The Newtown bee., 1902-10-17
Ten Pages.
LITCHFlELD COUNTY.
NEW MILFORD.

THE LOCAL ELECTION DISP UTE.
The local election dispute is to come
before Judge George w. Wheeler of
the Superior court on Monday next for
a review. The papers in the celebra-
ted case are as follows:
To the Honorable George W. Wheel
er, Judge Of the Superior Court:
The petition of J. Leroy Buck of
the town of New Milford, Litchfield
County and State of Connecticut, re-
spectfully represents:
l. That he was legally elected a
selectman Of the town of New Milford
for the term of one year from and
after the first Monday of October, 1902,
at the annual town meeting held in
said town of New Milford, on the first
Monday of October, 1902, but that he
was not declared by the presiding
officer of said meeting to be elected.
2. That Andrew G.. Barnes of said
town was declared by the presiding Of
fcer OF said meeting to have been
elected to said office at said election
for said term.
3. At said meeting the following
town officers were voted for, to wit:
Three selectmen, three assessors.
collector of town taxes, board of
relief of three, two registrars of voters,
two auditors, seven cOnStableS, six
grand jurors, and town school COM
mittee of four.
4. At said meeting the only candi-
dates for the Office of selectmen were
J. Leroy Buck. your petitioner, Levi
S. Richmond, Andrew G. Barnes and
Henry H. Pomeroy.
5. At said meeting your petitioner
was declared to have received 4Ss
votes, Levi S. Richmond to have re-
ceived 494 votes, Andrew G. Barnes
1856 votes and Henry H. Pomeroy SOC
votes, all of which votes were for the
said Office of selectmen for said town
of New Milford.
6. Said declaration was made by
said presiding officer CT said meeting
based upon certificates of the otticia
counters of the ballots cast at sale
town meeting, made Immediately after
the count of the votes cast at sale
meeting was completed.
7. Said certificate was Endorsed in
writing by the said presiding officer
that it showed the result of the Otficia
count Of the votes cast at said towr
meeting.
8. At said meeting there we're de
posted in the ballot box envelope!
containing ballots for town officers.
9. Itappears from said certifcat t.
that the said presiding officer rejected
three ballots as having been marked
all of which ballots should have beer
counted for the petitioner, but wer'
not so counted.
10. Your petitioner therefore al
leges that the declaration made b,
said presiding officer based on sait
certificates, declaring the said Andrew
G.. Barnes elected selectman of sail
town Of New Milford, was incorrec
and invalid.
IL. Your petitioner further allege
that said presiding officer rejected
votes lawfully cast for your petitione
which should have been counted TO
him, and said votes SO rejected wer
not counted for him by the officia
counters.
II. At said town meeting the plu
rality Of the votes cast were declared
by said presiding officer to have beel
cast for your petitioner for selectman
yet the said presiding officer refused
to declare your petitioner elected t.
said office, but declared the said An
drew G. Barnes to have been elected t.
said office, when in fact the return
made to said presiding officer by tn
official counters showed that the sail
petitioner had received a plurality o
the votes cast for the office of select
man.
Your petitioner therefore prays tina
set forth in this petition, order re
count of the votes cast for your pet
toner, and the respondent, respective
ly, and find and decide that the pet
toner was legally elected a selectma
of said town of New Milford, and tina
the respondent was not elected
selectman of said town of New Milford
And your petitioner further pray
that your Honor will summon said II
spondent, Andrew G. Barnes, to appea
before you on the Goth day of October
1902, at 9 O'Clock in the forenoon, a
the Superior Court room in tie Tow
hall in said town of New Milford, the
and there to show cause, if any h
have, why the foregoing prayer of you
petitioner should not be granted.
Dated at Bridgeport, this 18th da
of October, 1902.
J. Leroy Buck by Daniel Davenpol
and J. F. Adds, Attorneys.
To Andrew G.. Barnes, of the tow
of New Milford, in the state of Coz
necticut.
In the matter of the petition of
. Leroy Buck, of said town Of New Mi
ford, claiming that he was legal
elected selectman of said town
New Milford on the first Monday
October, 1902, for the term of one We;
from said first Monday of October, 100