Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-10-22

boro, the Democratic candidate, who
In a petition alleged Illegal and
fraudulent voting In several parts of
the county.
When the opposing counsel finally
squared away it was learned that the
contest would be waged over the
question Of the legality of the vote or
the city of Augusta In general and
that of Wards and 4 in particular,
To this end some half score witnesses
were heard.
At the opening Of the hearing
Thursday afternoon, Attorney b. +.
Maher, counsel for Henry e. Cum
mings. made the point that in the
nature of the charges preferred the
case was not within the province OF
| the Governor and Council.
Attorney Maher, in answer to the
| charges contained in the petition of
! Jewett, in which it was stressed that
! the entire vote of the city of Halo
well, and Ward 3 of Gardiner should
| be thrown out because of the fact
! that curtains instead of the specified
wooden doors were used on the poll
| ing booths, maintained that the law
| in this respect is directory and not
| mandatory. He then in an answer
! ing petition, cited several polling
| places in different towns of the coun-
| ty, where similar violations of the
| law had occurred.
Plaintiffs Points
| Attorney Dubord in his opening
stressed three main contentious that
his client, Joseph e. Jewett was
legally elected sheriff Of Kennebec
county. These points We're:
| First-That the entire vote Of the
! city Of HalloWell and that of Ward
| in Gardiner should be thrown out
| because of failure to comply with the
| in matter of voting booths, curtains
| being used in place of wooden swing
ing doors as specified by law.
! Second-That the entire vote of
( Ward four, Augusta, should be
4 thrown out by reason of the illegal
use of so-called specimen ballots be-
, ing used in discriminatory by voters
! and being taken into the booths to
aid them in voting a certain way.
Third That the vote of the city of
| Augusta should either be thrown out
| or the entire vote be passed upon
! by the governor and council.
| Attorney Dubord explained that al
| legged discrepancies of ballots in
! Ward four. Augusta, had been
! cleared up when it was learned that
an entire page had been overlooked
! in the check book. The entire check
| showed $50 votes whereas 9oI were
| found in the ballot box.
| In the matter of the SO ballots in
I Litchfield. but alleged to be stolen
or mislaid and when later were found
/ and sent to Secretary of State, Mr..
| Dubord claimed that they should
| be credited to the Democratic candi-
! date which should be substracted
! from the totals arrived at after the
| inspection of ballots by opposing
counsel. To this latter phase, Attor-
ney Maher, for his client, Henry
| Cummings, readily agreed, although
pointing out that their return was a
! bit irregular, not having been IN
! cltpded in the customary sealed pallot
box. 1t would be qnibbling to argue
the point Attorney Maher declared
Answering Petition
! ATTORNEY Benedict Maher in open
| ing for his client, Henry L. Cum
mings, offered the following sworn
statement:
To the Honorable Ralph 0. Brew
! ster. Governor of Maine, and the
| members of the Executive Council:
Whereas, Joseph e. Jewett of Vas
! salboro. in the County OF kennepec
/ and State of Mainen, a candidate LOT
| Sheriff of Kennebec County, hled IN
! the Office of the Secretary OF state
| under date of October 18th, a. d.
| 1926: a petition requesting Your ENS
! cellency and Council to examine the
ballots cast for Sheriff in kennepec
/ County at the State election helo on
! September 18th, A. D., 1870; ana
| n tlnq
| and place of said hearing was duly
served upon the undersigned togeth-
! err with a copy of the petition afore-
said. now then the undersigned
| comes and answers the aforesaid pc
| tition as follows:
First: Whether or not the voting
| compartments in the said City OF
| Hallowell were equipped with WOOD
en- swing doors is a question or no
! concern or moment with reference 10
| the validity of the aforesaid election
| in Hallowell because this statutory
| requirement in that regard is dlrec-
! tory and not mandatory and the es-
sence of the statute in such case maze
| and provided to insure secrecy by the
! screening OF persons While marking
| their ballots and the undersigned is
| informed and believes that the spirit
! of the statute was strickly compiled
| with in Hallowell aforesaid, all vot-
: ing compartments having been fully
| protected by adequate and proper
! curtains so that perfect secrecy OBJ
| tanned.
| Second: The undersigned answer
| ing paragraph No. of the petition
| makes the same assertion of fact and
| law as is contained in paragraph No.
| 1 of the answer above.
t Third: That there was no illegality
or fraud in Ward No. in the City
| of Augusta relative to ballots actual
| ly cast, or tampering, altering, add
ing to or changing the check list
used in said Ward No. 3 in the City
of Augusta. The undersigned dis
putes and denies the allegation and
| says that such charge is wholly with
out warrant or foundation and con-
| stitutes an unwarranted and ground
| less accusation.
Fourth: AS to the allegations con-
! tanned in paragraph No. 4 of the pc
titioner's petition, the undersigned
respectfully replies and says that
| there was no fraud or illegality of
any kind or description in Ward No.
| 4 in the City of Augusta with refer
| ence to the ballots cast or counted
| for the office of Sheriff for Kennebec
County. He directly denies that there
was any stuffing of the ballot box as
is alleged in substance in this para
graph. He denies that the check list
of Ward No. 4 disclose only 1913 vot-
ers as having voted and says that on
| the contrary he is informed and be-
lieves that the aforesaid check lists
show that 957 voters cast their votes
| in this Ward at the aforesaid cleo
- IT,
said Ward were legally cast for the
UNDERSIGNED ne apainSt S01 yotes for