Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-07-11
SHERIFF FOR GRAF TON
Claims of the Rival Can
didates in Court.
THE CASE INTERESTING.
The Incumbent Called Upon to Show
by What Right He Holds Office.

CONCORD, n. IT,. July IA hearing was
held In the senate chamber yesterday af.
ternoon before Judges Carpenter and
Chase Of the state supreme court on the
quo warranto proceedings instituted by
Silas II. Brigham, Democrat, of Lisbon, re-
quiring Charles o. Hurlbut, Republican,
Of Lebanon, TO show by what right he 10
exercising the duties Of the office Of sheriff
Of Grafton county
At the election last November these gen.
tlemen were candidates Of their respective
parties for the shrlevalty Of Grafton
county On the face Of the returns Mr.
Hurlbut had plurality Of 10 A TO
count OF the votes was made on the
demand Of Mr. Brigham. and bis claim is
that the recount showed him elected by a
plurality Of @ This Mr.. uurlbut de-
hies, though admitting that he suffered
slight loss by the recount, but not enough
TO overcome his original plurality Of 10
These proceedings were pending at the
hme OF the Almy execution. which was
conducted by Mr.. Hurlbut, and have
Attracted Considerable Attention
throughout the state, Mr. Huribut hold
Ing the Office and Mr.. Brigham seeking 10
dispossess him Of II on the ground that
the votes actually cast gave him (Brigham)
the election. Eminent counsel IL en-
ployed on both sides Of the case, including
Councillor II. N. Parsons Of Franklin, ex.
Judge William l.. Foster OF this city and
William II. Cotton Of Lebanon for Mr..
Hurlbut, and ex-J udge George A Bingham
and son of Littleton for Mr.. Brigham.
Without an order from the court Seo-
II n
In the votes cast In the town Of Campton
at the November election, on the request
OF counsel for the plaintiff. The plaintiff
asked the defense TO admit that the votes
came into the possession OF the secretary
piled with all the formalities required by
the statute In securing the recount The
defense assented
copy Of the tabulation from the clerk OF
the Grafton county court upon which
Mr.. Hurlburt was declared elected. Mr.,
Brigham said they proposed that counsel
On both sides examine these votes, and II
they disagreed as 10 their count or to the
character OF the votes, then submit the
disagreement 10 the court for settlement
The recounters had disagreed as TO certain
votes; in some towns there was no dis.
agreement; and the plaintiff put In the
votes from the towns where errors were
found and admitted by both sides
Mr. Parsons insisted that this wouldn'
do. but that the whole vote Of the county
must be put In. Judge Chase suggested
that II would be better 70 rest their efforts
on che vote of towns where either party
was dissatisfied with the original return
and not take mp those towns In which
neither side claimed any errors had been
made.
The judges suggested that counsel count
the votes, and lay aside those that they DO
not agree upon, and
Refer Them to the Court
at . subsequent time Judge Chase sug-
gested that they make an experimental
work with the Campton vote, or any other,
and see how they get along, see what Ques.
tions might arise. and thought IL might
turn out that there was no difficulty In the
counsel agreeing.
The defense objected TO the reception OF
the Campton votes, on the ground that
they had not been received by the secre-
tary and kept according to the require
mepts OF the law, coming In sealed and
having been out OF the possession Of the
secretary while being inspected. The court
overruled this objection, and the defense
took an exception.
The application Of Mr.. Brigham FOR a re-
count was put into the case by Mr.. Brig.
ham. and then the Campton package was
opened and the votes counted, the judges
remaining to see the work done, Judge
Carpenter remarking that the court didn't
propose TO do any counting; that must be
done by the parties.
The original return of the Campton vote
was Hurlburt. 1855; Brigham, 138 The
parties after carefully going over them and
spending l-2 hours time in the work, re-
ported to the court that they had agreed
that the true state OF the vote was Hurl-
burt 1854; Brigham, lss net gain for the
latter of three. ---A