Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-07-12
SHERIFF FOR GRAFTON.
The Claims Of the Rival Candidates Aired In
the Courts.

CONCORD, \. H. July IA hearing was
held in the senate chamber yesterday at
ternoon before Judges Carpenter and
Chase Of the state supreme court on the
suo warranto proceedings instituted by
Sjlas II. Brigham, Democrat, OF Lisbon, re-
curing Charles O. Hurlbut, Republican,
of I.ehanon, to show by what right he Is
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 shrievalty Of Grafton
county On the face of the returns Mr.
Hurlbut had plurality of III. A re-
count Of the votes was made on the
demand of Mr. Brigham, and his claim is
that the recount showed him elected by
plurality OF g. This Mr.. Hurlbut de
MES. though admitting that he suffered
slight loss by the recount, but not enough
to overcome his original plurality of III.
These proceedings were pending at the
time of the Almy execution. which was
| conducted by Mr.. Hurlbut, and have
Attracted Considerable Attention
throughout the state, Mr.. Hurlbut hold
ing the office and Mr.. Brigham seeking to
dispossess him Of it on the ground that
the votes actually east gave him (Brigham)
the election Eminent counsel is EN-
ployed on both sides of the case, including
Councillor f. n Parsons of Franklin, ex-
| Judge William l.. Foster of this city and
William II. Cotton of Lebanon for Mr.
Hurlbut. and ex-J Judge George A. Bingham
and son Of l.ittleton for Mr.. Brigham.
| Without an order from the court Sec
rotary of State Stearns consented to bring
| ia 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
properly, and that Mr.. Brigham had com
piled with all the formalities required by
| the statute in securing the recount. The
| defense asSeuted
| The plaintiff then presented Il certified
| 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 If
| they disagreed AS to their count or to the
| character of the votes, then submit the
| disa 2reement to the court for settlement.
| The RECRUITERS had disagreed as to certain
| votes: in some towns there was no dis
| agreementi 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 he put in. Judge Chase suggested
| that il would be better to rest their efforts
| on the vote of towns where either part y
| was dissatisfied with the original return
and not take up 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 dc
| not agree upon, and
| Refer Them to the Court
Mt 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 it might
| turn ont 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 sccre-
tary and kept according to the require
ments of the law, coming in sealed and
/
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. aud 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 10 do any counting; that must be
done by the parties.
| The original return of the Campton vote
was Hurlhurt. l65; Brigham, 1886 The
parties after carefully going over them and
| spending IL hours time In the work. re-
| port to the court that they had agreed
| that the true tate of the vote was Hurl.
| burt. i6i; Brigham. l3s, a net gain for the
latter of three. An adjournment was
| taken till TO-DAY.