Norwich Bulletin Newspaper, October 17, 1911, Page 6

WESTERLY FUGITIVE CAUGHT Chief Brown Finds George Henry Simmons Near Jewett City—Sheriff John B. Joseph Brigham—Reco No-License—Langworthy Wins Out in Republican Wilcox Arrests Murderer of unt Shows Stonington Voted Caucus for Representative. The vote on the liquor license ques- ton was definitely settled for the town o Stonington by Judge Joel H. Reed ot t¥fe auperior court, after the open- me ¢f the pallot box and a recount of the ballots cast on the license ques- tion i@ the Third voting district. T'his action wag brought upon complaint of Henry Rhodes Palmer, agdmst the town of Stonington, through Heman J. Hoidredge, first selectman, and as ed for a correction of the returns, which were alleged to be incorrect. | Mr. Palmer was represented by Hull, McGuire & Hull, and the town of St ington by Town Attorney George R McKenna, assisted by Mayor Charles F. Thayer of Norwich. Mr. Thayer opened the hearins by quoting authorities to show the juris- diction of the judge and the stalute of 1909. He had not progressed far when Attorney Hadlai A. Hull raised the question of the right of Mr. Thay- er to appear in the case. Mr. Hull said he had been informed that Mr. Thayer had volunteered his services in behalf of the town and that Hold- redge had made no objection. MMr. Holdredge knew nothing of legal pr cedure, but the court knew that coun- sel could not appear by consent. George R. McKenna, attorney for the town, represented Selectman Holdredge, who represented the public interest, and whose only desire was to see to it that the wishes of the people were car- ried into effect. Me. Tnayer stated that Mr. Hull's being an extremist on the temperance question evidently wanted no defence in this matter. Mr, Thayer then de- clared that he did appear for Select- nan Holdreége, whether for or with- out pay was his own private affair and of no business to Mr. Hull Judge Reed said he would like know whom Mr, Thayer represented. Mr. Thayer replied that Selectman Holdredge in this matter represented the whole town of Stonington and not a part of it and wanted a square deal for all the citizens, whether they were favorable or unfavorable te the liquor license question. Judge Read renewed his inquiry, and Mr. Thayer replied: “I appear for Mr. Holdredge.” Judge Reed declared that question settled. to Mr. Thayer declared that it is a well settled law question that judges have special or limited jurisdiction de- fined by statutes, and action upon any | matter beyond is void. In this matter, the judge is sitting, not in the superior court, but In a specital statutory tri- bunal to hear a special matte: It is & case where the judge is not asked to count ballots that have been in- correctly counted, for the complaint alleges that they were correctly count- ed, but that incorrect return of the count was made to the moderator. Mr. Thayer cantended that the ot box should not be opened only w claim 1s made that the count not made correctly. Return was made from the Third district that showed 47 votes for license and 21 against, with sworn certificate that the vote wag correct. In the petition it is re- iterated that the count was correct, but allegation is made that the return was incorrect. Tha petition declares that the vote on the license question as ccunted was proper and not as announced when the vote of the town was declared. No record is made of the ballots in the wrong box in the returns, The fact of wrong returns should not be the sub- Jject of inquir The law does not con- template a case where the count is correct and the returns wrong, and the judge cannot go into a ballot box where the count is sworn to be cor- rect. To correct the declaration of re- turns was not contemplated in the law. If the count was declared to be wrong the court could legally open the bal- lot box, but not if the count is cor- rect, and this count has been sworn to by the proper persons as being cor- rect, Errors in returns and not in the count are asked to be corrected, and in a case where no recount is properly claimed. The only error claimed was in the return to the mod- Threw Away His TRUSS! Strenuous 0ld Sea CIpmn Fools the Doctors And Cures Himself. No man or woman who 1s ruptured—no matter how severely or at what age—need despair of being cured. was Throw Away the Truss. The case of Capt. W. A. 