New Britain herald., 1925-03-28
Bristol Mevs
TOBERS NOT GUILTY OF VOTING FRAUD

Long Hearing Held in Police Court This Morning
 DISTRICT LINES VAGUE
 Harry B. Ives. Merchant, Dies At
 Hospital-southington Easily De-
 fcats Company L--Appointments
 and Promotions In Fire Depart
 ment.
 A verdict of not guilty was hand ed down this morning by Judge Will liam J. Malone in police court when MT. and Mrs. Rudolph Tober were charged with Illegal voting at the recent meeting of the Twelfth dis trict in the Fall Mont bungalow. The case was argued for the state by Prosecuting Attorney James T. Mather while Judge Epaphroditus Peck represented MT. and Mrs. To- Der.
 Uncertainty Of the ditrict lines and the action of Chairman D, Clark Hare of the meeting in rul- ing that the Tobers had right to vote were presented in the trial, which lasted about two hours. Judge Malone found that the Tobers had no criminal intent in voting and that the boundary line establishment had much to be desired as far as the legal status went.
 In the finding the Tobers not guilty, the first lap in the district fight on the question of building an addition to the old school or a new school, has been won by the faction representing the new school prop osition. At the last meeting. there was no close vote on any of the matters which came up, the first proposal that the board of education take charge of the matter being de- cisively thrown down, while the mo- ton to have the building committee bring in report on plans and speci- fications was easily passed. There fore the two Tobers votes did not interfere greatly with the balance of the vote, according to the court officials, but the bringing of the To- Der family to court has been seen by people conversant with district affairs as foresighted move for la ter meetings of the district.
 It is expected that the vote may be closer on district matters at fu- ture meetings and every vote counts, as a 20 to 20 deadlock, occurred at one of the meetings recently.
 District Lines Uncertain
 Uncertainty of the lines bounding the third and twelfth districts were shown in the trial this morning as even City Engineer c. W. Buell. could not definitely locate the boun- daries. He explained his maps to the court, which he had presented to the city council and which the council had approved as the new lines when the matter was taken up some time ago. The old records are not explicit on the lines. according to the city engineer, and after a re- search into the records he sought information from various residents Of the affected sections. To the best of his knowledge, he prepared a | boundary line which was approved by the council as the district line with the provision that the board of also approve. This line ran through the center of Crown l street and therein the status of the | Tober family became affected. AL though always voting heretofore in the Fall Mountain district. the line placed them In another district, so 1t was declared. A question arose at district meeting some time ago and they were allowed to vote and had again been said until he last district session, when Miss Irene Clark challenged the Tober votes.
 Judge Peck, representing Mir. and Mrs. Tober argued that there had oeen no criminal intent on the part of the Tobers in voting as the un- of the line made matters doubtful and then they had sought from the district moder- ,tor or chairman, D. Clark Hare, who permitted them to vote. He ;aid that the Tobers were certainly untitled to the reasonable doubt in he case as they had thought they lad some claim 10 vote. having bought themselves residents and lave paid taxes in the district.
 Testimony offered in the case howed that they had voted with he permission of the chairman of he meeting and that they had been hallenged.
 Judge Malone questioned City Engineer Buell. on the defining of he lines and MT. Buell. said that yhen the matter came up he had cted as judge, jury and his own witness" in preparing the lines as he records were vague.
 Will Meet Again
 Plans are being made for an-