Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-12-20
Is 1T BALDWIN Or GARRITY 2

rhe Hearing i'm the superior Court |
the Town Agency Matter-Judge
Hall Takes the Papers and Will Re.
port His Finding Later.
The first inning In the controversy be-
tween Robert e. Baldwin and John Gar
rity to determine which Is first selectman
and town agent took place in the superior
court room before Judge Hall yesterday
when hearing was given upon Mr.. Bald
wins application for certificate Of cleo
ton as first selectman. A large number of
spectators and witnesses were present and
much interest was manifested in the pro-
ceedings. Afte, an exceedingly brief hear
ing Judge Hall took the papers in the case
and reserved his decision. It is expected
that he will decide to-day or tomorrow
whether the allegations set up are sufficient
to warrant reopening Of the ballot boxes
or not. In the event of an adverse de-
cision the counsel for Mr.. Baldwin will
amend their petition and again present it
to the court.
When court opened John Clarity and
his counsel. Attorneys Henry Stoddard
and w. 8. Pardee, we're present, as were
also Robert E. Baldwin and his counsel,
Herbert E. Benton and James 8. Bishop.
The ball was set rolling by Attorney Ben.
ton who presented his petition to Judge
Hall and stated that the petitioner, Mr..
Baldwin, alleged that he had received 8, zoo
votes and that Clarity had but {, sSe TO,
the position of first selectman. He stated
hat NJ Po11xv{y1 tho n rat
named on plurality of ballots and there.
fore should be given q certificate of cleo
ton under the statute.
Here the judge inquired of Mr.. Benton
whether the petitioner asked for reopen
| ing of the ballot boxes.
Mr.. Benton said: "We do, your honor
There is no other way to determine the
matter. We make the allegation that Mr.
Baldwin is the first selectman. The gen
tlemen on the other side deny the sllega
ton. We ask to have the fact established
and there is only one way to determine thu
point. That Is by opening the ballot boxes
We have here an order for the production
of the ballot boxes which we shall ask you,
honor to sign"
At this, Attorney Stoddard, counsel TO,
Captain Clarity, arose and stated that THU
was the first intimation he had received
claimed that no ballot box was ever opened
except on preliminary proof. They mus
make a prima facie case before they car
have the boxes opened, he argued. "Judge'
always require that prima facie case shal
be proven. The application must show
that.the count was wrong. Your honor hasn'
the power to open the boxes upon such {
statement as was set up in the petition"
"There is no precedent for such a cast
as this" answered Mr.. Benton. "Thii
election has no result. There has been NJ
declaration of election. We don't ask Il
unseat anyone. The moderator made NJ
declaration and We apply to your homo
for a certificate of election"
Here Judge Hall said: "It is only wher'
some error or fraud exists that the assist
ance of the superior court is required.
ought to be advised az to just what tn
difficulty is"
GAS the case is presented to me am no
very clear upon it. am not prepared tt
say that I would not open the boxes q
| this time upon this application. If you ar
willing to submit the papers to me vii
take them under consideration. Ny I'm
preston ia that before you receive such a,
| order you should state more specifcall,
l your ground for the reopening of the bal
| lot boxes"
"We will leave the papers in your pos
| session, your honor, and ask you to pas
| upon them," replied the counsel, ant
Judge Hall took the papers, reserving hi
l decision. This ended the days proceed
inps