARRANTO SUIT

| In the Suit of Phelan Against Walsh the Plaintiff Rests and the Defense Begins-A Number of Witnesses Ex- amined-Alleged Irregularities In
 Twenty-seven Towns-Avon's For
 getful MI IOderatOr.
 The long drawn out quo warranto suit of Phelan vs. Walsh occupied the attention of Judge Hall in the superior court again yesterday. The plaintiffs side of the case closed in the morning and the defense opened. Among the witnesses introduced for the plaintiff were: J. M. Wilson, mod orator for the town of Avon, and Joseph E, Porter of Norfolk. Both were more or | less forgetful, but MT. Wilson was without l exception the most forgetful witness put 1 on the stand during the trial. He could | not swear by personal recollection whether he was the moderator at the election of l November, 1890. He refreshed his memo | ry by referring to the returns upon which | appeared his signature. He could not re- member anything about the case and said he epent the greater part of Saturday and Sunday inquiring who the counters had been at the election. A great deal of time was used, but little information was elicit ed from the witness.
 Judge Harrison then submitted 8 tabu- lated rsport of the resnlt of the commit tees examination. The report showed that Phelan received of the votes at the other candidates 3,665 Phelan's majority 547. The committee consisted of Edmund Zacher, Harry Asher, Percy Bryant and William H. Ely. The committees report also showed that the returns were not completely or correctly kept, as other tes- timony beside the counters returns to the town clubs had to be used in the following twenty-seven towns:
 Griswold, North Stonington, Preston, New Canaan, Norwalk, Stratford, Glaston- bury, Wethersfeld, Branford, Orange, Ox- ford, Esstford. Sterling, Barkhamsted, | Cornwall, Goshen, New Milford, Norfolk, Plymouth, Sharon, Washington, Clinton, Old Saybrook, Ellington, Stafford, Union, | Vernon.
 In closing the case for the plaintiff Judge
 Harrison said:
 "It appeared in evidence in this case
 that the ballot boxes used at the election
 of November 4, 1890, in the towns of
 Bridgeport, Danbury, Middle6eld, strat-
 ford and few other towns. have been kept
 in possession of the town clerks of those
 towns, locked and sealed, from the day of
 said election to the present time, and that
 probably the ballots used at said election
 are in those boxes intact. Those ballot
 boxes have been produced in court by the
 several town clerks and have been iden ti-
 fed and marked, and are now in the
 possession of the clerk of this court. No
 claim has yet been made by the defend
 ant in this case that any mistakes were
 made in the counting of the votes in those
 -sa sa{a k1,o I,oy
 lot boxes have been so kept locked and
 sealed. If the defendant claims that mis-
 takes were made by the official counters in
 any of these towns or voting districts, the
 correction of which would tend to change
 the result of the election, the relator will
 not clam that the defendant must first make out prima facie case that such
 mistakes have been made, but the rela , tor is willing that this court, if 1t shal |, find that the boxes have been properly kept and in proper custody. may ) order such boxes to be opened anc ) recount to be made for the purpose ot determining whether any errors or mis } takes were made by the counters in sucf : towns or election districts. If at any tim in the further trial of this case the de
 fendant shall claim that any mistakes wer
 made in the counting of the votes in these
 particular towns or election districts, wher
 the boxes have been so kept, the relate . now consents and agrees that the boxe may at the discretion of this court be or , ordered or be opened and the ballot counted for the purpose of determinin whether any mistakes or errors wer 5 5 made by the counters"
 2 The republicans then opened their sid n of the case, and called as their first vii Y ness George J. Twinbull, the counter 0 e the Fourth district of New Britain. Hi J. testimony was to the effect that fftee e prohibition tickets had been rejected i g his district because the word ''For'' wa
 on them before the name of the office
 although on the counters returns it al '' peared that only five ballots had been rt v jected for that cause.
 [. J. B. Beebe, counter from Lyme, test
 fled that in that place all the democrat e ballots cast in that town at the last stat election, eighty-fve in number, bore a ink spot over the name of Benjamin Ratl @ bun, who was o candidate for judge s democratic counter. Dr. J. D. Ely of u II same place, and Town Clerk Fosdicl i The ballot box was produced and opene l, without any objection from MT. Phelan n counsel. Each ballot bore distinct crof v made in ink over the letter "r" in the nan e 'Rathburn." Counsel for the democra e drew out the fact that the candidate
 name was spelled ''Rathbun," without tt D. "r," and that the cross was made only ft a. the purpose of obliterating the superfuo1 , letter. The town clerk and assistant cle1 ii assorted the ballots in the ante-room an ,e brought back 85 ballots which were thu ,e marked in ink.
 " John P. Kellogg of Waterbury, a count, aft in the Second district, testified that in hi 8r district 43 prohibition tickets were rejec ,n ed because they bore the word "Fo-." E,
 Judge Harrison tried to prove by Mir. Ke
 logg that the 43 ballots were rejected f.
 another cause beside that of bearing u
 word "For" and that therefore they wel legally rejected. Attorney Cole objecte - to this course, but Judge Hall admitte It the question. MT. Kellogg stated that
 believed that few of the rejected ballo le bore pastors, but could not tell just ho TT, maAS.
 " Winsted was next heard from. Geor, D. T. Drake, one of the democratic counte
 marked ballots had been rejected in that tow
 The ground upon which they were rejected VI ], fictitious names: The moderator ruled them O R. on the ground that they did not conform to u J. lots as means of identification. Thirteen ds these fourteen rejected ballots were for repub to can candidates and the other was for dem to crat.
 of S5. he had never eye been been notified that successor
 
 court took recess until 3 o'clock II At the afternoon ssion George P. Melee testlhed that ne was not party to any procee 5 ings, nor had he made any effort to be made
 party to any procsediRgs s to test the title of u
 homas A. Smith of Litchfield a counter in u ID First district, presented sample Of democrat sS bollotS which were cast in his district after G. o'clock. They had the name of Representati, f9 the of G. on the ballot There were 3 in democratic votes and all but thirty five (
 forty of them were pasted in this way. The l. were not rejected in the count. But the repub ,d cans claim that they should have been. B. On cross examination it was brought out tn
 there was a small E in the first in Defores
 which was printed in capitals, making the nan ss DeForest instead of Deforest. According pas ST CTS were obtained on which the name was co Q rectly printed, and these were pasted on all u o- democratic ballots after 10 o'clock. III Ebert P Roberts of Litchf1eld cOrroborated u ro above testimony, and on cross examination sa ,, the charge was made at the advice of lawyer = Witness further said in the republican ballots 1e black was left after the judge of probate, III which the name of the candidate was written ii ir | in many cases.
 .A c. T. Gorham of Norwalk, counter in u H. Third distfct testified that thirty prohibitic ln | tickets had been rejected in that town becau d. they bore the word For" and c. E. Stagg, - counter of Stratford testified that eleven bailo 'u had been rejected for the same reason. ke w. A. Stanton, counter in Sterling, testihe
 that fourteen ballots had been rejected. Georf -o w. Miller, town clerk of HartIand, testified th at ballots had been rejected on account of irreg ir larity.
 1- m Senator Thayer testified that he had made a 'A' examination of the ballots cast in the Fourt district at the last election for secretary of sta al some months after the election, He feared tn,
 he mn 1far nf vnfna not q