Morning journal and courier., 1894-01-16
DECISION Is RESERVED.

The Arguments Made Before Judge
wheeler In the Case OF r. Il. Bald
win W. John Garrity 60 Deternine
Who IL First Selectman-Judze
Wheeler VIII Render His Decision
A. Soon a. Posoible.
In the superior court yesterday tho
arguments on the petition Of Robert z.
Baldwin to open the ballot boxes in order
to determine whether he or John Clarity
was elected first selectman at the recent
election, were made before Judge Wheeler,
who took tho papers and reserved his de-
cision.
The arguments for the petitioner were
opened in an able manner by Attorney
Herbert e. Benton who eloquently and
ably set forth reasons deduced from the
evidence Why the boxes should be re-
opened. He said during the course of mis-
argument: 1--WE hold that the petitioner
has established q prima facie case, suf-
aciently strong 10 warrant your honor to
order the ballot-boxss opened, even under
the stringent election laws relating to this
question, which now exist. The case be.
| fore you, your honor, is different from
any presented to the courts to my knowl-
edge. We do not ask you to open the
ballot boxes and perchsnce, by 80 doing.
upset the will of the voters, unseat any
of6oenolder declared elected, or to cast
any stigma on the performance of duty
of the sworn election officials. In
this case there has not been any
declaration of the vote, and In asking
that the boxes be opened We doso to secure
such declaration. By the evidence your
honor heard Saturday, after constituting 1t
in the fairsst and most conservative way,
Mr.. Baldwin has gained "a votes over Mr..
Clarity, and lost 20, making q net gain of
IA votes. This itself Is sufficient reason,
We think, to warrant the opening of the
boxes" The attorney then turned his at
tention to the allegations of the respond
emit, that number of votes were Illegally
counted, because there were cast in the
same envelopes with them license or no IL
cense ballots, and cited number q decis-
ions to repudiate the claim that the votes
in question were illegal. In closing Mr..
Benton said:
I'm view of the fact that your petition
| er, by the evidence, Ia shown to have re-
ceived plurality of the votes cast; in
view of the fact that there was no declara-
ton of who was elected, and in view of the
| fact that the Office is vacant and awaiting
| its legal incumbent, we feel that We are
| entitled to have the ballot boxes opened
| and the result of the election declared"
| Attorney Benton was followed by Town
Counsel Pardee, counsel for Mr.. Clarity,
and set up the claim that the petitioners
| counsel had made several mistakes in his
| computation of the number of votes past
ed. He was followed by ex-Jndgs Stod.
dard who, during the course of his argu
ment, said: "The testimony given instead
of clearing the case of confusion has made
it all the more confused. Tho pstitione,
claims that his case is unique, and ask
your honor to adopt some unknown rule
and assume jurisdiction to declare whst
was the will of the people.
I'VE take issue with the petitioner di
rectly and specifically, and we trust tina
your honor will not find that the case ia u
unique and peculiar that you will consider
it your duty to declare him elected, as tn
petitioner asks you. This court Is not I
part of the election machine, and 1t has no
the jurisdiction to dispel doubt or to an
swsr election conundrums, except where
petitioner establishes . prima facie cas-
showing that he has been elected, but lille
gally kept out of his Office"
Mr.. Stoddard then went into the law II
the case and cited authority upon authori
ty in support of his claims.
Attorney Ely closed the arguments TO
the petitioner in q very able manner, abb
answering the questions raised by ex -Judg
Stoddard.
Judge Wheeler then took the papers an
, reserved his decision, but will render 1t q
| soon as possible.