The Newtown bee., 1909-11-12
The NewtOWn Bee
 Newtown, Friday, Nov 12, 1909.
ESPIE BOUND OVER TO THE SU
 PERIOR COURT.
At New Milford, Monday.

At New Milford. Monday.
 The case of state vs John Espie ! charged with fradulent registration fraudulent voting and false swear. ing, was resumed, Monday morning before Judge Msrwin, Justice Bald win of Worthwhile sitting with MI Merwin on the case. Judge Addis Speaks For the Defense. N Judge John r. Addis, of counsel for the defense, moved to dismiss the case. In arguing the case, Judge ! Addis said in part: In this registra-
 tion board Andrew c. Barnes had no s legal right to administer the oath to lh" witness. The only person who
 could lawfully administer the oath in
 this case was Russell B. Noble, the town clerk. The state of Connecti-
 cut must prove that this registration
 board acted legally and within the
 law. You can only prove this by 1 the records of that morning. The
 state has also failed to show that there was legal town meeting on October 3. The proof is lacking that
 is was legal election. The burden
 is on the state to prove that there
 was legal election. when mans
 liberty is in jeopardy there is not
 the latitude there is in a civil case
 where the matter of few dollars is
 conrer' ed. How are you going to
 prove that John Espie voted on Oc- tober 8? To be sure you have offer ed evidence of check list. Not one
 witness has testified that he saw this man vote. l nave known it here in New Milford that people have voted on other peoples names, The state must prove that this man ac- tually deposited ballot. They must prove that there was legal warn ing, else this complaint falls to the ground. The state has not made out 1 a case. And 1 may say that the state of Connecticut is not back of this | ease to any great extent. There is | no crying demand for the punistmept | of this young man. It is your :, honor's duty to acquit this man.
 Prosecuting Attorney Speaks For the
 State.
 Prosecuting Attorney Williams first presented the case for the State.
 He said in part: The State of Con-
 necticUt alleges that John Espie has wilfully .iolated the law of the State of Connect cut. That he fraudulent ly voted when he had no right to. We have shown your honor that this man lived in Bridgeport and kept house. That he paid rent. Then he over to Fairfield and boarded. That he appeared here some time in August, appeared before the board of egistration and voted on October 3. . A court receives it's knowledge of the case, not only from testimony, but from records and presumption. It is our duty, your honor, to lay aside any feeling we have on tte matter. 1 We have a duty to perft rm whether we relish it or not. When man i strikes at the integrity of the ballot t 1ox, it becomes a serious natter, and Q le ought to be punished. The state ' )f Connecticut asks that this man \ ,e held to answer for his misdeeds a before the Superior court. t Attorney Cunniagham SpeaLs for the l'
 State. V
 Attorney Cunningham in his ar ls for the State said in part: SS' S The clailn that the State has not not ? roved it's case is prept sterous. II where has been MT Espie residence Id or two years? We know that he ls ccup'ed a fiat at S4 State Street in U 907 and 1908. That he worked as W ar tender at the Fremont hotel. ie hat he later worked sf the Anto tl otel. The directory Of Bridgeport W nows his address at 1S4 State street. w Te have the testimony of the gentle m lan to whom Ecpie paid rent that Tn st Larch of this year he went over to II airfield and stald until the 22d of ca ugust. We find that he came to eV CIV Milford at the time of he Bi- ln entennIal and staid a week or 10 vo lys, tending ba: at the New Eng Tn nd Lol,se. That he was employed mi
 the Fairfield Rubber works from eV lily to August. It is not necessary, CIT ,ur honor, to prove the warning, hl