The Waterbury Democrat., 1937-10-19
PuhIlc Ts Barred

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 With the public barred and Sena. aeor George T. Culhane, defeated Eusicn candidate for mayor, and the other six candidates similarly dcclared to have lost, attending, the hearing on the alternative writ of xnandaintls drew numbers of attor- neys. They were in superior court today with interest in proceedings which may present an elections most unusual result-the decision of who won and who lost to be made by the court.
 Protesting throughout the four motions, denied flor the present" by Jtldge Diekenson, Corporation Coun- gel O'Connor, for General Modera- taR MeNkahon forst sought to have Town Clerk Dora A, Egan and City Clerk John P. Fitsmaurice, dropped nsa defendants.
 'sThe town clerk has no proper place in this action" he toldl the court, "as she appears both as plain- tiff and deefndant. She could ac- knuwledge all of the claims she makes as plaintiff in her capacity ns'tdefendant."
 Town Clerks Return
 "She already has" remarked Judge Dickenson. T take 1t that you haven't seen her return"
 Time was taken for consideration of the return" of Town Clerk Ekan, filed today in the court, by which she admits all of the allegations of the complaint and seeks "recov- cry Of the election" records as due her office.
 Thereafter the corporation coun- sol filed motions to dismiss, for further specifications, abatement, and finally the motion to quaSh, ell except the latter, undenr consid- eration by the court ct recess thiS afternoon, denied,
 Arguing for his motion to quaSh, Corporation Counsel O'Connor de- scribed to the court how dlsorep. ancleS might appear between the voting machine figures and the tally sheets. He said that it was likely that many persons who did not care to vote for the mayoralty candidate, pressed down the button, thus reg istering Q vote without counting the head of the ticket,
 That all may be so," retorted Attorney Bronson, in succeeding argument" but not all of the voters were as clever as MT. o'Connor and that wouldn't add up to the 4i9 vote difference between the machine vote total and the moderatorS reports z on the vote for mayor"
 "Illegality"
 Attorney Averill argued at length over the alleged "illegality" and dls regard of duty of public office" which he described aS shown by General Moderator McMahon, He contended also that Town Clerk Doga Egan was the proper custo. dian of the records and that Moder- atOr MeMahon was without right in taking the records and withholding them from public inspection.
 Ho contended that the defense counsel admitted oil of the allega- tlonS of the complaint" (2e, includ- ing amendments), and asked oxpe- alton by the court In adjudication Of the mandamus action. The court interrupted several times to Inform MT. Averill that his argument had been included before In the various allegations and Judge DickenSon remarked that he felt the matter to Do important" thus agreeing te postponement of jury trials Sched- uled tomorrow to give the city case right of way on the calendar. Fifteen Pages!
 Attorney Bronson told the court . that the numerous allegations In hia ' complaint by which the writ Of , mandamS s sought to recanvaSs . the voting machines would be sup- ported by evidence that would take . iB pages for only one section of the complaint" Hhe said that he waa ,nrapared to Aubmit evidence t0