Waterbury evening Democrat., 1906-05-08
THE ELECTION CASE
JUDGE REED IS LISTENING TO
 THE LAWYERS TO-DAY.
Attorneys for Comptroller Russell Are Stubbornlv Contesting Case
 Boxes Ordered Opened.


 The question before Judge Reed in the superior court to-day involved the election of either M. D. Russell or A. I. Goodrich to the office of city comptroller last fall. As everybody is aware, MT Russell, the democratic | candidate, was elected and is holding the office. Because his majority was 27 votes MT Goodrich claims error in the count in the first and second words in favor of himself, and to-day through Attorneys Burpee and Church he tried to nave Judge Reed declare the ballot boxes be opened for recount of the votes.
 Court opened at 10 and up to II o'clock or whereabouts Judge Reed ruled all points in favor of MT Good rich, but from the time Attorney Bur pee asked to have the contents of the ballot boxes of the first and second wards admitted as evidence, in other words to have the boxes opened, the court seemed to take favorable view of MT Russells side of the Ques- tion, and ruled for his counsel, Mayor Thoms and Attorney O'Neill. Mir Goodrich claimed there was a miscount of sixty-one votes in the first ward and that in the second there was not proper return made of the envelopes sent out by John Blair, who was town clerk at tie time.
 Town Clerk Brett testified that he did not see the boxes from the time they were delivered over to him by his predecessor, Mir Blair, until he delivered them into the custody of Samuel J. Marsh, clerk of the su- perior court, by order of Judge Shumway. The seal on the key-hole of one of the boxes was loose; the seals on all the other boxes were per- feet The check list of the second ward was ruled in despite the objec- ton of Attorney O'Neill Clerk Brett then testified that the boxes were kept in the vault of the town clerks office and that anybody could get at them; still, only the clerks In his office had the keys to the vaults. During the daytime, however, the vault is always open and the boxes in plain sight of everybody who has business there.
 uC lWO bOACo WOiC thCh biou 6iit into the court room from Clerk Marsh's office and were found by Mir Brett to be intact. MT O'Neill ob- jected to the boxes as evidence, but the court ruled them in. The bal lots, he contended, had been counted half a dozen times and will that final count then be declared nought now? The moderator. appointed by law to declare the result of the election, had done so according to law, and must his declaration count for nothing.
 Then Colonel Burpee offered the contents of the boxes so far as they related to the vote for comptroller, and Mir O'Neill objected. He called Assessor Martin J. McEvoy to the stand and Colonel Burpee objected. The court did not seem to discern what Mir O'Neill was after until MT O'Neill said he proposed to show how the votes were counted and that the returns on the tally sheets for con stables were not true. This was turning the tables on the other side with a vengeance. Everybody was surprised.
 Colonel Burpee in support of his objection stated that the point raised by Mir O'Neill was not in issue at all. He, Burpee, claimed there were six ty-one ballots in the first ward box that were not counted for his client, and also that there were more en- yelopes in the box than were checked off on the voting list. He reminded the court that the total difference in the counts for comptrol- Ter was only 27. The court ruled for Mir O'Neill. who thereupon produced the original tally sheet of the first ward vote and said he would show beyond question that the vote for constable was entirely wrong. He said he would show that certain can didates on the same ticket got more votes than other candidates, and yet they did not at all agree with the totals on the check list.
 Mir McEvoy was then allowed to testify and he stated that he was a counter in the first ward. There were three democratic and three re- publican counters The number of envelopes fin the box was short by one of the number checked on on the oficiaI check list. and there were I.e6s sealed envelopes and one un- sealed in the box. He said that some contained only one ticket. sometimes the school. sometimes the city ticket. In this way discrepan- cy in the total as compared with the check list would appear, but would not be true in fact. The vote for al- dermen was counted half a dozen times. John B. Vallee. republican for constable. made an of a 1, making the figures sI instead of 17. Blskeslee. the republican can didate for mayor. received sSi straight votes, 2s0 splits. B pastors and others made his total $50. Thoms. the democratic candidate. se- ceiyed 7ss straights. 133 splits anc 7s pasters, which. with a scattering made his total sss.
 The count of all the candidates was gone over.
 P. ]. Cavanaugh of East Main street was the next witness. He vas the ofncial checker of the first ward
 Other witnesses were the officials of the second ward polling booth: H. W. Minor. Frank J. Keeley. assistant registrar. Michael J. Delaney. checker and John ]. McHaie. who was ap- pointed oficlal checker hut who only served In that capacity twenty min utes. The rest of the day he cfieiatesi ss private checker. Tn his arxuni~It Attorney Burpee claimed that siree NrTfsIe had resigned as official cbcrk- CT in the second varj. no effieial re- tu~ns were uafe from that ward.