Evening star., 1928-11-02
COP. WORKER WINS.
RIGHT TO BALLOT.
Circuit Judge Decides Wheat
on Case in Favor of Benton.
Two Others Fail.
Special Dispatch to The Star.

Special Dispatch TO The Star.
ROCKVILLE, Md, November 2.-In
Circuit Court here yesterday Judge
Robert B. Peter held that Edward T..
Benton, Republican worker of Silver
Spring, was entitled to vote in the
second precinct of Wheaton district and
passed an order directing that his name
be restored to the registration books
for that precinct, from which 1t was
recently erased by the officers of regis
tration.
Benton's name was erased on the
theory that he had been convicted in
New Jersey of embezZlement. Judge
Peter decided that all forms OF en-
bezzlement are not felonies or I'm
famous" crimes in Maryland and that
inaSmuch as the evidence presented
failed to show that he had been found
guilty of felony he would order his
name restored to the books.
Loses Right to Vote.
Judge Peter denied the petition of
Charles D. Bennett of Rockville to have
his name entered upon the registration
books. Bennett was refused reglStra-
ton at a recent sitting of the regis
trars on the ground that he had not
made declaration of his intention to
become a citizen after having been in
or six months, but it was contended in
his behalf that he had lost his citizen
ship upon being convicted Of perjury
in the Circuit Court here and that 1t
had not been restored by the governor
until a short time before he applied
for registration and that he, therefore,
was in the same position as one be-
coming of age in the State. Judge
Peter held that citizenship feature cut
no figure and that he was in the same
class as all others failing to make
declarations of intentions.
William G. Baker of the third pre-
cinct of Wheaton district sought to
have his name enrolled as voter, the
registrars having refused to enter his
name on the theory that he had re-
moved from the State and did not make
a declaration of his intentions upon
returning to the county. 1t was shown
that he left to study for the priest
hood and that after an absence of two
months changed his mind and returned.
Baker told Judge Peter that when he
left he had it in his mind to become
a missionary and permanently give up
his residence in the State, and on the
strength of that statement Judge Peter
held that he should have declared his
intentions when he returned and that
because OF his 1dlIuT0 10 90 SO was
not entitled to vote. His petition, there
fore, was dismissed.
One Decision Reserved.
Judge Peter reserved his decision in
the cases of Robert L. Williams, for
merly assistant corporation counsel for
the District of Columbia, and his wife,
Mrs. Hattie H. Williams, who petitioned
to have their names restored to the
books of the first precinct of Wheaton
district. 1t was held that they were
in Washington sufficiently long to con-
stitute abandonment of their residence
in the county. but was explained that
their presence in Washington was due
to illness of Mrs. Williams and that
it was necessary that she be there for
treatment.
The petitions of Miss Hazel Bratt of
Rockville, Spencer Mullican, and his
wife, Mrs. Katherine Mullican, of Gar
rett Park, and Charles W. Miller of
Bethesda, who sought to have their
names restored to the books, were dis
missed for failure to prosecute.