The Waterbury Democrat., 1937-10-20

 dition of the machines and certifi- cates of their working order before election time, offered by examiners and inspectors, were made exhibits.
 Machines Defective
 Later the testimony of William "Tipper" Conley, challenger for the Independent Democrats in the 18th District, was offered under exam ination by MT. Bronson. He testified that the D lever on one of the ma chimes in the 18th District regis tered votes, one to nine; votes, l0D; votes, l0-9; 2 votes, 20; 6 votes, 21-29, and votes BOD.
 This was in line with one of the allegations of the complaint that the machines in certain districts were mot in proper working order, registering on the D lever"
 This testimony was admitted over objection of Attorney Scully. The defense counsel had contended throughout the hearing that much of the evidence" and much of the testimony "doeS not relate properly to the defendant Moderator Me- Mahon."
 Many exceptions were taken by the defense after admission over objection of the exhibits and testi- mony which related to the mechan- ics of the machines, the defense con- tending that the moderator had nothing to do with the machines, in question, but was responsible for only the election figures.
 Judge Dickenson referred to the Bridgeport case where an action against a moderator was denied, saying that if improper perform ance of a public duty" is contended that all things pertaining thereto have place in the action.
 Submits List
 Registrar Derwin, under examina- tion, admitted that he was not aware of where complete list of all the election workers might be found. He submitted, after he had been SO di- rected by the court, a list of the party moderators and checkers which was admitted as Exhibit A and will constitute the check list against those called to testify this afternoon.
 MT. Bronson, brought to brook by the court on procedure, severa times referred to the implied change in the results" which he said his evidence will show. Thus much of the testimony and admis- sion of evidence is on temporary basis, pending decision of the court as to whether the points made by plaintiff counsel warrant the mat ters, described, being part of the action.
 Admits Complaint
 Miss Egan spent most of the morning on the stand and was re. called to describe the exhibits, She has admitted all of the allegations of the complaint as a defendant although the defense sought to have her expunged as party to the action in the latter capacity. This failed
 Interference"
 As expected, after conference oi attorneys yesterday, when John F Tobin presented the matter used to. day concerning condition of the ma. chimes, this allegation of "interfer. ence with the machines on electior day" constituted a major conten. ton of the Fusion plaintiffs.
 Fact that Challenger Conley oi the Independent Democrats was called to testify concerning the al- legged improper" workings of @ ma chine in the 18th district was seen as a forerunner of an attempt to claim illegalities which would lead to a new election, In the event a recanvass of the machines bore out other allegations regarding discrep- ancy between vote totals.
 The plaintiff counsel have chang. ed their line of attack from tho matter of figure discrepancies tc charges verging on the edge oi corruption" and "tampering" ob, servers said today. Their origina complaint, which they sought ts amend unsuccessfully late yesterday held little of the matters developed at today's hearing. Only the bar, allegations, with afiidavits in plac, Of evidence, were presented.
 No Access
 Counsel for the Fusionists hay, contended throughout that tn, reason for this lies in the fact tha they have not had access to tn, election records" Now that tn, records are available, there seem likelihood of an exhaustive hearinl on numerous counts and proceed ings that will extend throughou several days at the least.
 The official list of moderator published two days prior to electior and which includes the names O. possible witnesses are as follows:
 1st District-John Calvin, mod erator; Francis Moriarty ans Harry Tolletti, assistant registrars.
 End District-Roger Connor mod orator; Dennis Mitchell and Georg, Kilbourn, assistant registrars.
 3rd District James McMahon moderator; Thomas Fallon ane Thomas Summa, assistant registrars 4th District - John Flanagan moderator; Daniel Hackett ane Ralph Munger, assistant registrars
 5th District-Frank Doyle, mod. orator; William Gushing and Ed