Morning journal and courier., 1892-05-27
ARE STILL AT TIT.

ARE STILL AT 1Ts The Phelan-Wa alsh QUO Warranto
 Suit Progressing Slowly - Those
 Specked Bridgeport BallOts-Testi-
 mony of Practical Prlnters-The De-
 fense Rests and the Evidence in Re-
 buttal Commences.
 Many points of an interesting nature were developed during the course of the Phelan-Walsh quo warranto suit yesterday in the superior court. The day developed some of the most important testimony which has yet been brought out. The Bridgeport alleged marked ballots formed the principal subject of the day. The de- fense in the t,ase is now practically fin | ished and yes erday the plaintiff com menced introdu ing evidence in rebuttal. |
 When court pened at 10 o'clock Marcus l A. Casey, vice resident of the Case, Lock | wood & Brainard company, was called to the stand for cross examination, his direct testimony having been concluded Wednes- day afternoon late. MT. Casey still re- mained of the same opinion that he ex- pressed on his direct testimony, viz, that the marks on the ballots were made by the process of printing and thought that the speck was caused by defect in the plate perhaps piece of the roller composition that might of adhered to the plate.
 Owen Brainard, 8 counter in the town of Haddam, was then called and testified that at the recent election thirty-seven ballots were cast and counted which bore the name of no candidate for judge of probate. George B. Whitney. of Bridgeport, ! called by the defense, said he was practi- cal printer of thirty-two years experience. l The day of the election he was called from | the Standard office, where ke was employ | ed, by MT. Disbrow, to examine some | specked ballots. He examined the ballots with glass and gave as his opinion then 1 that the speck was caused by some sub
 stance that tadhered to the plate. It might have happened in another way also. A portion of the plate might have been
 was made, and this could cause the inn pression. Such accidents had been fre- | quent in his experience. MT. Whitney ex- amined the ballots again yesterday with the aid of glass, and reiterated his previous opinion.
 Judge Stoddard cross-examined. First
 the glass and ballot were again produced
 and MT. Whitney was asked to look at the | speck. He did so. Judge Stoddard then
 asked if the edges of the mark were
 not cleanly cut, as if made by metal or l wood. MT. Whitney said the edges were l cleanly cut, but he did not believe in the
 metal theory. He thought the impression
 was made by piece of the composition
 roll that adhered to the plate.
 Theodore Keller of Wesport. counter,
 testified that on none of the 352 democrat
 ic ballots cast in that place was the name
 of the candidate for judge of probate
 printed. Of this number 305 had the can
 didate's name written or pasted in the
 blank, but the remainder were left blank,
 thus adding AT more ballots to the republi
 can claim.
 EVIDENCE IN REBUTTAL.
 ! The first witness for the rebuttal was Edward l M. Platt, ths moderator for the town of Win
 chester. He produced half dozen prohibition ! ballots samples, he said, of forty cast at
 the last state election. Mir. Cole objected to the l admission of the ballots evidence if they were
 put in for the purpose of contradicting the evi-
 dence already put in by the relator. Ex-Judge l Harrison said that he introduced these ballots to
 sh9W h,d that h some & ballots which were thr9w1
 been counted should have been rejected for the
 Mr. Cole said: GAS I understood the judge.
 ruling wherever we have gone into O ballot box | the reiator had a right to do the same. We did those ballots which were rejected; therefore dc , not think they should have the privilege of Judge Harrison claimed the evidence and
 Judge Hall ruled it in, claiming that it was per then testified that the forty three ballots in aues | tion were admitted and credited in the returns judge of probate John Scranton of the same
 town was shown sample of a ballot similar te bore the name of a man not known in the ton n scanlon was asked if he was offered such bal it on condition that he should receive ! certain sum of money if it was found in the bo, Then Mir. Harrison ordered the remaining bal lot boxes @ to be brought in and proposed to th'
 assort the baos De bI s sH CT surprised the plaintiffs lawyers by saying i 8 was not proper for them on rebuttal to open the l opening them and bring preliminary evidence t, show what was in the boxes and what they ex l open the boxes for the purpose of going intt
 then fo97oy on s9yaEe Of diseoyery long discus were irregular prohibition and labor ballots ei ii @ them ao For instance, in the Second ward ther z. l judge of probate and two irregular labor bal f Suppose" said Judge Hall .you should fin,
 in that box 300 republican ballots without tn
 name % of judge of probate on them?"
 s we should claim them as evidence" said MT s That is what I object to- said Judge Hall # wS, VI don't want any experimenting of that sort 6 is nothing more or less than contested electio d case, and in opening those ballot boxes you mus th;n state what you expect to prove, and rely o r The prohibition and industrial reform ballot !. Thirteenth Fourteenth and Fifteenth wards c l this city were produced in court by William S
 livered to him by Registrar John Carney, wh h d had taken them from the boxes in the tow 1t containing the vote of a ward. tt Inis me me or testimony was objected to by Al he merely wanted to have the witness identif d ! them as ballots delivered 10 the witness an
 that later he would cali Mr. Carney and tn
 | fn lafo fba ,osr, DFo II
 democratic ballots in suffield and other town was admitted for the purpose of identification. Continuing the witness said that MT. Plgott an
 turns of the counters and had marked them wit
 red and blue blue penei a He then identified tn
 counters returns exsePt in the case of the Firs 0I On crossexamination by Attorney Cole Nil 0 Pardee stated that the straight tickets of bot i l parties wore at once thrown into the fireplac ? and burned, but that all the other ballots wer 0 laid aside. These latter were allowed to lie o MT. Pigott's table for some little while and wer i then locked up in the bookcase belonging to tn 0 witness, The witness did not have the prohib tion ballots in the other wards and could not ez - plain why he had saved those which he did hay
 John P. Carney, the registrar of this city, wa ths next witness called He testified to the taH clerks office while rhe town clerk was preseu and the carrying of these ballots to the office c b. l Pigott & Pardee and delivering the ballots t e, them After that he had placed them in bag J. | ln the town clerks Off1ce
 Is The next witness James P Pigott, stated tha " the bags were brought to his office by Mr Carne and that he separated the scratched tickets rroI . the straight ones The straight tickets were a k- once burned, but the others preserved Tn ,n marking on the packages of ballots was done b 5. | Mir. Pardee.
 On cross-examination by Nr. Case the witnes
 testified that the bags delivered to him by Nj
 Carney, which contained the ballots, were all ol le dinary meal bags and on each of the bags wa
 marked the pathetic appeal Take me back t B. l the town house." The ballots were sent to hi m office in accordance with his request, his objec Y in having them sent to his office being desire separate the scratched from the straight ballots s | Mir. Pardee also made an examination of the ba
 lots after the witness had concluded his examir
 ation of them. He believed that the prohibition
 and industrial reform ballots were also lai
 aside.
 The scene of action was then shifted to Bridge
 | port again, and Frederick c. Mullins, 8 counte in the Fifth ward of that city, was recalled. H testified in reference to the so-caed marked ba H. lots that F. s. Buckingham, a republican count = ! CT, on the night of the election when his alter tion was called to the alleged marks on the ha
 lots had most emphatically stated as his opinio st that the marks on the ballots had been made b
 lead pencil. He also testified that the Ii ctp oiephf fhn