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Town Wher: to Buy in Westefll NDUSTRIAL TRUST COMPANY Westerly Branch Capital . .Three Milliod Dolluars Surplus .. .Three Million Dollars Over Fifty Thousand Accounts. Liberal, courteous and eficient 1a its management. Hatablished 1901. Fareld L. Wells, 0. D.,, Optometrist. sion cerrected by tna Pprop- lenses. Room 9, n— 15 !.-Ml'li. L | erator. No jurisdiction is conferred on courts to cover the point, and Mr. Thayer asked that the petiiton be dis- missed. Attorney McKenna said there was nothing in the law that prevented tak ing Mr. Thayer into this case. As attorrey for the town of Stoningion, he wanted Sciectman Holdredge's posi- tion made clear. Mr. Thayer advised Mr. Holdredge that he had been con- ited by certain parties in connection vhm the case. Mr. Holdredge and the | town attorney said it was perfectly proper to have Mr, Thaver look after the interests of parties interested, and therefore Mr. Thayer was authorita- tively in thé case. Personally, as at- torney for the selectmen, he could take sides with neither of the disputling par- ties, ard he considered it a happy con- dition to have both sides taken care of. If he was alone in appearance in the case, it would be his duty to look after bot® sides, and that would be a troublesome proble; The only desire of the town was justice, Judge Reed review made by counsel, declared the matter of jurisdiction to be overruled, and denied Mr. Thayer’s motion to @ Exception was noted. . Thay then rested the case in the form of a demurrer which was overruled. Exception was noted, but Judge Reed reminded that in the statute of 1909, the judgment of the court was final. Mr. Thayer replied that he expected to be able to appeal in the case. Judge Reed then ordered of testimony in the case. Elias* B. Hmckley. town clerk of Stonington, was sworn and testified. He has been town clerk for twenty s and has now in court the returns by the moderator of the Third t the faxing Hull offered the returns in evi- Mr. Thayer objected, as the returns were not made according to statute, in that the ret n detail the ballots dey . The is overruled and exception Mr. of the town of Hincki presented the return rmoderator of the vote of the Stonington as a whole. Mr. testified the returns were given him by the moderator of the First district and that no other re- turns were made. In answer to an inquiry from \h- Thayer, witness said the form w { brepared in the town clerk’s office, pri- or to the election. M Thayer ob- pected to the admission, as it was not properly made by the election officers in compliance with statute. The ob- jection was overruled and exception noted. Mr. Hinckley testified that the bal- lot box was delivered to him by Bu- gene Palmer and some of the count- ers. Henry Rhodes Palmer was the next witness. He is the petitioner in the case and was one of the (Onntcl‘& and testified that 21 votes w 1i- cen and 47 against. He filled in the returns that went to the First district. and placed ures in wrong places and the figures were thus transposed. He identified a sampie ballot upon which he made menréranda of the count on the election. no atiempt to correct election night. By Thayer: Hinckiey the returns on First heard of error next morning, but could not distin- guish whers erasure had been on his memcrandum. The only return made on license vote was Yes and No ballots, Msade no returns of ballots placed in wrong box. There were no votes placed in box after vote was closed. There were two license votes in the constitutional box, and they were counted and they were both Yes. No return of that find was made in the return to the moderat ‘Mr, Thayer asked were not elector lots. Judge Ree and Mr. Thay the election wasg had deposited bal- <ed the was to show and he did illogal not suppose the ballots of an illegal election could be counted. Judge Reed stat the Iegality of the whole elec- tion was not before the court. Ralph W~ r testified that he was doortends counter and the vote 5 was 21 Yes and 47 No. John Noyes, another counter, orroboration. and said that he also acted as checker. e Read declared that the t come out in this ‘matter x was ordered opened and the counted, under the direction of the judge tlornevs McGuire and Me- Kenna acting as counters. The recount showed 20 for and 47 against license; with two votes that were taken from the constitution- 2l amendment box, and two votes in one envelope. Judge Reed announced that he would make certificate of the vote as shown in recount as being the correct vote. This means that the declaration of the moderator of the Central district that Stonington had voted in favor of li- cense