Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-12-27
THE Town AGENCY.
The Second Petition Asking for a Re
I count-Judge Wheeler Orders tn

THE TOWN AGENCY.
The second Petition Asking for Re-
count-Judge Wheeler Orders the
Hearing for January 6.
Yesterday Constable Spiegel served no.
tice on Acting Town Agent Clarity of the
tendency of second petition of Robert |
e. Baldwin, who through his counsel, |
Herbert e. Benton and James Bishop. is |
seeking to be declared elected to the Office |
of arst sslectman. The petition was
signed in Bridgeport Saturday by Judge
George W. Wheeler, and the hearing on 1t
set down for Saturday morning. January
9, ut 10 O'Clock, In the superior court in
this city.
The amended petition sets forth that the
counters in the several districts failed to
mako separate count of the number of
ballots upon which the candidates for the
Office of first selectman, namely, R. E.
Baldwin and John Clarity, were first
named; that . declaration was made that
Baldwin received e,705 votes and Clarity
6,6Ss. The allegation is further made that
the plurality of votes In favor of Mr.. Bald
win as candidate for first selectman was
larger than returned for him because he
was first named on more of the pasted bal
lots cast for selectmsn than Clarity. The
petition than goee on to state that the town
moderator was unable to declare anyone
ele cted as first selectman. In conclusion
the petition states that Clarity performs
the duties of the first selectman,- and re-
fuses to recognize Mr.. Baldwin. The petit
TONER then ssks that the ballot boxes be
opened and q count made of the votes cast
for the first selectman, and also that Ger
n6cate of election be given to the petit
TONER.
After rsciting the fact that an election
was held the petition proceeds as follows:
3. On said day, at said meeting, your
petitioner was q candidate for selectman,
his name being first on the regular repub-
loan ticket for selectmen voted at said
election OF town officers. copy of which
10 hereto annexed marked 'Exhibit A."
John Clarity, of said town of New Haven,
was also . candidate for selectman at said
meeting his name being first on the regular
democratic ticket for selectmen voted at
eaid election of town o1acsrs, copy of
| which ia hereto annexed, marked "Ex
| hibst B." The only other candidate for
selectmsn whose name first appeared on
regular ballots was Henry g. Collins, and
of such ballots there were cast only eighty
|
was first on any considerable number of
ballots of any kind.
| g. The counters In the several voting
districts of said town failed and neglected
to make separate account of the number
| of ballots upon which the said candidates
| were first named for selectmen, and the
only return made by the district modera-
| tors TO the town moderator of the votes
cast in their respective voting districts for
the said candidates was of the votes cast
for them as candidates fer selectmen, and
the only declaration made. or which could
be made, by the town moderator regarding
the votes cast for said candidates was az
to the votes cast for them as candidates
for selectmen, which declaration was as
follows. to wit: For Robert E. Baldwin,
6,705; for John Clarity. 6, 1856; for Henry
@. Collins, 50, showing plurality over
said John Clarity of 10 votes in favor OF
your petitioner as a candidate for select
man. Both said Robert E. Baldwin and
John Clarity were elected selectmen al
said meeting, and were 80 declared.
Il 4. The plurality of votes IN favor Of
your petitioner over said John Clarity at
!: candidate for frst selectman was large
than that returned for him as a candidate
for selectman because he was first named
on more of the pasted ballots cast fol
> selectmen than was the said John Gar
rity.
> 8. Your petitioner was the person frs
: named on plurality of the ballots legal,
3 cast for selectmen at said election, and is
: BY virtue of the statute in such cases mad
and provided, entitled to hold the offic
of, and to oficiate as first sslectman o
said town.
6. Because of the said failure and neg
lect of the counters in the several votin
Q districts of said town to make separat
+ | count and certificate of the number of bal
o lots upon which your petitioner the eai
D John Clarity and others were respectivel
, first named for selectmen, and because O
q the said failure and neglect of the distric
;, modsrators to return to the town modera
g tor the number of ballots cast in their re
l. speotive voting districts upon which you
q petitioner. the said John Clarity an
others, were respectively first name
> for selectmen, and because of tn
II | inability of the town moderator, on &C
l. count of the incomplete returns made t
y him by the moderators of the several vol
?. ing districts in said town. to declare any
= one elected to the Office of first seleotmar
d your petitioner has been and is wrong
It fully deprived of said Office of first seleci
l. man, to which, by virtue of the statute
l. such case made and provided, he is er
% titled.
y z. The said John Clarity claims to b
It first seleotmsn of said town. and is pei
3 forming the duties of said Office, and hs
3. refused to recognize your petitioner g
le first selectmsn and to allow him to pei
r. form his duties as such officer, althoug
n requested 30 to do.
&c =. No special appointment of an sger
l. of said town has been made.
Wherefore, your petitioner prays:
q l. That the ballot boxes in which th
l. votes for selsctmen were cast in the &c,
B. ersl voting districts in said town at sal
% election and in which they are now d,
70 posted, may be opened, and count mad
o of the votes for first selectman on the ba
d lots therein contained.
IT 2. That your petitioner be declared I
# have been elected at said meeting and {
o now be the first selectman of said town {
r New Haven.
A 8. That certificate of his election 9
!! first selecEmsn of said town of New Have
n be granted to your petitioner.
n 4. Such other relief as may be proper
II the premises
. Dated at New Haven, Conn, this %
d day of December, A. D 1898.
10 ROBERT E. BALDWIN,
7. By his attorneys,
h HERBERT E. BENTON,
IT JAMES BISHOP.
!, Following is the order of the court tbs
7, the hearing be had Jan. 6, at 10 O'Clock ii
l. the forenoon at the superior court In tn!
20 city.