Norwich bulletin., 1910-11-17

ana many lawyers in attendance, the
petitions of w. J. Kennedy of Plainfield
and n. B. Lewis of Norwich for a re-
count of the votes in the recent election
came before Judges Samuel o. Prem
tice, John NJ. Thayer and Alberto r.
RoraDack in the superior court room
here on Wednesday morning at 1890
o'clock. Judge Prentice presided and
announced that the chief Justice had
named Judge Roraback and himself to
act with Judge Thayer in hearing the
petitions.
The counsel who appeared in the
matter were Mayor Thayer for the pc
titionsrs and ex-Mayor Henney of
Hartford. ]. F. Carpenter of Putnam
and Michael Kenealy represented Con-
gresham Higgins.
Congressman Higgins and Raymond
j. Jodoln were both in attendance, and
there were also many election officials
from several towns present to witness
the procedure, it being an unusual
matter.
Attorney Thayer announced that he
had just at that moment received the
answer to the complaint, not having
had time to read it, and as the judges
had not heard it he read it aloud, con-
corning the Plainfield case, showing the
first three counts TO be admitted, the
fourth denied except that it was adj
mitted that certain ballots in Plain
field were thrown out for illegalty.
Section was partially admitted, but
Sections 6, and II Were left to the
complainant to prove. Sections s, 10,
IL, 10, IA and 16 were denied. Sec
ton IS was admitted Section 9 claim
ed that it was the belief of the respon-
dent that the ballots rejected at the
hearing as Illegal should have been
counted for Mr.. Higgins and prayed
that q recount be made and a tabula-
ton of the vote be made and recount
of all the votes be made and corrected.
Attorney Thayer joined in the request
for a full recount that all may be
known, as he said he was not there to
get a seat in congress unless it is due
MIR. Jodoin.
| Not the Power to Order Full Count.
Judge Prentice asked if the counsel
thought the judges had the power to
do what is asked in the petition, the
ordering of a full recount, and they
agreed that by the law they did not.
Attorney Henney said that Mr.. Higgins
did not want to in any way interfere
| with such move and so included it in
| the petition. Judge Prentice said the
| Judges had considered the matter very
carefully to determine the scope of
authority, but they believe their power
| is limited and they could not do what
| Attorney Henney asks and it was
agreed that they had no right to revise
the count in any town except where
| the applicants live.
Attorney Henney stated that they
| had provided stenographer Miss
| Heyden, Of New Haven. and offered to
provide the court with a copy of the
testimony at the expense of the de-
fendant, and it was accepted.
Attorney Henney could not see how
| the 80 ballots in question at Plainfield
! would in any way affect the result as
! it would not be sufficient to overcome
the plurality of Mr. Higgins.
Duty of the judges.
Judge Prentice said that it made no
difference to the judges what the result
would be regarding the plurality, as he
held that the purpose of the hearing
placed in the office of the state secre-
tary. The statute was made so as to
correct the moderator's returns.
1t was claimed by Attorney Thayer
that the plaintiff in Plainffeld cast a
ballot and has been DISTINGUISHED by
having it rejected. He can identify a
series of ballots similar to that which
he cast.
Town Clerk Sessions L. Adams was
called with the ballot box and said he
| had been town clerk over % years at
P1ainffeld. The box was intact as
! turned over TO him.
Mr.. Kennedy Called.
William j. Kennedy. the complain
| ant, said he was one of the six count
| ers and that there were ballots rejected
| and not counted. The returns of Town
Clerk Adams were read, showing 50
rejected for Mr. Jodoin and Z for Mr..
| Higgins.
Mr.. Kennedy said that the 80 ball
| lots were rejected on the moderator's
| decision. About IS were crossed in the
| democratic circle and a cross placed
! before the name of l.. F. Kennedy, rep
resentative to the general assembly,
and a sample ballot was used to show
| how 1t was voted. The moderator de-
| clared them marked ballots and they
were rejected.
| If the defendants counsel will agree
| that there are So ballots rejected which
are entitled to Mr.. Jodoin, Attorney
| Thayer said they would not require
| the box to be opened, but this was not
agreed to.
Agree to Count Only Rejected Ballots
The court asked if the box was open
! ed if only the rejected ballots should
| DE taken UP, and this was agreed TO
| and the counsel claimed that only those
concerning Candidates Higgins and
/ Jodoin need be considered.
Attorney Henney thought it the slen-
derest kind of testimony on which to
open a ballot box, to which Attorney
Thayer stated that they had more of
| the same kind of testimony if it was
/ quantity that was wanted.
The court asked the opinion of At
! thought this class of ballots should
have been counted but inasmuch as
there was still another class not count
j ed the evidence was proceeded with.
Another Counter Testifies.
Henry Dorrance of Plainfield was
one OF the six counters and corroD-
Grated Mr.. Kennedy. There were &C
rejected ballots altogether. Other bal
lots had cross in the republican circle
and a cross opposite Mr.. Jodoin' 5
name and below that point in the re-
publican column. There were also bal
lots with an x IN the democratic circle
and an Y at the left of Mr.. Jodein's
name. The ruling was that they were
marked although they were claimed
for Mr. Jodoin.
Attorney Thayer claimed that the
first ballot as described was Legal
ballot. as It was apparent that 1t was
/ intended to vote for the second repre-
sentative. He held that it was the
7 way to vote for only one representa-
tive. and the only proper way In re-
gard TO the democratic voter who
placed a cross in the circle and Z
check before Mr. .TOdOins' name 1t is