The Waterbury Democrat., 1938-11-14
General Moderator Is
 Defendant On Charges
Continued from Page 1)

would not contest the election of Raymond E. Baldwin, Republican candidate, the Rice attempt to ques- ton returns in ths fifth district is anti-clamatical to the expression made by governor-elect Baldwin to the effect that he was livery happy" over the governors decision.
 Judge Baldwin remarked of Cover nor Cross's decision: "It bears furth- CT testimony to the fact we all know, tha$ the governor is Connecticut's most beloved citizen. know that great many people will be glad that no appeal is to be taken"
 Rice's Counsel Hurdle It
 Hebublican town Chairman J. Warren UpSon, asked today if he will attend the hearing at Hartford tomorrow, remarked that MT. Bron- son and MT. Blodgett are represent ing MT. Rice. Earlier Lawrence L.. Lewis, former states attorney, was said to have been the Rice counsel but later MT. Bronson, who handled affairs in the municipal election re- count last fall apparently became the chief of counsel here.
 Mr. Bronson is representing the wRepublicans in the towns of Wa terbury, New Hartford, Derby, Corn @wall Colebrook, Oxford, Watertown, Bridgewater and Prospect.
 In Derby, however, Town Clerk Vincent J. Nolan has denied that the nsirregularities charged there by Colonel Rice have basis of fact. The Republican candidate has claimed that the votes in the various towns 4were not properly recorded and that it was impossible to vote split 4ticket for him.
 @ How Can They Do It? z Various election officials have %questioned how the Republican are going to show the affiliations intend @ed by the voters without calling for Thew elections in all of the towns included in the complaint.
 ,s Tn Waterbury the situation of the Republicans taking issue with Judge Simpson creates further embroglio, inasmuch as the superior court jus etice ordered that the registrars ac- cept certificates from those persons who were not listed following the Republican-devised recanvass last 6ummer and fall. This recanvass re- suited in 8 number of removals (which were not factual and the re- wsults have yet to be reported off %cially to the Republican, controlled aboard of aldermen.
 Smith Had Big Lead
 The vote for Cong. Smith in Wa terbury showed him to have 3,155 @1ead over Col. Rice, so the Republi- ( can claim seeking to pick up votes here would be for the general at tempt to increase the total of votes in the 10 towns listed in complaints. @ At the same time, should another election be held in Waterbury, there would be question whether the more than 10000 votes for John w. Ring, MSocialist candidate, might not go in large part to Cong. Smith, inas- much as the Republicans have ad- < mitted that the split vote in Water bury came in good part from the Republicans voting the Socialist oticiet.
 This last was evidenced in the instance of the vote for the guber- nat0rial candidates when Mayor Z Jasper McLevy, Socialist, boiled 13,- 332 votes against 12,919 for Cover nor Cross, only 8,545 for Judge Baldwin, Republican.
 About Absentee Ballots % So far as the absentee ballots are concerned, 295 applications were re- ceived by Town Clerk Mary c. Kill martin but only about three -fourths Aof these ballots were accepted by the moderators, the rest turned faback. Yet the counsel for Colonel Rice claims that 125 absentee ballots were improperly cast.
 , Among these ballots, it is under stood that a niece of Superior Court Judge Frank F. McEvoy who has her residence with the judge, although residing part of the year at Wash ! ington. is listed.
 The complaint, in the part con- eerning summons of Cong. Smith, < Col Rice and Moderator Hummel to she hearing tomorrow, is as follows: 2 The counts listed in the com plaint as served on MT. Hummel. include the following:
 1. A mistake was made by Emil Fzstfnmel, of waterbury. moderator it, said town Of Waterbury at said election of Roy D. Rice. of the town of Woodbufy, Litchfield ' county, who was Q candidate for representative in the congress of 1he United States from said fifth congressional district.
 2. The names Of q large number q voters to Nit; in excess of