The Waterbury Democrat., 1944-09-21

Ergl, b3 miles due east or Risa' dure used in making voters, and of the events which led up to the discovery that stolfi was not Q reg lStered voter,
 When the registrar stated that the accused had been made Q voter on Sept. Q, 1887, Defense Attorney Cas- sldy strenuously objected, saying, "EVidenee Is needed to prove that 1t was the accused who was made A voter on that day" Ho stated his client was not made Q voter at that time.
 Judge Munger interrupted the comments to inquire when the ac- cused became a voter. and the de. fenSe attorney stated 1t was in 1889, At this point @ discussion ensued between tho prosecutor and the de. fenSc, each side outlining the basis of its case,
 Admits Voting
 Attorney Cassidy pointed out that Stolh admits, AS shown by the Stip. ulation presented to the court, that he voted in the elections specified In the eight counts of the informa. ton. The accused, however, was c voter at those times and did not vote fraudulently, the counsel claimed.
 States Attorney Fitzgerald stated that only one Michael stolh has been made voter, and pointed to testimony given earlier by Mrs, Mary c, Kilmartin. town clerk that there was no Michael Stolfi on the 1889 eleetor list. He voted two years before he became eligible for citizenship" the states attorney charged, and continued after his naturalization the course he pursued before, There Is no evidence that the accused became voter in le39."
 Attorney Cassidy responded, Even so, the accusation is that he voted fraudulently. His name ap- pears on the list. recognized aS . correct voters list. The statute says if . persons name is on the list certified by the registrar he has a right to vote"
 After the prosecutor objected to the discussion, which was contrary to court procedure. Attorney Gas. sidy commented. Whats tho use of spending a lot of time. think your honor would like to know our claims"
 A few minutes later when MT. Fal- Ter presented two pamphlets printed after c special canvass of voters was completed, MT. Cassidy accepted them with only the facteous com ment, T don't understand how the Democratic list Is so thin and the Republican one is SO thick"
 Certified StOlfl
 On ross-examination Taller ad- mitted that he had certified that Stolfi was qualified to vote. Referring to Stolfl's nomination as a Republi- can selectman. the defense attorney asked the registrar if 1t was not up to him to make an investigation to see If the nominee was a voter He replied that Michael J'Anthony handled the nominating petition.
 You were responsible for bring ing this criminal action, were you not" the defense queried. The pros- ecution objected to the form of the question, and the registrar was ask ed instead to disclose the events which led to the court action.
 Taller reiterated the story given in city court last spring. He said he received an anonymous telephone call at l2:30 a. m. one night in March, and was told Stola was not a registered voter. He checked the books the next day and learned that was true, the witness said.
 (Which book did you look at," At- torney Cassidy asked, pointing the vast array of exhibits placed on the stenographer's desk. T looked into the records of the 32 districts, the witness responded.
 Which book?" again the defense counsel queried, pointing to the desk. The question was reiterated many times. followed by an objec- tion from the prosecution, the states attorney stating the question was too specific and that 1t should suffice to know that an inveStiga- ton had been made by the registrar.
 Mir. Taller finally stated that he could not pick out at that time which book he looked in first.
 The registrar stated he reported the matter to the Republican Town Chairman who told him to get in touch with J. Warren Upson. Subse- quently he went to Mayor John s. Monagan. who later asked Stolfi to resign as selectman.
 Taller Denies Feud
 Later the registrar testified he had had no trouble with Stolfi, that he did not know how Stoln voted in a Republican convention in the latter part of March. and that he had not Mu "a