Norwich bulletin., 1910-11-17

such a ballot might be easily identi-
fed.
Prima Facie Case Established
With the evidence before them and
the claims of the attorneys, the judges
retired at this point returning in a
short time, when Judge Prentice an
nounced that a prinna. faeie case had
been established for the opening Of the
ballot box, and he proceeded to remove
the seal and unlocked the box
benjamin r. Briggs moderator at
the Plainfield election, identified the
package of rejected ballots and he said
he ruled that most of them were lille
gal, though the counters agreed that
some Of them were Illegal and it did
not require his ruling, although he ap-
proved their ruling.
Mayor Thayer counted the package
and it was found to contain go ballots.
OF these there were "a which the at
torneys agreed should be thrown out.
There were four where the X had been
placed in two or more of the circles at
the head of the ballot eight had no X
in the circle, but the voter had pro-
ceeded to split his ticket. five with the
X IN the democratic circle and an X
before Mr.. kennedy candidate for rep
resentative, and three where there was
an x before Mr. Jodoin's name There
were about ten ballots where all the
candidates voted for had been checked
with an X. a few had marks through
one or two blank ballots, and one ballot
where a voter had attempted to place
an X before a justice of the peace and
then rubbed it out, leaving blur.
Ballots Taken Up Separately.
After the recess for dinner the ball
lots were taken UP and the attorneys
made their claims in regard to them.
| In order to return the originals to the
box and yet allow the judges to have
copies of those in question, sample
pink ballots were marked like the
originals and at the close turned over
to the judges.
In regard to the erasure Attorney
Thayer claimed it should have been
counted for every one on the demo-
cratic ticket, as the law does not pro-
vide that it should be thrown out. At
torney Henney maintained the voter
should have returned it and got an
other and that it should not be counted.
A ballot where three justices in the
republican column had an X and their
names also written in the blank col
umn was claimed by Attorney Thayer
| to show the intention of the voter and
| should be counted. 1t was a demo-
cratic ballot, but Attorney Henney con-
| sidered it a marked ballot.
On one ballot where the X was in
| the republican circle and there was an
X before Jodofn's name and several of
| the Justices Attorney Thayer held it
was legal ballot, but Attorney Hen
ney believed one Of the KS was a
! double one and therefore the ballot was
| Illegal. Attorney Kenealy thought it
| would be a good ballot and one that he
| should count
| A republican had placed an X be-
| fore both the republican and demo-
| cratic Judge of probate and this bal
| lot Attorney Thaver held should be
| counted with the exception of the judge
| of probate but Attorney Henney did
At -i1ay.
| two single offices were similarly mark
! ed Attorney Thayer held should count
| and that would give Mr.. Higgins one.
The defense did not oppose this.
| One republican voted both for Good
win and Baldwin and also for Jodoin
and other members of both tickets.
| Attorney Thayer held this counted for
| those checked below governor. but At
| torney Henney considered it a marked
: ballot.
Thirty two Splits
There were 23 split ballots, with
| crosses in the democratic circle on nine
Of them and in the republican circle in
/ the remainder where the voter had in
addition proceeded to place an \ be-
/ fore the names of the candidates on
| both the tickets for whom he voted,
| according to Attorney Thaver's con-
| tention. Attorney Henney claimed that
| there were unnecessary marks on the
ballots and therefore they were marked
1 ballots The five ballots where the
| democratic column had an X and there
was one also before Kennedy's name
and the three where the democrat had
placed an X in his circle and Il cross
| before Mr.. Jodoin's name were claimed
! for Mr.. Jodoin, but opposed by After
new Henney.
From the claim of the attorney for
| the petitioners there would be 30 for
Jodoin, five for Higgins and one for
| Young.
At this point Attorney Thayer stated
/ that there had been ACCOMPLISHED what
was desired by the opening of the
! Plainfield box and he withdrew the pc
tition of n. 3. Lewis regarding the
/ Norwich boxes.
Attorney Henney asked that the
| judges leave the files and decision in
the case with the state secretary, but
| afterwards asked that they he left
! with the clerk Of the superior court
of this county Judge Prentice stated
that they did not sit as court, but
/ that they We're here as individuals t.
hear this matter and it is iikelv there
/ will be no memoranda of decision Il
| though they viii correct the vote of the
town of Plainfield and forward the cor
rectad vote to the office OF the score
/ tarY of state.
This concluded the hearing and adj
journment was taken soon after A.
Judge Henney's Opinion.
After the hearing Judge Henney stat
ed that he did not think the recount
had accomplished much, as there was
nothing shown to counterfeit the de-
cision on the election of Congressman
Higgins and should all the ballots be
given him his plurality would not be
overcome. In case it should go to con-
gress he thought that the recount
would be a help to Congressman Hig-
gins.
Mayor Thayer Satisfied.
When asked as to his opinion as tc
the outcome of the recount, Mayor
Thayer said he felt satisfied and that
they had accomplished what they hac
set out to and that was TO lay the
foundation for taking the matter be
fore congress. This situation, he said
would form the basis Of the appeal tc
! the next congress.
OBITUARY.
|