will be reversed, and that the present saloons will discontinue bus- iness at the end of the license year. Should Mr, Thayer find basis for legal app=al there may be more complica- tions. license, i | i Judge John W. Sweeney of Westerly addressed the delegates to the city conveation in Pawticket Monday eve- ning, an innovation at gatherings the kind in that city. It also marked the Leginn of a series of meetings under r can au s for the next few This is a new order of t for the republican managers, who have been content to let the dem- ocrats hold all the rallies and do all the public potitical talk, owing to dem- ocratic preponderance. Heretofore the charges of democratic spellbinders have been unchallenged in Pawtucket. Chief of Police Thomas E. Brown went to Jewett City Monday merning in search of George Henry Simmons, a coiored man, who deserted his wife and five small children, and took him into zustody on the charge of non-sup- port. At Jewett City, Chief Brown made known his mission to -Officer Patrick B. Driscoll, giving a descrip- tion of Simmons and the information that Silmmons was employed in a saw mill in the vicinity of Jewett C Officer Driscoll detailed ( ons‘fll)h‘ Lo M. Gingras to assist Chief Brown and they started out to locate Simmons: The officers visited a sawmill in Pa- chaug and there learned that Simmons had not been at work for three days. They then went into the woods, Con- stable Gingras leading the way to a cabin occupied by negr Constable Gingras. went into the hut and arrest- ed Simmons and by his_coolness and courage aweG the associates of Sim- mouns. The prisoner was taken to Jewett City by the Constable and Chief Brown.” Upon arriving there, Simmons egreed to vicld: extradition rights and to come to Westerly. Chief Brown ar- rived with Simmons Monday after- noon. Simmens was arraigned Monday. eve- ning before Judge Oliver H. Williams in the Thkird district court, charged with abandonment and non-suppori of wife and children. guilty, Hearing was continued to d the remarks, He made | made | if persons who | purport, | testified in | He pleaded notv TUESDAY and "WEDNESDAY SPECIALS FRESH | KILLED Fowl Lean-Fresh Shoulders'lb 15 E 9| Fresh Mohican Creamery Butter Fine Yellow ONIONS - 4 gts [ e Fine Granulate Lave- OAKES - Fresh Macaroons Lady Fingers Prime Rib ROAST J0; Ib ks dbzlflc These Deeply Cut-Prices Mean Much To You Also Our Big October Grocery Sale All This Week Every Egg Guarantsed B6S 1%, wl2C ROAST Ib|c SIRLD:N PORTERROUSE SHORT ROUKD Delicious PEACHES - a 100 SUGAR 101bs 78¢-25 lbs §1.89" Best Chuck STEAK ~12x BIG OGTOBER GROGERY SALE ALL THIS WEEK TUESDAY and WEDNESDAY SPECIALS ! ¢ | Legs of Good-Sweet-Wholesome BUTTER 1| %" 1 1 »]0c Ifllfl Sale RIBS me Choice Pot Roast Ib §c | **'=LAMB 1b§ic 2l /i Small Smoked Shoulders . houlders of Pure LARD 2ibs Sweet POTATOES 101bs OHiCAN TXXK Good-Juicy LEMONS 1-8 bbl. bbl. . dozl gc 69¢ $5.48 23| Bread FLOUR - Bc | Bodtam* "hie -0z 12 | Orange CAKE - loef |2¢ copcaxes - - iz §c | Best BREAD - loaf 3¢ Tuesday afternoon. under bonds of $300. Simmons is held When Chairman William Clark of | the committee of the Second represen- tative republican district called the caucus to order at 4 o’clock Monday aft- ernoon, there were fortv-eight present. Eugene B. Pendleton was chosen mod- erator and Everett E. Whipple cierk. The call for the caucus was read, showing that its purpose was the nomination of a candidate from the district to the next general assembly. Wiliiam Clark, in behalf of the town committee for the district, made nom- ination of Henry L. Burdick; the sec- onding was by Samuel H. Davi Judge Edward M. Burke said that in behalf of the ecight hundred and more republicans i the district he renominatea Albert H. Langworthy, making a lengthy speech in support of the nomination. He told of the time when “Bert” Langworthy toiled in his Mair: street store from early morn till midnight. That same zeal that char- acterized the man at that time he bro \nll. his public life. He had served fellow citizens faithfully as town treasurer, in the town counc and general a mbly, and by reason of his faithful and conscientious work he was entitled to renomination. On motion of Judge Burke it was vo- ted that the polls remain open until 8 o’ciock. Frank P. Dodge, lLewis Stan- ton, Walter Price and Harold Living- stone were appointed tellers. The re- sult of the vote follows: | { Whole Number of votes | Necessary for choice - . i Albert IT. Lan Henry L. Burdick { Langworthy majority .150 | On motion