Morning journal and courier., 1894-01-23
IN rAvoR OF GARRITY.

Judge wheeler Dlsmisses the PEI
tition or II. r. Baldwin Asking for
Recount OF the Votes Cast at the
Recens Town Electlon-His De-
cisI0n In Brief.
In the superior court yesterday Judge
g. W. Wheeler handed handed down his
decision in the petition brought by Robert
e. Baldwin asking for recount of the
votes cast at the recent town election, so
that 1t might be determined whether he or
John Clarity had been elected arst select
man. By the decision the petition Is dis
missed. on the ground that the petition
failed to establish . prima facie case, and
therefore the Judge had no right to order
the boxes reopened and the votes re-
counted.
While the decision of Judge Wheeler Is
very comprehensive and covers every point
raised by the counsel for both aides, its
especially interesting points are covered in
the following brief extract:
"Exclusive of the First and Ninth
wards, Garrity's majority for first select
man on the above computation IL 555. In
the Ninth ward Mr.. Brown says the vote
for Baldwin was 1851 and for Clarity 473;
that each received some votes on the
eelectman's ticket of his opponent, but
how many. or where located, he could
not say. No other evidence was offered
on their vote in this ward, SO that
there are no means open to the
trier of determining how many votes
In this ward were cast for Baldwin for
first selectmsn. Upon this point there IL
NO evidence before me. Tho presumption
is that all of Gsrrity's vote was cast fol
him for fret selectmsn. There is no such
presumption in regard to Baldwin's vote.
case that he has received for first sele ct
man plurality of the votes cast, and he
has omitted to prove what vote for first
selectman he received in the Ninth ward.
The trier has no alternative but to count
Gsrrity's vote In this ward a. his vote fol
fr.t ss 70 and not to count Baldsin''
"The petitioners counsel claims Bald.
wins majority for first sslectman in thu
First ward to be 1928 and In the Ninth ward
1856, or in both wards 554 It has been
found that Gsrrity's majority in the Other
wards Is 555, 90 that BAldwin's majority
for first selectmsn ON the petitioners claim
IL 8. But 1t was conceded that through
Twelfth wards Garrity's vote ought tt
have been five more than it was, thus leav
ing Baldwin's majority for first selectmar
T."
Judge Wheeler then goes on to say thai
1t is apparent that bundle of 10 demo
cratic votes were not counted in the Sev.
enth ward. In conclusion he says:
81 am therefore compelled to conclude
that, whether the vote of the Fret ani
Ninth wards be counted as the petitioner
claims or not, the petitioner has not es
tablished q prims faoie case that Baldwin
received . plurality of the votes cast fol
first sslectman, but has established from
the evidence before me that Clarity re
ceived a plurality of the votes cast for frs
| selectmsn.
1.-THE conclusion to which have COM
| renders 1t unnecessary that I should pas
| upon the questions of the effect of the 49,
license and non-license votes found In en-
| velopes containing the ballots for towl
| officers in the December election land O.
the effect of the envelopes cast in tn
Seventh ward which were consscutivel,
| numbered. The petition IL dismissed"