Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1914-03-18
MARDEN is ELECTED.
Finding of Judge Cornish Gives Him
Plurality of Seven.


Plurality of Seven.
Fred b. Marden was declared elected
street commissioner Of Ellsworth for the
ensuing year by an official recount OF the
ballots in dispute by Justice Cornish, of
the supreme court, at the court house in
Ellsworth, yesterday afternoon.
The finding of Judge Cornish gives
Mardsn 1853 votes and Morrison ass, a
plurality of seven for Mr.. Marden. The
official returns gave Marden the same
plurality, but the decision OF Justice Cor
nish gives both Marden and Morrison one
more vote than returned by the ward OFF,
GERS, their figures being 1852 to 455.
The recount was made by Justice Cor
nish on petition of Mr.. Morrison, through
his counsel, d. E. Hurley. j.. F. Knowl-
ton and X. E. Mason represented Mr..
Mardeu.
Prior to the hearing before Justice Cor
nish, counsel agreed upon 457 good votes
for Marden, $50 for Morrison, and thirty
two defective. This left sixteen ballots in
dispute to be passed upon by Justice
Cornish.
AT the opening OF court, Mr.. Hurley
argued for the throwing out of three bal
lots, claimed to have been cast by nom
residents, and which were challenged at
the polls. One of these was eliminated,
being admitted by both sides as defective.
Mr.. Hurley argued that where votes
illegally cast were sufficient to change the
result of an election, the supreme court
had jurisdiction to throw them out. 1t
was admitted that the names Of these
three voters were on the voting lists. Mr..
Knowlton argued that the statute pro-
vided no appeal from the board of regis
tration.
Justice Cornish gave the opinion that,
sitting as he did in this case, he had
nothing to do with reviewing the work of
the board of registration; that all he could
do under the statute was to count the
votes.
To protect the rights of both parties,
however, he said he would allow the tax
ing out of testimony as to the residence of
the three voters challenged as non-resl-
dents, and then, after counting the bal
| lots, he would give his ruling, to which
one side or the other could take exception.
Evidence as to the place Of residence OF
| John K. Moore, Percy s. Moore and Bion
| Bonsey was then taken out.
| Justice Cornish then proceeded to the
recount of the disputed ballots, passing
| upon each one as it was presented. The
first six disputed ballots from ward / all
went to Mr.. Morrison, bringing him
within one of overcoming Mr.. Marden's
lead on the admitted ballots. Mr.. Morri.
sons stock was looking up.
| Then things began to go against him
OF the remaining ten disputed ballots,
only one was declared in his favor, five for
Mr.. Marden, and four were thrown out as
defective.
| AT this point Mr.. Hurley said that, as
the challenged votes, on which he made
his argument at the opening, would not
affect the result OF the election, the point
OF law raised by him would not apply.
The challenged vote was thereupon added
| to Mr.. Marden's total, making it 463,
while Mr.. Morrison had 1855. The other
challenged vote, through some mischance,
was not included in the sixteen ballots
submitted to Justice Cornish. This vote,
also republican ballot, if allowed, would
give Mr.. Marden plurality Of eight.
| Justice Cornish, in passing upon the
ballots, was eminently fair, being liberal
in his Interpretation of the intent Of the
voter. Some of the ballots were curious,
and the ruling upon them is OF interest.
A ballot with cross properly made in
the square, but with lines drawn through
the party name at the head Of the ticket,
was pronounced good. So also were sew
eral ballots properly marked at the head,
but with other small crosses after the
names of one or more candidates in the
| columns below, one in which a name had
been crossed out and a poor attempt made
to erase the mark, and one in which one
line of the cross was made with blue
pencil and the other with black pencil.
Among the ballots discarded as defec-
tive was one in which the initials j. M.
were written on the margin; and another
in which small cross was made in one of
the black spaces beside the square instead
| OF in the white square.