of Mr. Burdick, Mr. Langworthy's nomination wuas made unanimous. John R. Wilcox, sheriff of Washing- ton county, arrested a murder suspect, before daylight Monday morning and within four hours after the crime had been committed. Joseph Brigham, a ‘Wakefield farmhand, age 45, was shot and Lkilled while he slept beside his sixteen-year-old son. The supect is Blennin Cravagreer, or erjohn,” a Pole, age 30. ago the suspect had Brigham and told Sher! as a result he feared that Bnghun would kill him. Brigham with his wife and two sons lived on MeSparran hill, about two miles from the village of Wakefield. At the time of the murder Brigham was in the house with one of his sons and w boarder., Mrs. Brigham and the other son having gone on a vVisit to Meriden, Conn. About one o'clock on Monday morning the Brigham boy was awakened by the report of a gun and the smashing of window glass, and, a lamp being left burning in the room, he saw blood flowine, from a big wound in hie father’s head. The boy cailed to the boarder: who was asleep up- stairs, and tiien ran to the Rock Ledge farm, where he and his father were emploved, to mmon aid. From Rock Ledge farm, eriff Wilcox was noti- fled. In a short time the sheriff ar- rived in his automobile, accompanied by Deputy Sheriff Ralph Larkin. The sheriif found tracks leading from out- side of the room in which Brigham had been shot and tracked them for two miles out into the road to Bridge- ton. }ere the tracks turned into a side path that finally came out on the Nar- ragansett Pier road near the Ntxon, | and lent his aid. 18 shot were a shore dinner resort conducted by, Charles A. Bennett. Mr. Benrett told of seeing a man running past the place, and he joined with the sheriff and deputy in the hunt. The suspect was trailed down a lane to the farm of Joseph Johnson, where Cravageer was employed. Mr. Johnson was apprised of the visit of the posse and the object of their visit, The sheriff and his assisiants hid behind a stone wall and Mr. Johnson went in the barn, ex- pecting-to-find Cragaeer at work milk- g, but he was not there. The men watched carefully and soon saw Crav- ageer enter the house, where he, with other farm hands, lodged. When the sheriff entered the house, Cravageer was washing his hands and said he had just.arisen from his bed. An ex- amination shewed that the bed had been unoccupied and then Cravageer declared that he had slept outside all night, after returning from Narragan- sett Pier with a friend named Lacey. This Lacey said that he supposed Cra- vageer had gone to bed after he re- turned to the house. In the old farmonuse near the barn Sheriff Wilcox found the gun that had been used only a few hours pre- vious, the powder still showing on the barrel. This gun had beéen in the house fer inonths and had not been used previously for six weeks, It is a No. 12 gauge gun and chells of No. cn the floor. Brigham was killed with No. 8 shot and wad- ding found outside the Bregham house showed that a No. 12 gauge gun had Examiner Malcolm W. Thewlt assisted by Dr. Horace J. Wilcox, performed an autopsy Monday afternoon. The wound tore away the eve, entering the head near the tem- and penetrating the brain. Death instantaneous. The shot was fired through the window, deliberate aim being taken at Brigham with the aid of the lighted lamp. Local Laconics. Edward H. Babcock of here on a visit to relati Wayland A. Saunders has sold a building lot in Bradford to the Work- ers’ unicn. Dr. M. H. Scanlon and Walter Sny- der are in New York to see the base- hall game. Judge Hubel t W, New York is Rathbun is at- g the State Baptist convention lmbm\' as delegate froni‘ the in Mystic. 2 t the annual mesting -of the He- brew congregation of Westerly, these officers were elected: Abraham Lie- bori president;’ Louis Deutch, vics president; Samuel Stralson. ireasurer; Abraham Lahn, corres g secre- tary; Max I.abn, recording secre Jacob Wolk, Benjamin Wine, tees. While walking on a crossroad to Crum?’s quarry, at Bradford, Louis Turnover found a dagger, a mask of dark cloth, a slouch hat, and a pair of overalls, and turned the find over to Chief of Police Brown. It is be- lieved these articles were used in connection with, the robbery of David’ McG. Newall, who was held up and relieved of $1,200. A reward of $1,000 has Leen offered for the capture of the highwaymen. trus- Winsted.—Joseph Dupev of Winsted, who_escaped from the counts Litchfield Thursday, is being by the police of the state. 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