Morning journal and courier., 1892-05-25
PHELAN VERSUS WALSH.

cont1nueu lts aiTeaoy ieHStny eX16tence 1u the superior court room yesterday before Judge Hall. The hearing is becoming wearisome alike to judge, counsel and spectators, and in consequence the interest in the proceedings is not nearly so great as it was in the beginning. Attorney Case, one of the counsel for the republicans, was not in court yesterday, owing, it was said, to an attack of illness, but Attorney H. c. Robinson assisted Attorney Cole in his side of the case. Ex-Judges Harrison and Stoddard looked after the interests of MT. Phelan as usual
 Town Clerk Davidson of Brooklyn was the first witness of the day. He created sensation at the outset by saying that al- though he had testified in the case at Will limantic he had never been sworn. The oath was then administered by Clerk of the Court Fowler, after which the examin- ation of the witness was proceeded with.
 Mir. Davidson produced package of eighteen ballots which had been rejected and which he had taken out of the Brook lyn ballot box. Of this number eleven were prohibition tickets, which had been rejected on account of the word "For." The other seven ballots had been rejected because of alleged irregularities, consisting principally of pastors placed over blank spaces.
 The rejected ballots submitted by MT. Davidson were then identified by E. c. Babson. one of the, Brooklyn counters.
 The moderator from the Third district, Rillingby), W. J. Greenslit, testified that 54 envelopes were thrown out because they were endorsed by one name only. :,
 The town of Mansfield was next heard from Pa1rh w Ctorrs tho fOwn clark of that town at the time of the recent election, produced in court 129 democratic ballots on which no name appeared for judge of probate. These ballots had been, however, admitted and counted in the vote. It was brought out that the prohibition tickets, 19 in number, did not have the name of any person on them for judge of probate, and these ballots will be pro- duced in court later.
 | Gardner Greene was then recalled for the pur- pose of identifying bundle of Meriden and Bridgeport ballots as samples of those used in those cities at the recent election.
 Lewis Bowers, town clerk of Oxford, testified that the original count gave Phelan S7 votes and Mclean 100. A recount was, however, made, re- He also testified that all the democratic ballots ! cast except one bore the title of judge of pro bate, but DO name of any candidate There | were also three prohibition ballots on whicf | there was no candidate for judge of probate.
 James B. Dikeman Weston counter, pro duced in court a sample of the democratic bal lots used at the last election, on which appeared the name of no candidate for judge of probate ! About sixty of the democratic ballots had past
 ae for uaSe % s 9 sa could not remember anything about any prohi | bition ballots.
 IT in the same town at the recent election, test1
 fled tn at there were four prohibition ballots cas | at that election which bore no name of any can | didate for judge of probate.
 ! William M Bates, counter in Thompson, an, both testified that the regular democratic ballot ! in both towns bore the name of no candidate fo Jndge of probate. In the latter town Pkelan'
 The town clerk of Killingly, L. F. Preston, tef l tifed that at the recent election ffry-four enve opes were thrown out, 1t being claimed that the
 were not properly endorsed. These were nc ! discovered until six months after the election.
 Lewis u Ea9i a counter Ia the town + or sm nit
 one exception the regular democratic ballo'
 bore no name for judge of probate. On this on | could not remember anything about the pr'
 hibition ballots Judge Harrison here intr' | which was signed by Mir. Euo. This certfica1 | showed that there were no returns made fe
 though there % were S twenty ven votes cast for M
 Palmer, the prohibition candidate for secretar The republican registrar of Simsbury, Reube
 Chase, had in court with him 13l democrat
 in the office of the town clerk. Eleven
 these, the witness testified, contained Phels ! pastors. The prOhIb1t1On tickets DOr0 the nan ! of no candidate for judge of probate.
 The next witness, John M Nickerson, tow
 clerk cf Bedding, produced the ballots cast
 that town at the recent election. The witne | identified one of the democratic ballots whit l was written the name of William A. Lounsbul under the title of the office of judge of probat The witness testified that all tho democratic bs ] lots cast in the town at the recent election we f ! of the same general character. The witness tes l lot box, sealed up by him and locked up in
 safe. Judge Harrison objected to the ballots was no proof offered that they were the ballo originally cast at the election Judge Hall st1
 deci ed that The ballots were not receivable. ( CT, ss examination the witness testified that u ! prohibition tickets contained the name of . ca
 Lawrence m F. Sturgiss and David s. Bartrar I counters in the town of Bedding at thee rece ! election, were called and identified the regui ! democratic ballots cast at the recent election
 which were printed the name of Mir. Phelan f. | secretary of state, but did not contain the nan
 of fGr 9bd sgs i asres ! tha; all the democratic ballots cast in his dl
 tric at the recent election contained the name | q candidate for judge of probate written thereo g One of the counters in Canterbury, A. H. Ma D thewson, testified that thirteen ballots we ! counted in his town that had the name of Day ! s. Kenyon printed on them as a candidate f
 judge of probate, while as matter of fact {, n F. ! Kenyon was not candidate and Marvin H. Sa ,- | ger was the regular candidate
 senatoF Thaysr gaye ties testimony m which " W l. l noon, except that ha went into particulars to r whS z; hs ed 2, | in the Fourth dis rict in Norwich, testified tn e for all the democratic candidates c1ceptl er ! Comptroller Staub thirteen smore votes we
 credited than were found in the box. That | John J. Phelan, tho reator in this case, had ere
 ited to him upon the moderators returns
 votes, while onIy 232 ballots were found in
 box for him.
 When Lawyer Cole had finished with the W
 ness, Attorney Harrison asked permission to ( | a Dipa in n
 counsel objected, and then came the first imp
 tant clash of the trial Attorney Harrison sa 'sWe have no desire to attack the character
 any ballots which we bel eve to have been h:
 esily cast, but the gentlemen on the other s
 have come into court and have given evider
 that they intend to cut down the majority wh
 Mir. Phelan has received by counting out cert.
 are willing to meet them on this ground and
 the same thing with ballots cast for Mclean '
 Msny oa Rs sor the ds1
 into court an1 by the memory of men and C
 tain returns they claim to have made out a e
 and there they rest Then they want to put
 more evidence by using our witnesses tn
 own. We do not wish to go into the matter
 our best. wish the court would rule on |
 lie was answered at length by both Lawy
 Harrison and Stoddard, who claimed that
 court should not rule on the point, as this
 one of the points which the supreme court Wo
 bs called upon to decide.
 Judge Halls only ruling on this point was tt
 if the democrats wished to put in new evidel a l after they rested their case, the ubcs ry l would be allowed to do the same thing. l would see that both parties had equal oppor a | mites.
 IS. In producing evidence for the respondent said: "If the reIator discovers some evidence ln himself he may use the same means of obta to ing it. For the purpose of convenience hs
 allowed the relator to produce evidence wh he strictly should come in at reouttal. don't tAi or l the defense must necessarily be made to rel
 to lhis evidence at this time. l shall hold tt at need not reply until they've finished the case B; ! rebuttal. The respondent is, think, bound st l exhaust his case before he can close. You nd bound to beat down so far as yon the lator's apparent majority but so far as replyi ,is to the evidence put in now by the reator is c .i- l can't go into Q ballot box and take out j, 10 | what you want and preclude the other side fr nd | Obtaining what evidence he can secure from nd l same box.'
 ed The court adjourned at 45 o'clock until CT | o'clock tmS morning. when the hearing Wul { {: | resumed.