Morning journal and courier., 1892-05-11
nRING.THE moDlsRAToRs IN.

The Lists of the Ballots Sworn to by . she Town Clerk on PFlma Facie Evi-
 dencs-A Death BIow to the Demo-
 cratic ClaiM-Counters sworn.
 The Phelan-Walsh quo warranto case came up before Judge Hall again yesterday.
 When the famous case was begun Judge Lynde Harrison and Judge Henry Stod- dard were present representing the demo- cratic plaintiff and Hon. Henry c. Robin son. Hon. William 0. Case and Charles J. Cole the republican secretary of state, R. Jay Walsh.
 The trial waa opened by the reading of l the lengthy amsuded complaint by Judge stoddard, who occupied nearly three quarters of an hour. Attorney c. J. Cole of Hartford read the defendants answer to | the information.
 l The frst witness to take the stand was | R Jav Walsh. He testified as to the cleo 1 tion returns which were made in his office after the last eIeetion and said that he did not think he nov had @ complete set of | returns.
 The next witness was R. s. Htnman, I chief clerk of the SC cretary of state's office. He also said that he did not think there | was a complete set of returns in the office now. The only complete set was given to the leois,ature on JsnuaTy 7, 1891, and he had not had them officially since that time.
 Andrew F. Gates, assista'nt clerk Of the house, had taken possession n Of the returns finally.
 MT. Gates next took ths witness stand and produced the returics which he had
 taken into his charge on the first day o1
 the session of 1891. He testffet that he
 had had them in his possession all of the
 time except for @ short time wha<n tne
 senate and house committees had them.
 After Mr. Gates had testified as to tLe
 records, the attorneys for the plaintiff
 wished to have the returns admitted in
 evidence as exhibit A. A long argument
 followed on each side and the court ruled,
 in brief, as follows: ''The evidence to be
 admitted in case must be governed by
 the rules of law in the state where the case
 is on trial. In this state do not think the rules would admit this evidence. Precedence alone should control case. The best evidence alone can be employed,
 and the question is, can these returns be used in this easel If called upon to rule . on this question should feel compelled to say that these returns are not the best of
 evidence, but only hearsay evidence. ] should procure lists of the ballots cast and sworn to by the town clerk of each town
 in the state and should produce one of
 the counters in each town who signed the
 returns so as to make oath in court as tc the correctness of the returns"
 ,l At 9 o'clock Judge Stoddard arose and , decided to accept the courts ruling. The relator's council wanted to open the bal lot box from the Fifth district of Bridge | port, which contains the celebrated 12t 7 specked ballots. But ss this was not 1T
 their pleadings and the respondents in
 tended to use this in the defense, it wal ruled out at this stage of the proceedings . Town Clerk Brethauer, John N. Neagher l 1 counter of the Third ward of Bridgeport 7 Frederick c. Mullins, counter of the Fift1 8 ward of Bridgeport; William H. Marigold counter of the First ward of Bridgeport l and the following counters of wards il = New Haven were called and testified to thu
 correctness of the count: Walter Leigh F First ward James E. McGann, Thirt
 ward; Daniel Colwell, Second ward; Jo
 seph B. Cunningham, Fifth ward; Sey
 mour c. Loomis, Eighth ward. Cour @ was adjourned until 10 o'clock Thursda, g to give the relators time to secure thei ! witnesses.
 There are 169 towns in the state, and tn
 expense of getting counters from each o 8 these towns will be enormous.
 : THE BRINGING OF THE FAMOUS BOX TO THI