Waterbury Democrat., 1903-01-06
The Hoadley-Plant Case Will Be
 Heard in Hartford.
TWO SUITS. FOR DAMAGES


 Damages From the Consolidated
 Railroad Judge Gager in the Dis
 trict Court Room Is Hearing Con-
 tested Election Case-C Counters Go
 Through Ballot Boxes Again in
 Donahue- Perkins Case.
 Judge Shumway opened court in theS superior court room proper at 11:30 o'clock. A few motions in the Partree vs Atwood case were disposed of ina- mediate1y. An order for an auditor or committee was allowed to audit the books of the defendant and inquire into the profits and expenditures of the; property since it passed into his posses sion about twenty years ago. Judgel Loomis of New Haven was appointed committee, providing he sees fit to accept the appointment and has theI time to devote 10 the work immediate- ly or within reasonable time Attor- ney Root, counsel for the defendant, opposed the motions, while Colonel Burpee appeared for them.
 The Hoadley ys Plant case also came up. There are number of motions to be heard in this matter, a motion to expunge certain papers filed by the de-l fense and a demurrer also filed by them. It was agreed the hearing should take place in Hartford on the 16th.
 The way was then clear for regular business and the two cases of John J. Bolger and Thomas H. Hayes against the Consolidated Railroad Go were taken up. Each case is for $1 900 dam ages. Bolger was in the employ 0F Hayes, engaged on an ice wagon. On August 23, 1900, he was driving across the railroad tracks at the Porter street crossing when train came along and damaged the wagon to quite an extent, also the double harness on the pair of horses, killed one horse and hurt the other. Bolger was thrown to the road- side senseless, one wrist and his collar bone broken. He was unconscious all that day. and when he recovered he was in bed in the house of his brother, Bernard Bolger. For two months he was laid up, returning to work about the Fist of October. His sister-inlaw's bill for nursing was $S5, of which he has paid $40. He has not paid nor {Ii he know the amount of Dr. Russell's bill for medical attendance, and he paid $10 on his medicine bill. He did nVf know what the full amount was. He testified that he has not fully recog- cred from his injuries. He is subject to headaches at the approach of in-I element weath and his shoulder pains him frequently. It was impossible for him to see along either side of the raiI- road tracks on account of freight cars and houses obstructing the view, nor did he hear an alarm bell or any othe@ warning of the approach of the traiI4 < Burpee and Carmody appeared for thei plaintiffs and Kellogg for the defense.l Both cases were tried together Tho cases may not be finished today The election case of Edward J. Donx ahue versus D. R. Perkins ct al for constableship was resumed befor0 Judge Gager of the superior court in the district court room this morning. This case is substantially a repetition of the case of Flanagan versus Hynes. It is based upon the same contention which arose over the name of John Fl. Flanagan being on one of the tickets used at the last town election. Att torney Root appeared for Donahue and Attorney O'Neill for Perkins, who re- ceived the next lowest number on votes to Donahue. Donahue's claim < is that if the so-called Flanagan tick ct is allowed, as it was in Flanagan's own case, he will be declared elected and Perkins declared defeated. The ballot boxes were produced Tn court and the counters. Attorneys !. J. O'Neill, T r. Guilfoile, T. A. Peasley and E. E. Kelley, being sworn, the boxes were opened and the re-count- ing began.
 If however the facts are the same, the claims of the attorneys are entirely reversed. Tn the Flanagan-Hyne case Attorney Root claimed all the votes castl for Flanagan were legal and therefore ought to have been counted, and Mir O'Neill. representing Hynes. entered tho same claims respecting the Hynes ballots. Tn this case MT O'Neill claims every one of the Hynes ballots are H. legal and should be thrown out, and Mir Root says the same should be done with the Flanagan ballots. Tudg& Shumway decided the Flanagan balI0tfxs were lawful. and If Judge Gager del cides they are unlawful and should not have been counted. then Perkins wasI locally elected and Donahue defeated.I Whereas if he determines that thel Hynes ballots were lawful, there IS n contict of judicial opinion and Hynes is likely to be declared elected in the end
 At press hour the votes for Donahue and Perkins were as followa: First ward Donahua 346 Perkins 2A2.s second ward. Donahue 2S7. Perkins a77: third ward. Donabue 376. Perkins 37a: fourth ward, Donahue 615, Perlxinst t27; sixth ward, Donahue 33, Perkins 54.